Mepielan eBulletin - Maritime Governance

Global Ocean Commission Launched to Promote Ocean Sustainability

Fri, 05 Apr 2013 00:00:00 GMT

The international community launched in London on 12 February 2013 a new high-level Global Ocean Commission with a view to providing advice and recommendations to the United Nations on the effective governance and management of the oceans. The Global Ocean Commission, which is an independent entity but is hosted at Somerville College at the University of Oxford in the United Kingdom will bring together high-level political figures, scientists and business leaders from all over the world with a keen interest in the protection, conservation and sustainable management of the high seas. The Commission will be co-chaired by David Miliband, former foreign secretary of the United Kingdom, José María Figueres, former president of Costa Rica, and Trevor Manuel, South African Cabinet Minister. The Commission's Executive Secretary will be the former Greenpeace adviser Simon Reddy, while its members will also include ex-cabinet ministers from nations such as Canada, Australia, Indonesia, Chile and Nigeria, and Pascal Lamy, Director-General of the World Trade Organization.

The cardinal objective of the Commission is to provide a comprehensive assessment of the increasing threats and challenges that the global oceans face today, to propose new regulatory and policy frameworks for the protection and management of the high-seas, and to foster critical reflection on a wide range of issues with a bearing on the oceans governance, including climate change, overexploitation of marine living resources, ocean acidification, habitat degradation, oil and mineral resources exploration and exploitation, technology-based monitoring, policing and enforcement.

In an effort to highlight the need for the creation of the Commission, José María Figueres, pointed out in a teleconference that the global ocean is essential to the health and well-being of each and every one of us. It provides about half of the oxygen we breathe and absorbs about a quarter of our carbon dioxide emissions, but we are failing to manage it in ways that reflect its true value…the high seas are owned by everyone but their governance and management are inadequate. In parallel, David Miliband stressed that much of the ocean was "a neglected area of global governance" despite a 1982 UN Convention on the Law of the Sea (UNCLOS). The Commission will "sound a warning" that business as usual will lead to ecological degradation and economic loss. It aims to come up with "practical solutions" by updating economic knowledge relevant to environmental issues. In addition, Trevor Manuel outlined that the Global Ocean Commission is the right organization at the right time. We are going to be very focused and dynamic in our work. We must not miss this outstanding opportunity to achieve change.

The Commission will be working on the basis of policy proposals submitted by its members on different aspects of oceans governance and the organization of a number of workshops where scientists will have the opportunity to exchange their views and provide their input on issues associated with the preservation and conservation of the high-seas. One of the main current priority actions of the Commission is the development of a sustainability strategy for the oceans. This strategy is to be presented in early 2014, before a UN General Assembly session on high seas biodiversity scheduled for the same year.

Sources: Global Ocean Commission, International Centre for Trade and Sustainable Development
For further information:
http://www.globaloceancommission.org/news/press-releases/launch-of-commission/
http://ictsd.org/i/news/biores/153980/

The European Union Promotes an Integrated Maritime Strategy for the Adriatic and Ionian Seas

Fri, 21 Dec 2012 00:00:00 GMT

The European Commission adopted on 3 December 2012 a Communication entitled "A Maritime Strategy for the Adriatic and Ionian Seas". The ultimate objective of this Communication is to identify and assess the needs and potential of the natural resources and socio-economic dynamics of the Adriatic and Ionian marine and coastal areas, and to form the foundation for the development and implementation of an integrated EU Maritime Strategy promoting and enhancing sustainable growth and innovation in the Adriatic and Ionian region.

This new strategy, which follows the establishment of the EU macro-regional strategies for the Baltic and the Atlantic Seas, constitutes an important implementing action of the Integrated Maritime Policy of the EU, adopted by the European Commission in October 2007 with a view to developing and implementing an all-inclusive and holistic approach to maritime affairs. In addition, it builds on the strategic goals of the EU 2020 Strategy for smart, sustainable and inclusive growth, on the Commission’s Blue Growth Initiative for a long-term strategy to support growth in the maritime sector as a whole, and on the Limassol Declaration on a marine and maritime agenda for growth and jobs adopted by EU Ministers in October 2012.The strategy is also based on the input provided by three stakeholder workshops on maritime affairs held in 2012 in Greece, Italy and Slovenia.

The Commission’s Communication attaches weight to the objectives of four core thematic pillars of the strategy which are of particular importance for the sustainable development of the Adriatic and Ionian region. These are:

(i) Increasing the potential of the blue economy through the creation of the conditions which enhance the competitiveness and innovation, strengthen the whole maritime transport sector, promote coastal and maritime tourism, and develop the aquaculture sector;

(ii) ensuring a healthier marine environment and facing key environmental challenges of the Adriatic and Ionian marine and coastal areas, such as the increasing land-based and vessels-based pollution, through the effective implementation of the regulatory framework of the relevant EU acquis and the Barcelona Convention and its Protocol;

(iii) promoting a safer and secure maritime space on the basis of cooperative and synergetic actions engaging all the countries of the region, the exploitation of new technological means and the harmonized implementation of the existing EU legislation and international rules; and

(iv) supporting sustainable and responsible fishing activities in line with the objectives and principles of the EU Common Fisheries Policy (CFP).

Within the framework of the above mentioned thematic pillars of the strategy, the Communication sets forth a number of specific priority areas to be developed within the respective EU policies. These include:

Stimulating the creation of maritime clusters and research networks as well as formulating a research strategy to spur innovation, and increasing skills and mobility of the workforce, with greater transparency of qualifications;
Optimising interfaces, procedures and infrastructure to facilitate trade with southern, central and eastern Europe;
Optimising the connections by developing an integrated, demand-based, low-carbon maritime transportation network across the region, paying particular attention to island connectivity;
Guaranteeing the sustainability of the coastal and maritime tourism sector by limiting its environmental footprint, taking into consideration the impacts of a changing climate, and promoting the sustainable development of cruise tourism;
Ensuring good environmental and ecological status of the marine and coastal environment by 2020 in line with the relevant EU acquis and the Ecosystem Approach of the Barcelona Convention, and preserving biodiversity, ecosystems and their services by implementing the European ecological network Natura 2000 and managing it, considering also related work within the Barcelona Convention;
Improving the culture of compliance in flag and port state control, liability and insurance of shipping, ship sanitation and control of communicable diseases on ships, accident investigation and port security;
Achieving the sustainable management of fisheries, including the development of multiannual plans and measures such as Marine Protected Areas in their wider sense;

The strategy for the Adriatic and Ionian Seas will be spelled out in detail in an Action Plan to be jointly developed with the region's multiple stakeholders in the second half of 2013. The Action Plan will enumerate a set of priority actions that the European Commission will propose to take as a first step towards the development and implementation of a new EU integrated maritime strategy for the Adriatic and Ionian Seas. The Commission plans to work closely with a number of stakeholders, including governments, municipalities, business representatives, researchers, and intergovernmental and non-governmental organizations, with a view to producing an all-encompassing and coherent Action Plan embedded with comprehensive actions and projects.

Source: DG Maritime Affairs and Fisheries, European Commission
For further information:
http://ec.europa.eu/maritimeaffairs/policy/sea_basins/adriatic_ionian/index_en.htm

The 64th Session of the Marine Environment Protection Committee (MEPC) of the International Maritime Organization

Fri, 19 Oct 2012 00:00:00 GMT

The 64th Session of the Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO), held from 1 to 5 October 2012 at IMO Headquarters in London, addressed a great deal of issues having a bearing on the energy-efficiency measures for ships, greenhouse gas (GHG) emissions, the designation of new Particularly Sensitive Sea Area (PSSA), the ballast water management system, and the recycling of ships.

With regard to the energy-efficiency measures for ships, MEPC reviewed progress on the development and improvement of a bulk of operational and technical measures, on the basis of a work plan approved at the previous session. It is to be noted that the development of energy-efficiency measures for ships is consistent with the new chapter 4 of MARPOL Annex VI, which will enter into force on 1 January 2013 and comprises new requirements mandating the Energy Efficiency Design Index (EEDI), for new ships, and the Ship Energy Efficiency Management Plan (SEEMP) for all ships. The Committee proceeded to the uniform interpretation of a number of phrases as well as to the approval of interim guidelines embedded in Regulations of MARPOL Annex VI which addresses different issues related to the Energy Efficiency Design Index (EEDI) and the Ship Energy Efficiency Management Plan (SEEMP). In addition, MEPC established an Intersessional Correspondence Group on Energy-Efficiency Measures for Ships with a view to further developing and improving a series of technical guidelines (i.e ways to secure safe manoeuvring of ships, treatment of innovative energy-efficiency technologies). In parallel, in an effort to promote the technical cooperation and transfer of technology in developing States, the Committee agreed to finalize and adopt at its 65th session in May 2013 a draft resolution on Promotion of Technical Co-operation and Transfer of Technology for the implementation of mandatory energy-efficiency measures, based on a draft text already developed by a relevant Working Group.

MEPC also agreed to update the existing greenhouse gas (GHG) emissions inventory in view of the financial crisis experienced globally since 2008. The updated GHG inventory, which will be built on the methods applied in the Second IMO GHG Study 2009, would include current global emissions of GHGs and relevant substances emitted from ships of 100 GT and above, engaged in international transport. The Committee also considered new ideas regarding the proposed market-based measures (MBMs) to reduce greenhouse gas (GHG) emissions, which are to complement the energy-efficiency technical and operational measures. Detailed and comprehensive discussions on the issue will take place at the next MEPC 65.

MEPC, following approval, in principle, at the previous session, designated the Saba Bank, in the north-eastern Caribbean area of the Kingdom of the Netherlands as its thirteenth Particularly Sensitive Sea Area (PSSA). This protective measure for the area of Saba Bank comes to complement a set of associated protective measures already approved by the Sub Committee on Safety of Navigation (NAV), at its meeting in July 2012, namely, the establishment of a new mandatory ‘no anchoring’ area for all ships and a new ‘area to be avoided’ (for ships of 300 gross tonnage or over) in this new designated PSSA area.

As regards the ballast water management system, the Committee considered in detail the reports prepared by the Joint Group of Experts on the Scientific Aspects of Marine Environment Protection (GESAMP) and Ballast Water Working Group (held during 2012), and granted basic approval to five, and final approval to three, ballast water management systems that make use of Active Substances. MEPC noted that it has already approved 28 ballast water management systems and invited Member States which have not yet done so, to ratify the International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM), 2004 at their earliest convenience so that its entry into force will be achieved. To date, 36 States, with an aggregate merchant shipping tonnage of 29.07 per cent of the world total, have ratified the Convention. The Convention will come into force twelve months after the date on which not fewer than 30 States, the combined merchant fleets of which constitute not less than 35 per cent of the gross tonnage of the world’s merchant shipping, have become Parties to it. The Committee also considered a number of issues relating to implementation of the BWM Convention.

MEPC also endorsed the 2012 Guidelines for the survey and certification of ships under the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, adopted in May 2009, and the 2012 Guidelines for the inspection of ships under the same Convention. These two sets of guidelines, together with the four sets of other guidelines previously adopted, complete the development of all guidelines referred to in the text of the Hong Kong Convention. These guidelines can now assist ship-recycling facilities and shipping companies to commence introducing voluntary improvements to meet the requirements set forth in the Hong Kong Convention. Finally, the Committee called on Member States to ratify the Hong Kong Convention at the earliest opportunity. It is to be noted that the Hong Kong Convention will enter into force 24 months after being ratified by 15 States, representing 40 per cent of world merchant shipping by gross tonnage, and combined maximum annual ship-recycling volume not less than 3 per cent of their combined tonnage.

Source: IMO
For further Information:
http://www.imo.org/MediaCentre/MeetingSummaries/MEPC/Pages/MEPC-64th-session.aspx

IMO Supports the Promotion of Sustainable Maritime Development at Rio +20

Tue, 17 Jul 2012 00:00:00 GMT

In the context of the United Nations Conference on Sustainable Development (UNCSD, or Rio+20), held from 20 to 22 June in Rio de Janeiro, Brazil, the International Maritime Organization (IMO) organized a side event, entitled "Sustainable Maritime Development - Contribution of Maritime Transport to Green Growth and Inclusive Development". IMO’s side event brought together a wide range of stakeholders representing different sectors of the whole shipping community and industry, including the International Chamber of Shipping (ICS), the International Transport Workers’ Federation (ITF), the International Association of Ports and Harbours (IAPH), the International Association of Classification Societies, the Intergovernmental Oceanographic Commission (IOC), the World Maritime University (WMU) and the United Nations Development Programme (UNDP).

The ultimate objective of IMO’s side event was twofold: (i) to highlight how international shipping and maritime activities contribute meaningfully to the three components of sustainable development, and (ii) to set out IMO’s vision of a framework for sustainable maritime development.

During the panel discussion on IMO’s side event, all participants attached weight to the strategic importance of shipping for sustainable development and green growth. It was highlighted that shipping is an essential component of any programme which aims to promote sustainable development. It generates wealth, jobs and economic activity in a great deal of maritime related sectors, serves the needs of global population and creates prosperity among nations and people. For instance, shipping and ancillary activities such as shipbuilding, ship recycling, ship manufacturing and port development create employment opportunities for many. Moreover, it was mentioned that international shipping contributes significantly to the eradication of poverty and the structural transformation of developing and emerging economies through the development of maritime trade and the transportation of substantial goods (i.e raw materials, foodstuff, and fuel). In parallel, it was stressed that shipping community has paid considerable attention to the environmental pillar of sustainable development over the last decades. IMO has adopted a wide range of regulatory measures aimed at preventing, reducing and controlling vessel source pollution. Thanks to such measures, shipping has become the most environmentally sound and energy efficient means of transport.

In his keynote speech, IMO Secretary-General Koji Sekimizu pointed out that "the promotion of sustainable shipping and sustainable maritime development would be one of the key priorities of IMO in the coming years". He also paid heed to the fact that "through its technical co-operation activities, IMO helps build capacity to enable developing countries to participate fully in maritime activities".

The majority of the speakers reiterated for one more time that sustainable maritime development depends upon a secure, safe, efficient and environmentally friendly shipping industry which functions in the context of a coherent and comprehensive international institutional framework. Specifically, it was pointed out that the regulatory regime developed by IMO, enhanced by important technical guidelines and recommendations, forms the foundation for the development of a comprehensive institutional framework capable of promoting and enhancing sustainable maritime development. All shipping nations should strive to enhance and implement IMO regularity regime and its specified measures which cover all aspects of international shipping, including ship construction, design, equipment, operation and disposal. The international community should ensure that shipping which is an invaluable resource for sustainable development will continue to remain environmentally sound, energy efficient, safe and secure. In addition, an institutional framework for sustainable maritime development should be strengthened and refined with policies and actions which aim at supporting and improving the invaluable services provided by shipping sectors. Efficient and innovative technology along with maritime training and education should lie at the core of sustainable maritime development process.

In an effort to highlight the important role played by IMO towards the establishment of a comprehensive institutional framework for sustainable maritime development, IMO Secretary-General Koji Sekimizu stressed that "the development and implementation, through IMO, of global standards covering maritime safety, environmental protection, maritime security and the facilitation of maritime traffic, will underpin green and sustainable shipping and confirm IMO’s ability to provide the appropriate institutional framework for sustainable maritime development".

Source: IMO, UNCSD Rio+20
For further information:
http://www.imo.org/MediaCentre/PressBriefings/Pages/24-rio-sidevent.aspx
http://www.uncsd2012.org/index.php?page=view&type=6&nr=57&menu=53&template=375

IMO Adopts Guidelines to Promote Uniform Implementation of Energy Efficient Regulations for International Shipping

Mon, 12 Mar 2012 00:00:00 GMT

In the context of the 63rd session of its Marine Environment Protection Committee (MEPC), held from 27 February to 2 March 2012, IMO proceeded to the adoption of an important series of substantial guidelines intended to boost the implementation of a set of mandatory technical and operational measures by Member States in a uniform manner. The cardinal objective of these measures is to enhance energy efficiency and curb greenhouse gas emissions (GHGs) from international shipping.

In particular, MEPC endorsed four types of guidelines aimed at assisting the administrations and the shipping industry in implementing the amendments to MARPOL Annex VI Regulations for the Prevention of Air Pollution from Ships, adopted in July 2011. These amendments incorporated a new chapter 4 on Regulations on Energy Efficiency for Ships to make mandatory the Energy Efficiency Design Index (EEDI) for new ships, and the Ship Energy Efficiency Management Plan (SEEMP) for all ships. The mandatory Regulations on Energy Efficiency for Ships in MARPOL Annex VI are expected to come into force through the tacit acceptance procedure on 1 January 2013.

The adopted guidelines include:

2012 Guidelines on the method of calculation of the attained Energy Efficiency Design Index (EEDI) for new ships;
2012 Guidelines on survey and certification of the Energy Efficiency Design Index (EEDI);
Guidelines for calculation of reference lines for use with the Energy Efficiency Design Index (EEDI); and
2012 Guidelines for the development of a Ship Energy Efficiency Management Plan (SEEMP)

MEPC also decided to set up a revised work plan for the elaboration and development of further guidelines on the same issue and to establish energy efficiency frameworks for those ships not covered by the current EEDI Regulations. In addition, the Committee drafted a Resolution on the promotion of technical co-operation and transfer of technology relating to the improvement of energy efficiency of ships. The draft will be further discussed at the 64th session of MEPC scheduled for October 2012.

In addition, MEPC considered a number of other equally important issues. In particular, the Committee held an in-depth discussion on market-based measures (MBMs) for greenhouse gas emissions from international shipping. The proposed MBMs measures include the introduction of a levy to all greenhouse gas emissions from shipping industry or only to those ships which do not comply with the EEDI requirements, and the establishment of emission trading schemes and schemes based on ships efficiency performance according to both their operation (SEEMP) and design (EEDI). MEPC also elaborated the idea of conducting an impact assessment of the proposed MBMs measures and discussed the relevant methodological tools and criteria. The consultation on MBMs is to be continued at the next session of MEPC to be held in October 2012.

MEPC also adopted amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL) referring to regional arrangements for port reception facilities. These amendments will help small island developing States comply with a set of requirements for port States to provide reception facilities for ship wastes through regional arrangements. The amendments are expected to enter into force on 1 August 2013. Additionally, the Committee elaborated and adopted guidelines to enable shipping companies and ship-recycling facilities to meet the requirements set forth in the 2009 Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships. Besides, MEPC adopted guidelines related to the revised MARPOL Annex V Regulations for the Prevention of Pollution by Garbage from Ships. Finally, the Committee gave its green light to a number of ballast water management systems (a “basic” and a “final” approval in accordance with the Procedure for approval of ballast water management systems - G9), following the recommendations made by the Joint Group of Experts on the Scientific Aspects of Marine Environment Protection (GESAMP) Ballast Water Working Group.

Source: International Maritime Organization (IMO)
For further information:
http://www.imo.org
http://www.imo.org/MediaCentre/PressBriefings/Pages/09MEPC63ENDS.aspx

The Mediterranean Coastal States Proceed Towards the Adoption of Voluntary Interim Ballast Water Management Arrangements

Thu, 09 Feb 2012 00:00:00 GMT

On 14 February 2004, the International Maritime Organization adopted the International Convention for the Control and Management of Ships’ Ballast Waters and Sediments (BWM Convention) with a view to addressing the devastating direct and indirect effects caused by the transfer in ships’ ballast waters of aquatic invasive species and organisms to the marine environment, human health, property and resources. The BWM Convention was followed by a comprehensive Programme, approved by the Marine Environment Protection Committee (MEPC) at its fifty-first session in April 2004 and expanded at its fifty-third session in July 2005, which sets out an array of guidelines aimed at promoting and facilitating the uniform and swift implementation of the Convention at global and regional level. In parallel, in the context of its development and evolution process, the international ships’ ballast water regime was enhanced by the establishment of a ballast water management system, incorporating specified standards which help IMO Member States comply with the provisions of the BWM Convention (the ballast water exchange standard and the ballast water performance standard).

The BWM Convention has not yet entered into force. It will come into force 12 months after ratification by 30 States, representing not less than 35 per cent of world merchant shipping tonnage. As of December 2011, 32 States have ratified the BWM Convention, representing 26,46% of the gross tonnage of the world merchant shipping.

Pending the entry into force of the BWM Convention, the Mediterranean countries adopted voluntary interim ballast water management measures in an effort to reduce and control the invasion in their region of aquatic species and organisms through shipping. The so called Harmonized Voluntary Arrangements for Ballast Water Management in the Mediterranean Region (IMO BWM.2/Circ 35), provides guidance for ballast water exchange and management options to vessels sailing in the Mediterranean. In particular, within the framework of these arrangements, ships transiting the Mediterranean Sea area should exchange their ballast waters in line with the requirements set forth in the respective regulation of the BWM Convention (Regulation/Standard D-1). These measures, which are applicable as from 1 January 2012, are to be followed on a voluntary and interim basis. They will be in force until the date that the BWM Convention will come into force.

In accordance with the main adopted voluntary and interim measures in the Mediterranean Sea area:

- Every vessel calling at a port within the Mediterranean Sea area is required to have on board a Ballast Water Management Plan (Plan) complying with the requirements of the "Guidelines for Ballast Water Management and Development of Ballast water Management Plans” (IMO Resolution MEPC.127(53)) and to keep a record of all ballast water operations carried out. The Plan shall be specific to each ship and shall provide detailed procedures and descriptions of all the actions to be taken in order to implement the BWM practices required by the Convention. The Plan should also identify the officer in charge of ballast water;
- Sediments collected during cleaning or repair of ballast tanks should be delivered to appropriate reception facilities in ports and terminals, or be discharged more than 200 nautical miles from the nearest land when the ship is sailing in the Mediterranean Sea area;
- Ballast water exchange is to be done on the basis of specific procedures regarding the place where the ballast water exchange will be undertaken, its trade and its operation.

Source: International Maritime Organization (IMO), Safety4Sea Alerts Services
For further information:
http://www.imo.org/blast/blastDataHelper.asp?data_id=30781&filename=35.pdf
http://www.safety4sea.com/page/9073/63/mediterranean-countries-agree-on-voluntary-interim-ballast-water-management-regu

IMO Secretary-General Calls Upon States to Urgently Bring the 2010 HNS Protocol Into Force

Mon, 21 Nov 2011 00:00:00 GMT

Following the end of the signature period of the 2010 Protocol to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (2010 HNS Protocol), IMO Secretary-General Efthimios E. Mitropoulos called upon States to place a high priority on working towards the prompt ratification of the Protocol.

In an effort to highlight the importance of the Protocol’s ratification, IMO Secretary-General pointed out: "I would urge all IMO Member States to now move forward with bringing the Protocol into force at the earliest possible date and, thereafter, to promoting the uniform and effective implementation of the HNS international regime.. The 2010 HNS Convention establishes a comprehensive regime that will cover not only pollution damage from hazardous and noxious substances carried by ships, but also the risks of fire and explosion, including loss of life or personal injury as well as loss of or damage to property".

The 2010 HNS Protocol which was adopted on 30 April 2010 was open for signature from 1 November 2010 to 31 October 2011. After being signed by eight countries, subject to ratification or acceptance, the Protocol remains now open for accession. To be noted that Denmark was the first to sign the treaty, subject to ratification, on 14 April 2011, following by Canada, France, Germany, the Netherlands, Norway and Turkey which signed the treaty, subject to ratification (or in the case of the Netherlands, subject to acceptance), on 25 October. The Protocol was also signed by Greece, subject to ratification, on 31 October.

The 2010 HNS Protocol is foreseen to come into force eighteen months after the date on which the following conditions are met:

(a) at least twelve States, including four States each with not less than 2 million units of gross tonnage, have expressed their consent to be bound by it; and

(b) the Secretary-General has received information in accordance with article 20, paragraphs 4 and 6, that those persons in such States who would be liable to contribute pursuant to article 18, paragraphs 1(a) and (c), of the Convention, as amended by this Protocol, have received during the preceding calendar year a total quantity of at least 40 million tonnes of cargo contributing to the general account.

The HNS Protocol was adopted in April 2010 with the purpose of dealing with some outstanding practical issues (i.e. responsibility for payment, heavy reporting burden) perceived to have prevented a number of States from ratifying the original 1996 HNS Convention, which has still not entered into force. The original 1996 Convention together with the 2010 Protocol constitute the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010 (2010 HNS Convention).

The 2010 HNS Convention regulates compensation for damage caused by the carriage by sea of hazardous and noxious substances (HNS). As a whole, the HSN regime provides a coherent and comprehensive regime providing an adequate, prompt and effective compensation for loss or damage to persons, property and the environment arising from the carriage of HNS by sea. The Convention covers both pollution damage and damage caused by other risks such as fire and explosion.

In accordance with the 2010 HNS Convention, HNS are defined by reference to lists of substances included in various IMO Conventions and Codes. These include oils; other liquid substances defined as noxious or dangerous; liquefied gases; liquid substances with a flashpoint not exceeding 60°C; dangerous, hazardous and harmful materials and substances carried in packaged form; and solid bulk materials defined as possessing chemical hazards. The Convention also covers residues left by the previous carriage of HNS, other than those carried in packaged form.

Besides, in line with the Convention, damage includes loss of life or personal injury; loss of or damage to property outside the ship; loss or damage by contamination of the environment; the costs of preventative measures and further loss or damage caused by them.

Finally, it is of paramount importance to be mentioned that, the 2010 HNS Convention establishes a two-tier compensation system (liability of shipowner, and compensation paid by the HNS Fund) and lays down a number of provisions setting specific compensation and liability thresholds, along with a system of compulsory insurance and insurance certificates. In particular, if damage is caused by bulk HNS, compensation would first be sought from the shipowner (, up to a maximum limit of 100 million Special Drawing Rights (SDR) (around US$150 million). In the case that damage is caused by packaged HNS, or by both bulk HNS and packaged HNS, the maximum liability for the shipowner is 115 million SDR (US$172.5 million). Once this limit is reached, compensation would be paid from the second tier, the HNS Fund, up to a maximum of 250 million SDR (US$375 million) (including compensation paid under the first tier).The Fund will have an Assembly, consisting of all States Parties to the Convention and Protocol, a Director and a Secretariat mirroring the organization and functions of the International Oil Pollution Compensation Funds (IOPC Funds).

Source: International Maritime Organization (IMO)
For more information:
http://www.imo.org/MediaCentre/PressBriefings/Pages/53-hns-2010.aspx

Important Decisions Reached at the 62nd Session of the Marine Environment Protection Committee (MEPC) of the IMO

Mon, 25 Jul 2011 00:00:00 GMT

The 62st session of the Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO) was held from 11 to 15 July 2011, at the IMO Headquarters in London. It was convened to discuss, elaborate and adopt a multitude of measures, including mainly: (i) mandatory technical and operational measures to reduce emissions of greenhouse gases (GHGs) from international shipping, thus establishing the first ever mandatory global greenhouse gas reduction regime for an international industry sector; (ii) amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL) to designate the United States Caribbean Sea as a new emission control area (ECA) and the Baltic Sea as a Special Area with respect to pollution by sewage from ships; and (iii) a revised Annex V related to the control of garbage.

As to the mandatory measures to reduce emissions of greenhouse gases (GHGs) from international shipping, and especially the energy efficiency measures, the MEPC adopted amendments to MARPOL Annex VI Regulations for the prevention of air pollution from ships, adding a new chapter 4 on Regulations on energy efficiency for ships to make mandatory the Energy Efficiency Design Index (EEDI), for new ships, and the Ship Energy Efficiency Management Plan (SEEMP) for all ships. Other amendments to Annex VI incorporated new definitions and the requirements for survey and certification, including the format for the International Energy Efficiency Certificate. The regulations apply, subject to some exceptions, to all ships of 400 gross tonnage and above and are expected to enter into force on 1 January 2013. The new chapter 4 also includes measures relating to promotion of inter-state administrative and technical co-operation, and technology transfer on the improvement of energy efficiency of ships. The MEPC also agreed a work plan to continue the further elaboration and improvement of technical and operational energy efficiency measures for ships, including the terms of reference for an intersessional working group scheduled to meet in February/March 2012.

Furthermore, the MEPC proceeded to the adoption of amendments to MARPOL Annex VI Regulations for the prevention of air pollution from ships regarding the designation of new emission control areas (ECA). In particular, certain waters adjacent to the coasts of Puerto Rico (United States) and the Virgin Islands (United States) were designated as an ECA for the control of emissions of nitrogen oxides (NOX), sulphur oxides (SOX), and particulate matter under MARPOL Annex VI. The above-mentioned MARPOL amendments are expected to enter into force on 1 January 2013, with the new ECA taking effect 12 months later. To be noted that currently the Baltic Sea area and the North Sea area stand as the two designated ECAs being in force under Annex VI, with the third, the North American ECA, entering into force in August 2011 and taking effect in August 2012.

In addition, the MEPC adopted amendments to MARPOL Annex IV Prevention of pollution by sewage from ships to include the possibility of establishing “Special Areas” for the prevention of such pollution from passenger ships and to designate the Baltic Sea as a Special Area under this Annex. The amendments are expected to enter into force on 1 January 2013.

Besides, the MEPC adopted the revised MARPOL Annex V Regulations for the prevention of pollution by garbage from ships, developed within the context a comprehensive review to bring the Annex up to date. The main revisions concern updated definitions and new discharge and management of garbage requirements. The amendments are expected to enter into force on 1 January 2013.

The MEPC also designated the Strait of Bonifacio as a Particularly Sensitive Sea Area (PSSA), adopted the first set of international recommendations and guidelines to address biofouling of ships to minimize the transfer of aquatic species, and agreed on a work plan addressing the impact on the Arctic of Black Carbon emissions from ships and instructing the Sub-Committee on Bulk Liquids and Gases (BLG) to further analyse the issue. Additionally, the MEPC approved a number of ballast water management systems elaborated on the basis of the recommendations made by the Joint Group of Experts on the Scientific Aspects of Marine Environment Protection (GESAMP) Ballast Water Working Group, which met in December 2010, February/March and May 2011. Finally, the MEPC adopted a series of guidelines related to the implementation of both the ballast water management and the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, adopted in May 2009.

Source: International Maritime Organisation (IMO)
For further information:
http://www.imo.org/MediaCentre/MeetingSummaries/MEPC/Pages/MEPC-62nd-session.aspx

LONDON DUMPING CONVENTION: Assessment Framework for Scientific Research Involving Ocean Fertilization Agreed

Mon, 08 Nov 2010 00:00:00 GMT

The Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Convention) and to the 1996 Protocol thereto (London Protocol) met at the Headquarters of the International Maritime Organization (IMO), in London, from 11 to 15 October 2010.

An Assessment Framework for Ocean Fertilization was adopted by the participants. Its purpose is to assess whether proposals for ocean fertilization constitute legitimate scientific research and it was developed by the Scientific Groups under the London Convention and Protocol.

The action of ocean fertilization constitutes the deliberate increase of planktonic production in the open sea. It can be achieved either by directly adding nutrients, or by increasing nutrient supply from deep water.

The aforementioned Assessment Framework is the outcome of a work developed under the provisions of Resolution LC-LP.1 (2008) on the Regulation of Ocean Fertilization, which was adopted during the thirtieth consultative meeting of the Contracting Parties to the London Convention and the third meeting of the Contracting Parties to the London Protocol, on 31 October 2008. The Resolution stated that, given the present state of knowledge, ocean fertilization activities other than legitimate scientific research should not be allowed.

The Assessment Framework prescribes, firstly, criteria for an initial assessment of a proposal and, secondly, detailed steps for completion of an environmental assessment, including risk management and monitoring. It is very important that its provisions include every experiment, regardless its size or scale. Therefore, there is no threshold under which exceptions are permitted, although it is acknowledged that information requirements will vary according to the nature of each experiment.

The adoption of the Assessment Framework is a decisive step in regulating ocean fertilization. An ocean fertilization experiment ( LOHAFEX ) was conducted in the Southern Ocean in early 2009, by a German research vessel together with a team of scientists from India. Global interest in precautionary regulation of this technology has also been demonstrated by statements and decisions made by various international bodies, such as the UN Gerenal Assembly (through Resolution 62/215 on "Oceans and the Law of the Sea," adopted on 22 December 2007 ) as well as the Parties to the Convention on Biological Diversity (through decision IX/16, on 30 May 2008).

An international meeting of a working group on the regulation of ocean fertilization has already been scheduled for June 2011 in Montreal, Canada. The purpose of this meeting is to elaborate the governance of ocean fertilization activities and other activities that fall within the scope of the London Convention and Protocol and could potentially harm the marine environment, by providing, within this framework, their global, transparent and effective control and regulatory mechanism.

Source: LONDON DUMPING CONVENTION
For further information:
http://www.londonconvention.org/
http://www.imo.org/MediaCentre/PressBriefings/Pages/Assessment-Framework-for-scientific-research-involving-ocean-fertilization-agreed.aspx

The 61st Session of the Marine Environment Protection Committee (MEPC) of the International Maritime Organization

Fri, 22 Oct 2010 00:00:00 GMT

The 61st session of the Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO), held from 27 September - 1 October 2010, in London, was convened to discuss and address a wide range of issues, including (i) measures aimed at addressing greenhouse gas (GHG) emissions from new ships (ii) revisions to the International Convention for the Prevention of Pollution from ships (MARPOL 73/78) and (iii) the implementation of the ballast water and ship recycling conventions.

On the GHG emissions from new ships, the discussion was revolved around the progress needed to be made on the two main categories of mitigating measures: (i) operational and technical measures and (ii) marked-based measures (MBM). The Committee noted that some States parties to MARPOL Annex VI (Regulations for the Prevention of Air Pollution from Ships) expressed the view that the technical and operational measures for new ships [Energy Efficiency Design Index (EEDI) and the Ship Energy Efficiency Management Plan (SEEMP)] should be introduced to the IMO's regulatory regime by means of amendments to that Annex (to date those measures are to be used on a voluntary basis). The circulation of this kind of proposed amendments was not, however, welcomed by some other States. Furthermore, on the basis of a comprehensive report submitted by an Expert Group comprising a study and an impact assessment of a number of marked-based measures (i.e. several variants of ETS, levying/fund), the Committee held a detailed and in-depth discussion on how to achieve the further development of marked-based instruments. Little progress was made on this issue. However, the Committee agreed on the terms of reference for a forthcoming intersessional meeting of the Working Group on GHG emissions which will take place in March 2011. The primary objective of the intersessional group will be to deliver an opinion on the market-based measures proposed by the Expert Group and to explore the possibility of using them as a key instrument to reduce greenhouse gas (GHG) emissions from international shipping.

The progress achieved on the GHG emissions from new ships is to be further considered at the Committee’s next session in July 2011.

In other MARPOL developments, the participants adopted by consensus the revised MARPOL Annex III (Regulations for the Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form) which is expected to enter into force on 1 January 2014. The Committee also approved, with a view to adoption at its next session, amendments to revise and update MARPOL Annex V (Regulations for the Prevention of Pollution by Garbage from Ships). On the issue of ships’ ballast waters, following the analysis made in reports submitted by Expert Groups [Joint Group of Experts on the Scientific Aspects of Marine Environment Protection (GESAMP) Ballast Water Working Group] the Committee granted its Final Approval to six ballast waters management systems using active substances (i.e. biocides/pesticides), and its Basic Approval to other three such systems. As to the issue of ship recycling, the MEPC agreed to re-establish the intersessional Correspondence Group on Ship Recycling, to further develop and elaborate a series of Guidelines aimed at assisting ships recycling facilities to start introducing voluntary improvements to meet the objectives and requirement of the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships adopted in May 2009. These draft Guidelines include the Guidelines for Safe and Environmentally Sound Ship Recycling, the Guidelines for the Development of the Ship Recycling Plan and the Guidelines for the Authorization of Ship Recycling Facilities. The MEPC also encouraged governments to ratify the Hong Kong Convention and to review the programme for technical assistance intended to support its early implementation.

Source: International Maritime Organisation (IMO)
For further information:
http://www.imo.org/

5TH Global Conference on Oceans, Coasts and Islands

Fri, 25 Jun 2010 00:00:00 GMT

The Global Forum on Oceans, Coasts, and Islands (GFOCI), which serves as a platform for cross-sectoral cooperation and information sharing on issues affecting oceans, coasts and islands (WSSD), organised in Paris from 3-7 May 2010 the Fifth Global Conference on Oceans, Coasts, and Islands - part of a series of Conferences which aim at assessing the implementation of key sustainable development goals and target set out at the 2002 World Summit of Sustainable Development and other relevant fora. The meeting, which took place at UNESCO headquarters, was co-hosted by the UN Educational, Scientific and Cultural Organization (UNESCO), the Intergovernmental Oceanographic Commission (IOC), and the Government of France. It brought together over 850 participants from governments, nongovernmental organisation, international agencies, industry, scientific communities, and academia.

The Fifth Global Conference sought to identify and address emerging challenges and opportunities related to global governance and management of oceans and coastal areas, to foster the sharing of information and dialogue on issues with a bearing on the oceans, coasts and islands and to consider advances made in achieving sustainable development in these areas. The Conference was revolved around three thematic areas each of which explored in specific panels:
(i) Climate change and oceans
The international community should launch a comprehensive ocean and climate initiative, within and outside the UNFCCC negotiation process, focusing on mitigation strategies, adaptation measures, capacity development and public awareness. Within this framework, the ecosystem-based ocean and coastal management can play a vital role in mitigating the negative impacts of global warning and building ecosystem and community reliance to long-standing and devastating consequences of climate change (i.e. ocean warming, acidification, sea-level rise).
(ii) Marine Biodiversity loss
The development of ecosystem-based management at the appropriate scale and the establishment of Marine Protected Areas (MPA) should be further supported, promoted and implemented. The interactions between scientific community, policy-makers and local communities need to be enhanced through specific mechanisms and structures. To pursue the above-mentioned objectives, it is recommended, in the context of the 2010 International Year of Biodiversity, that: within the Convention on Biological Diversity process, a Nagoya Oceans Mandate should be developed to provide for the renewal of the Jakarta mandate of marine and coastal biodiversity; the establishment of the Intergovernmental Platform for Biodiversity and Ecosystem Services (IPBES) should be promoted.
(iii) Improving Governance
The international community should develop adequate and nested integrated ocean governance strategies at different scales (from local to global) aimed at promoting and enhancing the implementation of Ecosystem-based Ocean and Coastal Management at Local, National, and Regional Levels, and in Areas Beyond National Jurisdiction. These strategies need to be reinforced with common tools, principles and techniques, monitoring and assessments reports of the state of the marine environment, knowledge, financial mechanisms, and evaluation for use by decision-makers.

Source: GFOCI
For further information:
http://www.globaloceans.org/