IFSMA Monthly Logs

IFSMA attended two meetings at IMO this month: The MEPC and Legal Committees

MEPC 52^nd session was held from the 11^th to the 15^th October 2004.

A number of issues were discussed including the recycling of ships and the revision of MARPOL Annex I, Annex II and IBC Code which were adopted. The MEPC also adopted a resolution on Guidelines for the transport of vegetable oils in deep tanks or in independent tanks specially designed for the carriage of such vegetable oils on board dry cargo ships. The guidelines have been developed to allow general dry cargo ships that are currently certified to carry vegetable oil in bulk to continue to carry these vegetable oils on specific trades.  The guidelines will take effect on 1 January 2007.

The MEPC also finalized the Guidelines for approval of ballast water management systems and approved the Procedure for approval of active substances, with a view to their consideration for adoption at MEPC 53 by an MEPC resolution. The development of other guidelines will continue at the Bulk Liquids and Gases (BLG) Sub-Committee and future sessions of the MEPC.

Of particular interest to serving shipmasters is the increasing number of Particularly Sensitive Sea Areas (PSSAs). It was agreed to designate of the Western European Waters as a new PSSA.

There are now seven designated PSSAs: the Great Barrier Reef, Australia (designated a PSSA in 1990); the Sabana-Camagüey Archipelago in Cuba (1997); Malpelo Island, Colombia (2002); Around the Florida Keys, United States (2002); the Wadden Sea, Denmark, Germany, Netherlands (2002); Paracas National Reserve, Peru (2003); and Western European Waters (2004). In relation to the proposed extension of the existing Great Barrier Reef PSSA to include the Torres Strait Region, the MEPC agreed to refer the legal aspects of compulsory pilotage in straits used for international navigation to the Legal Committee for advice. 

Furthermore The MEPC agreed to designate the Oman Sea area of the Arabian Seas as a special area and the designation is included in the revised Annex I.  The other special areas in Annex I are: Mediterranean Sea area; Baltic Sea area; Black Sea area; Red Sea area; “Gulfs” area; Gulf of Aden area; Antarctic area;  and North West European Waters. In the special areas, there are stricter controls on discharge of oily wastes.

The MEPC finalized the Guidelines for approval of ballast water management systems and approved the Procedure for approval of active substances, with a view to their consideration for adoption at MEPC 53 by an MEPC resolution. The development of other guidelines will continue at the Bulk Liquids and Gases (BLG) Sub-Committee and future sessions of the MEPC.

Regulations for the Prevention of Air Pollution from Ships, contained in MARPOL Annex VI, will enter into force on 19 May 2005.

The MEPC further reviewed the draft amendments to MARPOL Annex VI which were approved at previous sessions of the Committee, with a view to their adoption at MEPC 53. The draft amendments relate to the designation of the North Sea area as a “SOx Emission Control Area” and the introduction of the Harmonized System of Survey and Certification into MARPOL Annex VI. In addition, the Committee instructed the Sub-Committee on Ship Design and Equipment to consider a number of proposed Unified Interpretations.

The Committee made progress on developing draft Guidelines on the CO₂ Indexing Scheme and urged Members to carry out trials using the scheme and to report to the next session. One purpose of developing guidelines on CO₂ emission indexing is to develop a simple system that could be used voluntarily by ship operators during a trial period.

The Committee agreed that a CO₂ indexing scheme should be simple and easy to apply and take into consideration matters related to construction and operation of the ship, and market‑based incentives.

Meanwhile, the Committee recognized that IMO guidelines on greenhouse gas emissions have to address all six greenhouse gases covered by the Kyoto Protocol (Carbon dioxide (CO₂); Methane (CH₄); Nitrous oxide (N₂O); Hydro fluorocarbons (HFCs); Per fluorocarbons (PFCs); and Sulphur hexafluoride (SF₆).

The MEPC agreed to the development of a joint IMO/UNEP Manual on Natural Resource Damage Assessment and Restoration Following Major Oil Spills, to be submitted for consideration at MEPC 53.  Following work by the Oil Pollution Preparedness, Response and Co-operation (OPRC)/OPRC-HNS (Hazardous and Noxious Substances) Technical Group, the MEPC approved draft Guidelines on facilitation of response to pollution incidents for submission to the 24^th Assembly in November 2005 for adoption.

The inadequacy of reception facilities was also discussed Recognizing that provision of reception facilities is crucial for effective MARPOL implementation, the MEPC strongly encouraged Member States, particularly those Parties to the MARPOL Convention as port States, to fulfil their treaty obligations on providing adequate reception facilities. Governments were also urged to respond to a questionnaire on alleged inadequacy of port reception facilities (MEPC/Circ.417) and to report their experiences to MEPC 53 with the aim of identifying problem areas and developing a future action plan.

The 89^th Session of the Legal Committee met from 25^th to 29^th October 2004

The first two and a half days were dominated by two important discussions to finalise the SUA convention and the draft Convention on Wreck Removal. With regard to the SUA Convention, work is continuing to reach a conclusion to present to the Diplomatic Conference in October 2005. This convention is having to be brought up to date with regard to the concerns of terrorism that have increased since the existing Convention was accepted and the current work follows the IMO resolution A.924(22)

The draft Convention on Wreck Removal (WRC) is also a major topic in the legal committee and is trying to address the rights and obligations regarding wrecks, drifting or sunken cargo which create hazards to navigation and may damage the environment. One particular issue is who will deal with hazardous wrecks that are beyond territorial waters.

IFSMA presented its paper on the fair treatment for seafarers. This received much praise from several delegations and the paper will form part of the working documents at the joint ILO/IMO working group which will commence its meetings in January 2005. As only 16 representatives will form this working group IFSMA will be attending as an observer.   

Other issues debated were places of refuge with CMI stating that it had identified several concerns on the present arrangements emphasising that there was no single International Convention establishing the rights and obligations of a coastal state when face with a request for a place of refuge for a ship.

Finally, the committee failed to find agreement on the issue of compulsory pilotage for ships transiting a strait used for international navigation.