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12 STATUS OF CONVENTIONS
12.1 The Committee noted the information on the status of IMO conventions and other instruments relating to marine environment protection (MEPC 55/12) as follows:
 
.1 Annex 1 shows the status, as at 26 June 2006, of the IMO conventions and other instruments relating to marine environment protection;
 
.2 Annex 2 shows the status, as at 26 June 2006, of MARPOL;
 
.3 Annex 3 shows the status, as at 26 June 2006, of the amendments to MARPOL;
 
.4 Annex 4 shows the status, as at 26 June 2006, of 1990 OPRC Convention;
 
.5 Annex 5 shows the status, as at 26 June 2006, of 2000 OPRC-HNS Protocol;
 
.6 Annex 6 shows the status, as at 26 June 2006, of 2001 AFS Convention; and
 
.7 Annex 7 shows the status, as at 26 June 2006, of 2004 BWM Convention.
 
12.2 The Committee also noted the following information provided by the Secretariat since MEPC 55/12 was issued on 26 June 2006:
 
.1 With regard to annex 2 of document MEPC 55/12 on the status of MARPOL:
 
.1 Ireland deposited its instrument of acceptance for Annex IV
on 10 August 2006;
 
.2 Liberia deposited its instrument of acceptance for Annex IV on 21 August 2006;
and
 
.3 The Netherlands deposited its instrument of acceptance of the 1997 MARPOL Protocol (MARPOL Annex VI) on 2 October 2006;
 
.2 With regard to annex 6 of the document MEPC 55/12 on the status of 2001 AFS Convention:
 
.1 Mexico deposited its instrument of accession on 7 July 2006.
 
12.3 The Committee further noted the following information from delegations:
 
.1 the delegation of China stated that their government would deposit their instrument of ratification for MARPOL Annex IV soon;
 
.2 the delegation of Croatia stated that their government was expected to ratify the AFS Convention very soon; and
 
.3 the delegation of Venezuela stated that their government is in the ratification process for the BWM Convention, the AFS Convention, the OPRC Convention and the 2000 OPRC-HNS Protocol.
 
13 HARMFUL ANTI-FOULING SYSTEMS FOR SHIPS
Update on the Anti-fouling Systems Convention
 
13.1 The Committee noted the information contained in document MEPC 55/13 (Secretariat) on the Anti-fouling Systems Convention (AFS Convention) adopted by the International Conference on the Control of Harmful Anti-fouling Systems for Ships on 5 October 2001. To date seventeen States representing about 17.43% of the world's merchant shipping, had ratified the Convention. Bearing in mind the year 2008 deadline for a total prohibition of tin-based anti-fouling systems on ships, the Committee urged Member Governments to ratify the AFS Convention as soon as possible.
 
13.2 The Committee noted the information provided by the Republic of Korea that their government was expected to finalize national legislation on harmful anti-fouling systems by the end of 2006 and to ratify the AFS Convention soon afterwards.
 
13.3 The Committee noted the statement made by the European Commission that, fully in line with the AFS Convention, the European Union (EU) has adopted Regulation (EC) No.782/2003 on the prohibition of organotin compounds on ships in 2003, which prohibits the application or reapplication of organotin compounds acting as biocides in anti-fouling systems on ships flying the flag of an EU Member States from 1 July 2003 and would not allow any ship with a tin-based anti-fouling system to enter any EU port or offshore terminal from 1 January 2008.
 
13.4 The Committee recalled that, in an effort to provide countries with practical guidance on article 5 of the AFS Convention, at its last two sessions, it invited Members to provide examples of their Codes of Practice, Guidance Documents or other relevant documentation that could serve as a basis for the preparation of a concise guide on the environmentally sound management of wastes resulted from the application or removal of an anti-fouling systems. The Committee reiterated its invitation to Members to submit relevant information to MEPC 56 for consideration in accordance with the provisions of Annex 1 to the AFS Convention.
 
Evidence of the continuing global impact of organotin
 
13.5 The Committee noted with appreciation the information provided by WWF, FOEI, IUCN, INTERTANKO and Bulgaria (MEPC 55/INF.4) on the presence and continuing impact of organotins in the global marine environment and the urgent need for ratification and effective implementation of the 2001 AFS Convention.
 
Proposed Code of Practice for minimizing the transfer of invasive aquatic species via biofouling on recreational and similar small boats
 
13.6 The Committee considered document MEPC 55/13/1 (FOEI), which highlighted the critical importance of anti-fouling systems for impeding the spread of harmful aquatic organisms and pathogens and of the precautionary approach to limit the spread of alien species attached to the hull of small recreational, fishing and other craft.
 
13.7 With a view to assisting countries to develop such a precautionary approach and bearing in mind that voluntary action is often the common strategy for recreational and other small craft, the Committee agreed to invite Friends of the Earth International, International Sailing Federation and other interested delegations to redraft the proposed Code of Practice contained in the annex of document MEPC 55/13/1 in the form of a draft guidance document to be submitted to MEPC 56, taking into account the comments made in plenary.
 
13.8 FOEI invited interested delegations to approach the Secretariat for contact details, should they wish to participate in the redrafting process.
 
14 PROMOTION OF IMPLEMENTATION AND ENFORCEMENT OF MARPOL 73/78 AND RELATED INSTRUMENTS
14.1 The Committee considered document MEPC 55/14 (Interpol) providing information on that organization's activities to prevent or combat environmental crime. The Committee noted that the Assembly, at its twenty-fourth session, approved the conclusion of an Agreement of Co-operation between IMO and Interpol which acknowledges co-operation for activities relating to unlawful acts against the safety of maritime navigation and in combating, inter alia, marine pollution caused by illegal discharges from ships. The Agreement was subsequently signed by the Secretaries-General of both organizations on 6 January 2006.
 
14.2 The Committee concurred with Interpol's views that deliberate and illegal discharges of oil, noxious liquid substances and garbage into the marine environment represented a serious enforcement problem and noted that this issue was currently being tackled by the Interpol Pollution Crimes Working Group under its "Project Clean Seas" established in 2002 and that an analysis of the information collected under the Project would be submitted to MEPC 56 by Interpol.
 
14.3 The Committee thanked Interpol for its submission and expressed appreciation for its continuing efforts under the Project Clean Seas to tackle marine environment-related international crime.
 
14.4 The Committee, in endorsing the proposal by Interpol, agreed to request member States to provide information on oil pollution-related prosecutions to Interpol*.
 
15 FOLLOW-UP TO UNCED AND WSSD
15.1 The Committee noted that, under this item, the Committee was normally invited to note or consider developments of the marine environment sector in relation to the Plan of Implementation adopted at the World Summit on Sustainable Development (WSSD), which was held in 2002 in Johannesburg, South Africa.
 
15.2 The Committee, recognizing that there had been many positive developments in many countries since the 2002 WSSD, invited Members to provide information concerning the work of the MEPC to future sessions of the Committee, so that the Committee could take these developments into account in its work.
 
16 TECHNICAL CO-OPERATION PROGRAMME
16.1 The Committee recalled that it was past practice to have technical co-operation on its agenda only on alternate meetings. But, given the importance of technical co-operation in the work of the Organization, it was suggested to report on TC activities to every session of the Committee. One exhaustive report on the Organization's marine environment-related technical co-operation activities would be provided each year, with an additional update during non-Assembly years.
 
16.2 The Committee noted that two documents were submitted by the Secretariat under this agenda item, namely: MEPC 55/16 and MEPC 55/16/1 by the Secretariat on the Committee's proposed contribution to the new overall IMO Integrated Technical Co-operation Programme (ITCP) for 2008-2009 and on the Programme activities for the period from January to June 2006. Document MEPC 55/11/4 on the outcome of TC 56 was also relevant and dealt with under agenda item 11 - Work of other bodies.
 
16.3 The Committee recalled that MEPC 52 approved the updated thematic priorities and the Committee's contribution to the ITCP for 2006-2007 prepared by the Secretariat. These formed the basis for the preparation of the marine environment-related components of the overall ITCP for 2006-2007. The Committee recalled further that the ITCP for 2008-2009 would be considered by TC 56 in June 2007 and should include the MEPC's contribution to that programme. The Committee's contribution, as contained in the annex to document MEPC 55/16, was an updated version of the current ITCP for 2006-2007. This amended version took account of the ongoing ITCP and of the actual activities, implemented and/or programmed, as contained in the relevant ongoing projects and/or programmes.
 
16.4 The Committee noted the report on the Technical Co-operation Programme on a region-by-region basis (MEPC 55/16/1), which gave an update of the technical co-operation activities related to the protection of the marine environment undertaken during the period January - June 2006. The document also provided information on the activities carried out during the same period under the major projects/programmes financed through outside sources. In this respect, the Committee took note of the developments regarding:
 
.1 the project on building Partnerships for Environmental Protection and Management of the Seas of East Asia (PEMSEA);
 
.2 the PDF-B Project on Building partnerships to assist Developing Countries to Reduce the Transfer of Harmful Aquatic Organisms in Ships' Ballast Water (Globallast Partnerships);
 
.3 the project on the development of a Regional Marine Electronic Highway (MEH) in the East Asian Seas; and
 
.4 the EC/MEDA financed project on EUROMED Co-operation on Maritime Safety and Prevention of Pollution from Ships (SAFEMED).
 
16.5 The Committee also took note of the information provided by the Secretariat on major projects being executed by sister organizations and which included activities to be implemented directly by IMO or under its supervision.
 
16.6 The Director, Technical Co-operation Division (TCD), recalled that ownership of the ITCP development and implementation process rested with the recipient countries themselves. The needs of the developing regions were a key component of the biennial ITCP, as articulated through regional strategic plans and by regional institutions. One such example was the ROCRAM network, which developed an integrated maritime plan for the Latin American region on a ten-year cycle. IMO's regulatory priorities were also taken into account in this programme-building process, notably to facilitate the implementation of emerging issues as agreed by the technical committees.
 
16.7 The Committee noted that, in light of the sharply diminishing resources, and of the dwindling TC Fund reserves, the Secretariat had been asked by TCC to rationalize the ITCP, and to develop a modest, realistic and deliverable programme commensurate with the available resources. This drove the need to prioritize the selection of the individual ITCP components. The Director, TCD, also emphasized that full delivery was dependent on the identification of resources to finance the ITCP implementation.
 
16.8 The Committee:
 
.1 approved the Committee's input to the overall IMO ITCP for 2008-2009;
 
.2 instructed the Secretariat to finalize the Committee's input for its incorporation by the Technical Co-operation Division into the overall ITCP for 2008-2009 and subsequent consideration/approval by the Technical Co-operation Committee; and
 
.3 took note of the information provided regarding the implementation of the technical co-operation activities for the period from January to June 2006.
 
17 ROLE OF THE HUMAN ELEMENT
17.1 The Committee, noting that the Joint MSC/MEPC Working Group on the Human Element would be reconvened during MSC 82, which would meet in Istanbul, Turkey, from 29 November to 8 December 2006, considered document MEPC 55/17, containing the outcome of MSC 81 in relation to the role of the human element and, in particular, the work of the Joint MSC/MEPC Working Group on Human Element, as well as the report of the Group of Independent Experts on the assessment of the impact and effectiveness of implementation of the ISM Code.
 
17.2 Having considered the information provided in the aforementioned document, the Committee noted that:
 
.1 MSC 81, noting the concurrent decision of MEPC 53, had approved:
 
- MSC-MEPC.7/Circ.1 on Checklist for considering human element issues by IMO bodies, along with the associated checklist;
 
- MSC-MEPC.7/Circ.2 on Strengthening of human element input to the work of IMO;
 
- MSC-MEPC.7/Circ.3 on Framework for consideration of ergonomics and work environment; and
 
- MSC-MEPC.7/Circ.4 on the Organization's strategy to address the human element;
 
.2 MSC 81, noting the concurrent decision of MEPC 53, had also approved, under its agenda item 9 (Bulk liquids and gases), the Guidelines on the basic elements of a shipboard occupational health and safety programme, under cover of circular MSC-MEPC.2/Circ.3;
 
.3 MSC 81 had endorsed the decision of MEPC 53 to refer document MEPC 53/INF.7 to the FSI Sub-Committee; and
 
.4 the Joint MSC/MEPC Working Group on the Human Element would be reconvened during MSC 82 to consider in detail, inter alia, the report of the Group of Independent Experts on the assessment of the impact and effectiveness of implementation of the ISM Code, and that the Joint Group's outcome and the subsequent decisions by MSC 82 would be submitted to MEPC 56 in July 2007, for appropriate action.
 
18 FORMAL SAFETY ASSESSMENT
18.1 The Committee recalled that, at its fifty-fourth session, it had noted that a Drafting Group on Formal Safety Assessment would be established by MSC 81 and that the decisions taken thereon would be reported to the Committee for appropriate action at the fifty-fifth session.
 
18.2 The Committee considered document MEPC 55/18 (Secretariat), providing information on the outcome of the Correspondence Group on Formal Safety Assessment established by MSC 80, as well as the results of subsequent deliberations by MSC 81, after considering the outcome of the drafting group established for the purpose.
 
18.3 Having deliberated on the action requested in document MEPC 55/18, the Committee:
 
.1 noted the actions taken by MSC 81 in respect of the report of the Correspondence Group on Formal Safety Assessment, as described in paragraphs 2 to 9 of document MEPC 55/18;
 
.2 approved the draft amendments to the Guidelines for formal safety assessment (FSA) for use in the IMO rule-making process (MSC/Circ.1023 - MEPC/Circ.392), under cover of circular MSC-MEPC.2/Circ.5, as set out in annex 1 to document MEPC 55/18, noting that the draft amendments and the associated circular had already been approved by MSC 81; and
 
.3 approved the draft amendments to the Guidance on the use of human element analysing process (HEAP) and formal safety assessment (FSA) in the IMO rule-making process (MSC/Circ.1022 - MEPC/Circ.391), under cover of circular MSC-MEPC.2/Circ.6, as set out in annex 2 to document MEPC 55/18, noting that the draft amendments and the associated circular had already been approved by MSC 81.
 
18.4 The Committee considered also the draft Environmental risk evaluation criteria set out in annex 3 to document MEPC 55/18 and agreed that the draft criteria still needed in-depth consideration from the marine environment protection perspective. Subsequently, the Chairman invited Members and international organizations to consider the draft Environment risk evaluation criteria during the intersessional period and submit comments thereon to MEPC 56, for further consideration prior to referring the agreed text to the MSC for appropriate action.
 
* Interpol Contact:
Mark Measer
Crime Intelligence Officer
Interpol Secretary General
200 Quai Charles de Gaulle
69006 Lyon, France
Telephone: 33 4 72 44 71 89
Fax: 33 4 72 44 73 51
E-mail: M.MEASER@interpol.int


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