imo’s instruments relevant instruments: marpol annex v, the...

Clean Nordic Ocean –Final Conference:

IMO’s instruments relevant instruments: MARPOL Annex V, the London Convention/Protocol, IMO Action plan to address marine plastic litter from ships

22 November 2019

Gothenburg

Sweden

Loukas KontogiannisMarine Environment Division

2MARINE ENVIRONMENT DIVISION

Content

• IMO’s mission and structure

• IMO’s relevant instruments:

o MARPOL Convention and its Annex V

o London Convention and Protocol

• Action Plan and other relevant initiatives

• IMO’s technical assistance programmes


IMO’s mission, structure and decision-making process


The International Maritime Organization (IMO)

Shipping is an international activity that needs to be governed by

common international standards and not by conflicting/varying

individual national standards

1948 IMO Convention - Article 1a

The aim of the IMO is to:

• provide a framework for cooperation amongGovernments in the field of regulation and practicesrelating to technical matters of all kinds affectingshipping engaged in international trade; and

• encourage and facilitate the general adoption of thehighest practicable standards in mattersconcerning the:

o maritime safety,

o efficiency of navigation and

o prevention and control of marine pollutionfrom ships


The International Maritime Organization (IMO)

IMO

Established in 1948

In 2019: 174 Member States &

3 associated members, 81 consultative

NGOs and 64 IGOs

Specialized agency of the United

Nations allowing for close cooperation

within the UN-family

+/- 300 staff of over 50 nationalities

5 regional offices, incl. 3 in Africa (Côte

d’Ivoire, Ghana, Kenya)

IMO’s mission is to ensure safe, secure,

clean, efficient and sustainable shipping

on cleaner oceans


IMO legislative map – main instruments

IMO Instruments

Pollution Response

Oil Pollution Preparedness, Response and

Cooperation (OPRC) Convention and

OPRC-HNS Protocol

Pollution Control

MARPOL Conv, London

Conv/Protocol, Ballast Water

Management Conv, Anti Fouling

Systems (AFS), Hong Kong

Convention on Ship Recycling

Safety

SOLAS

COLREG

STCW

LL

SAR

Compensation

Civil Liability (and the associated

IOPC Fund Conventions)

Universal Conventions

Vienna, Montreal,

Stockholm, UNFCC, etc.

UNCLOS

Regional Agreements Regional LawsNATIONAL

LEGISLATION


The MARPOL Convention and its Annex V


Sources of (operational) pollution from ships

Exhaust Gases (SOx, NOx,

GHG, etc.) from

- main and auxiliary engines

- boilers

- incineratorsEmissions of

Freon/Halon gases

Evaporation from

cargo (VOCs)

Sewage &

Garbage,

incl. plastic

Oil spills

Loss of cargo

Loss by accidents –

ship cargoes & lifeBilge-water

disposal/ tank

washing

Emissions from

paint solutions

Ballast water

discharge

© Damen shipyards


International Convention for the Prevention of Pollution from Ships

(MARPOL)

MARPOL regulates all operational waste streams from ships

Source: Marinelog

Sewage

MARPOL

Annex IV

Source: KKC.com

Source: Interpol

Oily wastes

MARPOL

Annex I


Source: apwc.com.au

International Convention for the Prevention of Pollution

from Ships (MARPOL)

Air emissions

MARPOL

Annex VI

Source: MFAME

Garbage

MARPOL

Annex V

Source: GCaptain

Source: supremefreight.com

https://apwc.com.au/


International Convention for the Prevention of Pollution

from Ships (MARPOL)

• MARPOL Convention = main international convention covering prevention of

operational or accidental pollution of the marine environment by ships

Annexes

I & II

Annex

III

Annex

IV

Annex

V

Annex

VI

Oil and

Noxious Liquid

Substances

Harmful

Substances

Carried at Sea in

Packaged Form

Sewage from

Ships

Garbage from

Ships

Air Pollution

from Ships

In Force In Force In Force

In force since

31 December

1988In Force

158 Parties 148 Parties 143 Parties 153 Parties 95 Parties

99% of World

Tonnage

98% of World

Tonnage

96% of World

Tonnage

99% of World

Tonnage

97% of World

Tonnage


MARPOL Annex V

MARPOL Annex V: Prevention of Pollution by Garbage

from Ships

• Prohibits the discharge of all types of garbage from ships

into the sea except in cases explicitly permitted

• Unless, expressly provided otherwise, Annex V applies to

all ships

• Garbage includes all kinds of food, domestic and

operational waste, all plastics, cargo residues, incinerator

ashes, cooking oil, fishing gear, and animal carcasses

generated during the normal operation of the ship

(‘operational discharges’)

• Contains a complete ban imposed on the disposal into

the sea of all forms of plastics


MARPOL Annex V – discharge requirements

Discharge requirements


Implementation and enforcement of MARPOL (Annex V):

who is responsible for what?

Flag States

• Ensuring that ships flying the flag of that State are in

compliance with the MARPOL regulations (flag State control)

Port States

• Inspection of ships calling their ports (port State control),

and provide for sanctions in case of violations

• Putting in place adequate port reception facilities for the

delivery of ship generated waste

Coastal States

• Prohibit violations of MARPOL’s discharge requirements

(‘illegal discharges’), and establish sanctions for any violation

that occurs in the country’s territorial sea and Exclusive

Economic Zone

• Surveillance at sea to control illegal discharges

Credit: Francisco Blaha

Credit: FAO


MARPOL: relevant obligations

MARPOL Annex V: Regulation 10

• 10.1: Every ship of 12m or more in length overall and

fixed or floating platforms shall display placards which

notify the crew and passengers of the discharge

requirements

• 10.2: Every ship of 100 Gross Tonnage and above, and

every ship which is certified to carry 15 or more persons,

shall carry a garbage management plan

• 10.3: Every ship of 400 Gross Tonnage and above, and

every ship which is certified to carry 15 or more persons

(on an international voyage) shall be provided with a

Garbage Record Book



MARPOL Annex V: Regulation 10

• 10.6: The accidental loss or discharge of fishing gear […], which poses a

significant threat to the marine environment or navigation shall be reported to

the State whose flag the ship is entitled to fly, and where the loss or

discharge occurs within waters subject to the jurisdiction of a coastal State,

also to that coastal State


Port reception facilities for the delivery of ship generated

waste

Parties’ obligations

• Ensure the provision of reception facilities adequate to meet the needs of ships using

their ports and terminals (incl. fishing vessels)

• Government to require port authorities / terminal operators to provide waste reception

facilities

• Most ports need reception facilities for garbage (Annex V), and many for oily residues

• Fishing ports may need additional facilities to receive fishing gear

• Inspect and license port reception facilities, as appropriate


MEPC.1/Circ.834/Rev.1: Revised Consolidated Guidance for

port reception facility providers and users

http://www.imo.org/en/OurWork/Environment/PortReceptionFacilities/Documents/MEPC.1-Circ.834-Rev.1.pdf

http://www.imo.org/en/OurWork/Environment/PortReceptionFacilities/Documents/MEPC.1-Circ.834-Rev.1.pdf


Difficulties in implementation of MARPOL Annex V on

fishing vessels: possible solutions

Port State Control often does/can not inspect (domestic) fishing vessels

• IMO to encourage port State control MoU’s (e.g.Tokyo MoU) to develop PSC procedures

that include fishing vessels

• Promotion of the implementation of the FAO Agreement on Port State Measures to

Prevent, Deter and Eliminate Illegal, Unreported and Unregulated

Lack of awareness on-board

• Better application/translation of placards, garbage management plans and garbage

record-keeping on small vessels (currently not mandatory for ships under 100 GT)


Difficulties in implementation of MARPOL Annex V on

fishing vessels: possible solutions

Inadequate port reception facilities

• IMO Member State Audit Scheme (IMSAS)

recurrently finds problems with the provision of

adequate port reception facilities under MARPOL:

States to develop Corrective Action Plans

• Consider making the marking of fishing gear

with the IMO Ship Identification Number

mandatory (through MARPOL Annex V), in

cooperation with FAO

• Consider the development of best management

practices for incentives for fishing vessels to

retrieve derelict fishing gear and deliver it to

port reception facilities (‘fishing for litter’)


The London Convention and London Protocol


London Convention and London Protocol

Convention on the Prevention of Marine Pollution by

Dumping of Wastes and Other Matter (1972, London

Convention) and the 1996 Protocol

• One of the first global conventions aimed at protecting the

marine environment from human activities, in force since 1975

• Regulates dumping of waste, which originate from land or

dredging operations or any other source, from ships at sea

(generally does not cover ship-generated waste = MARPOL)

• Promotes the effective control of the dumping of wastes at sea,

including by putting in place a permitting system

• 1996 London Protocol modernized the Convention, notably by

further restricting the uncontrolled dumping of waste at sea

• Under the Protocol, which entered in force in March 2006, all

dumping is prohibited, except for possibly acceptable

wastes on the so-called "reverse list".


The London Convention and London Protocol


The London Protocol

Dumping is generally prohibited, but the following 8 wastes types may be

considered (not including plastics) for dumping at sea following an assessment and

licensing process:

1) Dredged material - some 1000 permits issued worldwide annually

2) Fish wastes - if not possible to recycle or dispose of fish waste from industrial fish

processing operations

3) Inert, inorganic geological material – such as rocks and gravel from excavations and

developments

4) Specific bulky items - specifically intended for small islands which may lack space on

land for disposal for large concrete or steel materials

5) Sewage sludge - residual material generated through sewage treatment.

6) Vessels and platforms or other manmade structures at sea - old vessels may also

be placed in the marine environment as artificial reefs.

7) Organic material of natural origin - for example topsoil or agricultural wastes

8) Carbon dioxide (CO2) streams from carbon dioxide capture processes

Work on-going on identifying nature and extent of plastics in the above waste

streams


IMO Action Plan on Marine Plastic Litter

IMO plays a key role in tackling the ocean plastic challenge:

• To further enhance its commitment to reducing marine plastic litter from ships, IMO

adopted in October 2018 the IMO Action Plan to address marine plastic litter

from ships (Resolution MEPC.310(73))

Source: seatrade-cruise.com


Resolution MEPC.310(73) – Action plan to address marine

plastic litter from ships

Action plan aims to enhance existing policy and regulatory frameworks and introduce

new supporting measures, such as

• a proposed study on marine plastic litter from ships;

• looking into the availability and adequacy of port reception facilities;

• consideration of making marking of fishing gear mandatory, in cooperation with

the Food and Agriculture Organization (FAO);

• promoting reporting the loss of fishing gear;

• facilitating the delivery of retrieved fishing gear to shore facilities;

• reviewing provisions related to the training of fishing vessel personnel and

familiarization of seafarers to ensure awareness of the impact of marine plastic

litter;

• enhancing public awareness; and

• strengthening international cooperation, in particular with FAO and UN

Environment.

http://www.imo.org/en/MediaCentre/PressBriefings/Pages/20-marinelitteractionmecp73.aspx

http://www.imo.org/en/MediaCentre/PressBriefings/Pages/20-marinelitteractionmecp73.aspx


Other relevant initiatives


GESAMP

Joint Group of Experts on Scientific Aspects of Marine

Environmental Protection

• established in 1969, provides advice to the UN-system on

the scientific aspects of marine environmental protection

• hosted at IMO, supported by 10 other UN agencies

GESAMP Working Group 40: Sources, fate and effects of

plastics and micro-plastics in the marine environment

• 2019 publication ‘Guidelines for the Monitoring and

Assessment of Plastic Litter in the Ocean’

New GESAMP Working Group on sea-based sources of

marine litter (WG 43) - co-led by FAO and IMO

• Better understand the relative contribution of various sea-

based sources; incl. ALDFG and other shipping related litter

• initiated its work in 2019: ALDFG hotspots + impacts of

ALDFG

http://www.gesamp.org/

http://www.gesamp.org/


Global partnership on marine litter (GPML)

Global partnership gathering international agencies,

Governments, NGOs, academia, private sector, civil society and

individuals: IMO is one of the partners in the GPML

The London Protocol Office issued two studies under the GPML:

• 2015: “Review of the current state of knowledge regarding

marine litter in wastes dumped at sea under the London

convention and Protocol”

o Also addressing lost and abandoned fishing gear (ghost nets)

o Behaviour and impact of plastics in the sea on marine life

• 2019 “End-of-life management of fibre reinforced plastic

vessels: Alternatives to at sea disposal

o Potential environmental impacts of decomposition following

disposal at sea

o Specific focus on island States

• http://www.imo.org/en/OurWork/Environment/LCLP/Pages/default.aspx

http://www.imo.org/en/OurWork/Environment/LCLP/Pages/default.aspx


IMO’s Technical Assistance Programme


IMO Integrated Technical Cooperation Programme (ITCP)

Designed to assist developing countries improve their ability to ratify and implement

IMO’s Conventions. In 2017 about 14M USD for technical assistance

Regional workshops on implementation of

MARPOL, incl. Annex V and port reception

facilities:

• Abidjan, Côte d’Ivoire (Nov. 2018)

• Mombasa, Kenya (Sep. 2019)



Regional Strategy for the implementation and effective application of the MARPOLConvention in West-Africa

Developed during a regional IMO workshop on MARPOL in Abidjan, Côte d’Ivoire in Nov. 2018 Document TC 69/8/1, submitted by Côte d’Ivoire



Areas covered by the Regional Strategy for the implementation and effective

application of the MARPOL Convention in West-Africa:

Legal and regulatory frameworko Transposition into domestic lawo Laws to punish breaches

Definition and assignment of responsibilities/cooperation and coordinationamong ministries and institutions

o Application of the MARPOL Convention to offshore activitieso Port reception facilitieso Policing illegal pollution

Capacitieso Resources required for the monitoring, observation,

detection and gathering of evidence of illegal pollutiono Port State Control

Communication of information to IMO

Regional cooperation

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