implementation and technical cooperation - traceca · 2016-02-29 · implementation and technical...

TRACECA Regional Seminar on MARPOL

Awareness and Implementation

Moldova – 21 to 23 July 2015

Masao YamasakiMarine Environment Division, IMO

Implementation

and Technical

Cooperation

2

Implementation and Technical Cooperation

1. Implementation and enforcement of

MARPOL Annex VI

2. Technical cooperation, technology transfer and

major projects related to MARPOL Annex VI Chapter 4

– Contents –

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1. Implementation and

enforcement of

MARPOL Annex VI

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Implementation and enforcement of MARPOL Annex VI

Legal basis for port State control

The United Nations Convention on the Law of the Sea, 1982 (UNCLOS)

establishes the general rights and obligations of the flag State.

Within the United Nations two specialized agencies deal with maritime

affairs, the International Maritime Organization (IMO) (www.imo.org)

and the International Labour Organization (ILO) (www.ilo.org), and they

have a responsibility for devising and developing conventions and

guidelines under which ships can be regulated.

In general, matters concerning safety at sea, pollution prevention and

the training of seafarers are dealt with by IMO, whereas the ILO deals

with matters concerning working and living conditions at sea. While IMO

and ILO set the international regulatory framework for ships, each

member State bears the responsibility for enforcing the international

conventions it has ratified on the ships flying its flag.

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IMO resolution A.1052(27)

IMO recognizes that efforts by PSC have greatly

contributed to enhance maritime safety and security and

prevention of marine pollution.

Adopted on 30 November 2011, Res. A.1052(27) invites

governments to implement these procedures for PSC.

Revokes A.787(19) and A.882(21).

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What is port State control (PSC)

It is an inspection of foreign ships in national ports by an

authorized inspector of the maritime Administration for the

purpose of verifying that:

The ship is in compliance with International Conventions like

SOLAS, LL (Load Lines), MARPOL, STCW (Standards of

Training, Certification and Watchkeeping), Tonnage, AFS (Anti-

Fouling Systems)

The ship is manned and operated in compliance with applicable

international laws

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PSC implementation

Role and responsibility of a port State derived from

International treaties

Conventions

National Laws

Powers to board and inspect a ship

Powers to detain and enforce detention

Powers to act on criminal laws

Bilateral / multilateral agreements

In exercising port State control, Parties should only apply

those provisions of the conventions which are in force

and which they have accepted.

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Inspection of ships of non-Parties

Ships of non-Parties or below convention size should be

given no more favourable treatment (MARPOL Art.5(4))

As ships of non-Parties are not provided with MARPOL

certificates the Port State Control Officer (PSCO), taking

into account the principles established in the relevant

Procedures, should be satisfied that the ship and crew do

not present an unreasonable threat of harm to the marine

environment.

If a ship has, for example, a declaration of conformity in

stead of a IAPP certificate the PSC may take into account

such documentation in the evaluation of the ship.

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Provisions for PSC

Regulation 10 of MARPOL Annex VI

The authorities of port States should make effective use

of these provisions for the purposes of identifying

deficiencies, if any, in such ships which may render them

substandard, and ensuring that remedial measures are

taken.

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Ships below convention size (400 GT)

MARPOL applies to all ships as defined in Article 2(4) which

reads as follows:

“Ship means a vessel of any type whatsoever operating in the

marine environment and includes hydrofoil boats, air-cushion

vehicles, submersibles, floating craft and fixed or floating platforms”

In the exercise of their functions, the PSCOs should be guided by

any certificates and other documents issued by or on behalf of the

flag State Administration. In such cases, the PSCOs should limit the

scope of inspection to the verification of compliance with those

certificates and documents

Domestic requirements, e.g. reg. 13.1.2.2 (NOX exemption)

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Clear grounds

Evidence that the ship, its equipment, or its crew does

not correspond substantially with the requirements of the

relevant conventions or that the master or crew members

are not familiar with essential shipboard procedures

relating to the safety of ships or the prevention of

pollution.

It is not envisaged that all of the equipment and

procedures outlined in resolution A.1052(27) would be

checked during a single port State control inspection,

unless the condition of the ship or the familiarity of the

master or crew with essential shipboard procedures

necessitates such a detailed inspection.

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Clear grounds - examples

Absence of principal equipment or arrangements required by the

applicable conventions

Evidence that certificates are missing or clearly invalid

Evidence that documentation is missing, incomplete, not maintained

or falsely maintained

Evidence that serious deficiencies exist

Information or evidence that the master or crew is not familiar with

essential shipboard operations relating to the prevention of air

pollution

Indications that key crew members may not be able to communicate

with each other or with other persons

Receipt of a report or complaint containing information that a ship

appears to be substandard

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Port State inspections

Such inspections may be undertaken on the basis of:

the initiative of the Party;

the request of, or on the basis of information regarding a

ship provided by, another Party; or

information regarding a ship provided by a member of

the crew, a professional body, an association, a trade

union or any other individual with an interest in the safety

of the ship, its crew and passengers, or the protection of

the marine environment.

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Port State inspections

Undue delay

All possible efforts should be made to avoid a ship being

unduly detained or delayed

If a ship is unduly detained or delayed, it should be

entitled to compensation for any loss or damage suffered

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Initial inspections

General impression

Ascertain applicable Conventions for the ship to be inspected

Examine relevant certificates and documents

Check validity and overall condition of the ship

If, however, from general impression or observations on board

the PSCO has clear grounds for believing that the ship, its

equipment or its crew do not substantially meet the

requirements, the PSCO should proceed to a more detailed

inspection. The PSCO should utilize the guidelines in relevant

appendices.

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Definitions

More detailed inspection

An inspection conducted when there are clear grounds

for believing that the condition of the ship, its equipment

or its crew does not correspond substantially to the

particulars of the certificates.

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Detainable deficiencies

PSC officer should be guided by the principle that the

requirements are essential for the protection of the

marine environment and that the departure from these

requirements could constitute a threat of harm to the

marine environment.

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Procedures for rectification of deficiencies and release

In the case of deficiencies which are clearly hazardous

to safety or the environment, the PSCO should ensure

that the hazard is removed before the ship is allowed to

proceed to sea.

Exception: if the ship is allowed to be repaired at the

nearest ship repair yard.

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Port State reporting

Information to the Master

If appropriate inform the Recognised Organisation (RO)

In case of detention inform the Administration of the

ship’s flag State for action as appropriate

If allowed to sail with known deficiencies inform the next

port State

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Regulation 10 – Port State control on operational requirements

A ship, when in port under the jurisdiction of another Party, is

subject to inspection by port State control officer

2009 Guidelines for

port State control

under the revised

MARPOL Annex VI

(MEPC.181(59))

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2009 Guidelines for port State control under the revised

MARPOL Annex VI (MEPC.181(59))

Possible detainable deficiencies

IAPP Certificate and, where relevant, EIAPP Certificates and

Technical Files

Ozone Depleting Substances – ODS record book, effective

maintenance, No deliberate ODS emissions

NOx control – Tier I, Tier II, Tier III and approved method

SOx control – bunker delivery note, sample of fuel oil

Incinerator

VOC managements

IEE Certificate, SEEMP

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List of instruments

and other texts relevant for PSC and Annex VI

Instrument Name

MEPC.181(59) 2009 Guidelines for port State control under the

revised MARPOL Annex VI

MEPC.1/Circ.508 Bunker delivery note and fuel oil sampling (IMO

message for compliance)

MEPC.1/Circ.637 Fuel oil availability and quality (IMO message on

actions in case of non availability)

MSC-MEPC.4/Circ.2 Code of good practice for port State control

officers

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2. Technical cooperation,

technology transfer and

major projects related to

MARPOL Annex VI Chapter 4

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Technical cooperation, technology transfer and major projects

Background

Shipping is probably the most international of all the world's industries

Carrying around 90% of global trade by weight, cost- and energy-

efficiently as well as cleanly and safely around the world

Shipping is a very positive force in sustainable development

We all benefit from seaborne trade

Nature of shipping is such that developing countries can and do

become major participants in the industry itself, generating income and

creating wealth

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Background

Enhancing maritime capacity in developing countries can have an impact

on at least five of the Millennium Development Goals (MDGs), namely:

• MDG 1 – Eradicate extreme poverty and hunger;

• MDG 3 – Promote gender equality and empower women;

• MDG 6 – Combat HIV/AIDS, malaria and other diseases;

• MDG 7 – Ensure environmental sustainability; and

• MDG 8 – Develop a global partnership for development.

Capacity-building and technical assistance initiatives, especially with a

view to helping developing countries and the most vulnerable gain an

improved understanding of the climate change challenge

Implement international regulations for maritime transport

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Technical Cooperation

Integrated Technical Co-operation Programme (ITCP)

Resolution A.986(24) on “The Importance and Funding of Technical Co-

operation as a Means to Support the United Nations Millennium

Declaration and Development Goals”

IMO mandatory audit scheme will increase demand for technical co-

operation with aim of building capacity

Priority to activities which not only promote the early ratification and

effective implementation of IMO instruments but also contribute to the

attainment of the MDGs

Request that donors provide funds

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III Code and Member State Audit

IMO Instruments Implementation (III) Code

Assembly 28 (Dec 2013) adopted resolution A.1070(28)

Provides a global standard to enable States to meet their obligations

as flag, port and/or coastal States

IMO Member State Audit Scheme

Assembly resolution A.1018(26) approved the introduction of an

institutionalized IMO Member State Audit Scheme

28th Assembly agreed to make the Audit Scheme mandatory by 2016

Key tool for assessing Member States’ performance in meeting their

obligations and responsibilities as flag, port and coastal States under

the relevant IMO treaties and then offering the necessary assistance,

where required, for them to meet their obligations fully and effectively

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IMO capacity building activities

Preparation of model maritime legislation that countries can adapt to

their circumstances

Establishment and upgrading of national maritime Administrations

Development of national and regional maritime training academies

Development of regional port State control mechanisms

Development of national and regional contingency plans and related

training courses for marine pollution preparedness and response in

partnership with Governments and the oil industry at national, regional

and international level

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IMO capacity building activities

Establishment of formal networks or associations for women employed in

maritime authorities

Preparation of regional strategies for maritime safety, marine environment

protection, modernization of maritime legislation and facilitation of

international maritime traffic

Assistance in the development of global search and rescue plans and

training of personnel to operate them

Provision of fellowships for specialized "on the job" maritime training and

its institutions

Development of a programme of training model courses to assist with the

implementation of the STCW Convention, 1978 e.g. MC 4.05 – “Energy

Efficient Operation of Ships”

IMO universities and training institutes: WMU and IMLI

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MARPOL – How to do it?

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Annex VI and Technical Cooperation

Regulation 23 of MARPOL Annex VI, Chapter 4, covers the “Promotion

of technical co-operation and transfer of technology relating to the

improvement of energy efficiency of ships” and states that:

1 Administrations shall, in co-operation with the Organization and other

international bodies, promote and provide, as appropriate, support directly or through

the Organization to States, especially developing States, that request technical

assistance.

2 The Administration of a Party shall co-operate actively with other Parties,

subject to its national laws, regulations and policies, to promote the development and

transfer of technology and exchange of information to States which request technical

assistance, particularly developing States, in respect of the implementation of

measures to fulfil the requirements of chapter 4 of this annex, in particular regulations

19.4 to 19.6.

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Resolution MEPC.229(65)

2011: MEPC 62 had agreed that capacity-building, technical assistance and

transfer of technology were important elements in a future comprehensive

regulatory framework to promote energy efficiency in international shipping,

and had included regulation 23 of MARPOL Annex VI, on promotion of

technical co-operation and transfer of technology relating to the improvement

of energy efficiency of ships, in the amendments adopted by resolution

MEPC.203(62). MEPC 62 also agreed to develop an MEPC resolution on this

matter.

2013: MEPC 65 adopts resolution MEPC.229(65) on Promotion of technical

co-operation of transfer of technology relating to the improvement of

energy efficiency of ships.

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Resolution MEPC.229(65)

IMO to provide technical assistance to Member States, to enable

cooperation and to assist in the sourcing of funding

International and regional organizations, non-governmental organizations

and the industry to contribute in any manner possible and as appropriate

Establish, with full stakeholder participation, the AHEWG-TT

Respect property rights, including intellectual property rights

Member States to promote the provision of support to developing States

Adequate provisions in ITCP related to the effective implementation and

enforcement by developing countries

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Supporting the implementation of the resolution

• ITCP activities

• Projects

• The Ad Hoc Expert Working Group on the Facilitation of

Transfer of Technology for Ships

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IMO TC activities – examples of support

IMO-KOICA project on "Building Capacities in East Asia Countries to

Address GHG Emissions from Ships"

Sub-regional/regional workshops to raise awareness of measures to

address GHG emissions from international shipping

Singapore, November 2011

Uruguay, September 2012

Saudi Arabia, November 2013

Jamaica, February 2014

Samoa, November 2014

Sri Lanka, June 2015

National workshops on prevention of air pollution from ships and action by

IMO to address GHG emissions (South Africa, November 2011; Bulgaria,

November 2012)

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IMO TC activities – examples of support

Feasibility study on LNG Fuelled Short Sea and Coastal Shipping in the

Wider Caribbean Region

Pilot study for the use of LNG as a fuel for a high speed passenger ship

operating from the Port of Spain Ferry Terminal in Trinidad and Tobago

Development of a training package on GHG emissions from ships, World

Maritime University (WMU)

IMO Model Course on energy efficiency operation of ships, WMU

GEF-UNDP-IMO Project: Transforming the Global Maritime Transport

Industry towards a Low Carbon Future through Improved Energy Efficiency

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The Ad Hoc Expert Working Group

The Ad hoc Expert Working Group on facilitation of Transfer of

Technology for ships (AHEWG-TT) – established by resolution 229(65)

Supporting the process of technology transfer

Sharing of information by countries/organizations

Information gathered from workshops in the regions

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Thank you for your attention

ANY QUESTIONS?

For more information please see:

www.imo.org

http://www.imo.org/

implementation and technical cooperation - traceca · 2016-02-29 · implementation and technical...

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