IMO REVIEW OF REPORTING REQUIREMENTS FOR RECEPTION FACILITIES. Note by the Secretariat

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1 INTERNATIONAL MARITIME ORGANIZATION E IMO SUB-COMMITTEE ON FLAG STATE IMPLEMENTATION 12th session Agenda item 18 FSI 12/18 16 December 2003 Original: ENGLISH REVIEW OF REPORTING REQUIREMENTS FOR RECEPTION FACILITIES Note by the Secretariat Executive summary: Action to be taken: Paragraph 15 Related documents: Background SUMMARY This document provides a summary of the present reporting system for port reception facilities under the provisions of MARPOL 73/78 and the Guidelines for ensuring the adequacy of port waste reception facilities, as a basis of discussion by the Sub-Committee Resolution MEPC.83(44), MEPC/Circ.318 and MEPC/Circ At MEPC 47, initial consideration was given to improving the reporting requirements regarding the availability of reception facilities in ports and the inadequacies of reception facilities experienced by ships. MEPC agreed that the FSI Sub-Committee was the appropriate body to deal with matters that would improve these reporting requirements. 2 MEPC 48, in the context of its consideration of reception facilities-related issues, requested the FSI Sub-Committee to carry out the following tasks:.1 to undertake a comprehensive review of the waste reception facilities reporting requirements, including availability, use and purpose of reporting as provided in MARPOL 73/78, Annexes I, II and V and the Guidelines for ensuring the adequacy of port waste reception facilities;.2 having undertaken the review, to then identify any areas of confusion, conflict and/or uncertainty in the legislation/guidelines and, if necessary, make recommendations where changes may be necessary to clarify the reporting requirements;.3 to review existing reporting formats covered in various MEPC circulars and design a simpler reporting format to meet the current requirements of MARPOL 73/78 and the Guidelines; and For reasons of economy, this document is printed in a limited number. Delegates are kindly asked to bring their copies to meetings and not to request additional copies.

2 FSI 12/ to propose a means to encourage the communication of waste reception facility reporting requirements to appropriate authorities and Member States. 3 FSI 11 agreed to consider this matter at its next session under a specific work programme and agenda item and instructed the Secretariat to prepare an appropriate submission to this session on waste reception facilities reporting requirements including availability, use and purpose of reporting as provided in Annexes I, II and V to MARPOL 73/78 and the Guidelines for ensuring the adequacy of port waste reception facilities. Reporting on the availability of reception facilities 4 One of the cornerstones of MARPOL 73/78 is the necessity to provide adequate reception facilities. This is embodied in the Annexes to the Convention: Annex I (regulation 12); Annex II (regulation 7); Annex IV (regulation 10); Annex V (regulation 7); and Annex VI (regulation 17). 5 Under Article 11(1)(d) of MARPOL 73/78 all Parties to the Convention are required to communicate to the Organization a list of reception facilities in their ports including their capacity, available facilities and other characteristics. 6 Information received by the Organization on facilities in ports for the reception of oily wastes and noxious liquid substances is disseminated through MEPC.3 and MEPC.4 circular series respectively. Governments are requested to submit information on new reception facilities and updated information on the existing list of facilities to the Organization by April each year in accordance with the established one-line format of the lists attached to these circulars. 7 A flow diagram describing the reporting procedure on the availability of port reception facilities is set out at annex 1. Reporting on alleged inadequacies of reception facilities 8 Each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities are alleged to be inadequate (regulation 12(5) of Annex I, regulation 7(4) of Annex II, regulation 10(2) of Annex IV, regulation 7(2) of Annex V and regulation 17(2) of Annex VI (Annex VI is not yet in force.)). 9 MEPC/Circ.349 is a revised consolidated format exclusively for reporting alleged inadequacies of port reception facilities on a case-by-case basis. Flag States are requested to distribute the revised format to ships, and encourage Masters to use the format to report alleged inadequacy of port reception facilities to the Administration and, preferably, to the authorities of the port State. The flag State is required to notify IMO, in an appropriate format, for transmission to the Parties concerned, of any case where facilities are alleged to be inadequate. In accordance with this circular the flag State is also required to notify the port State of the occurrence. 10 On 13 August 2000, the Guidelines for ensuring the adequacy of port waste reception facilities were adopted by resolution MEPC.83(44), designed to address Member Governments, port States and port authorities for their activities aimed at provision of adequate port waste reception facilities required under the provisions of MARPOL 73/78. Section 9 of these Guidelines stresses the need for compliance by the flag State with the provisions of MEPC/Circ.349, while paragraph 10.3 of the Guidelines emphasizes that port States should ensure the provision of proper arrangements to consider and respond appropriately and effectively to reports of inadequacies.

3 - 3 - FSI 12/18 11 MEPC/Circ.318 contains "Formats for a mandatory reporting system under MARPOL 73/78". Part 3 of this circular includes two sections on reports of alleged inadequacies of reception facilities; section (a) Summary report by the flag State to IMO of alleged inadequacy of reception facilities referred to the port State when prior notification to use the facilities was given; and section (b) Summary report by the port State to IMO of actions taken on alleged inadequacy of reception facilities referred to that State. The purpose of Part 3 is to summarize the cases of alleged inadequacies of reception facilities and to summarize the results of their investigation. Parties are requested to submit their annual reports using the format (contained in MEPC/Circ.318) by 30 September each year. 12 The reporting requirements for flag States, port States and follow-up action by the Organization regarding inadequacies of reception facilities experienced by ships, as explained in the above paragraphs 8 to 11, are outlined in the table attached at annex It should be noted that MEPC/Circ.349 provides a consolidated format for reporting alleged inadequacy of port reception facilities for oily wastes (MARPOL Annex I), noxious liquid substances (NLS) (MARPOL Annex II) and garbage (MARPOL Annex V). Taking into account that on 27 September 2003 Annex IV (sewage) entered into force and that Annex VI is expected soon to obtain the requisite entry into force conditions, the Sub-Committee may consider whether this format should be updated in order to include sewage (MARPOL Annex IV), ozone-depleting substances and exhaust gas cleaning system residues (MARPOL Annex VI). Reporting on the outcome of the assessment of the port reception facilities 14 The Guidelines for ensuring the adequacy of port waste reception facilities, adopted by resolution MEPC.83(44), encourages Governments to make use of the assessment form appended to the Guidelines to:.1 conduct regular assessments of waste reception facilities in their ports;.2 advise the Organization of the outcome of such assessments, including any inadequacies of port reception facilities; and.3 advise the Organization on any technical co-operation assistance that may be needed to address those inadequacies. Action requested of the Sub-Committee 15 The Sub-Committee is invited:.1 to note the review of the waste reception facilities reporting requirements as provided in this document;.2 to consider whether there is a need to amend the existing reporting formats; and.3 to consider appropriate means to improve compliance with the reporting requirements. ***

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5 FSI 12/18 ANNEX 1 FLOW DIAGRAM DESCRIBING THE REPORTING PROCEDURES ON THE AVAILABILITY OF PORT RECEPTION FACILITIES Port States Communicate to the IMO a list of reception facilities in their ports IMO Disseminates information received on port reception facilities Information received for the reception of oily wastes and noxious liquid substances is disseminated by means of circular series MEPC.3/Circ... and MEPC.4/Circ If there is a need to update the information contained in MEPC.3/Circ... and MEPC.4/Circ..., Port States submit to IMO information on changes to the list of reception facilities by April each year Governments of Parties to MARPOL 73/78 are invited to bring this information to the attention of their Administrations, port authorities and shipping companies concerned through appropriate means ***

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7 FSI 12/18 ANNEX 2 TABLE: REPORTING REQUIREMENTS FOR FLAG STATES, PORT STATES AND FOLLOW-UP ACTION BY THE ORGANIZATION REGARDING INADEQUACIES OF RECEPTION FACILITIES EXPERIENCED BY SHIPS Flag State Port State Reporting requirements The flag State is requested to distribute the revised format for reporting alleged inadequacy of port reception facilities as set out in MEPC/Circ.349 to ships, and encourage Masters to use this format to report alleged inadequacy of port reception facilities to the Administration of the flag State and, preferably, to the Authorities of the port State. The flag State is required to notify IMO, in an appropriate format, for transmission to parties concerned, of any case where facilities are alleged to be inadequate. Notification shall be made as soon as possible following completion of the Alleged Inadequacy Reporting Form (MEPC/Circ.349). The flag State shall notify the port State of the occurrence of the alleged inadequacy of port reception facilities. Notification shall be made as soon as possible following completion of the Alleged Inadequacy Reporting Form (MEPC/Circ.349). The flag State is requested by 30 September each year to submit to IMO an annual report using the format contained in Part 3(a) of MEPC/Circ.318 of alleged inadequacy of reception facilities referred to the port State when prior notification to use the facilities was given. The port State should ensure the provision of proper arrangements to consider and respond appropriately and effectively to reports of inadequacies. The port State is requested by 30 September each year to submit to IMO an annual report using the format contained in Part 3(b) of MEPC/Circ.318 of actions taken on alleged inadequacy of reception facilities referred to that State. Reference MEPC/Circ.349, para.5 Reg. 12(5) of Annex I; Reg. 7(4) of Annex II; Reg. 10(2) of Annex IV; Reg. 7(2) of Annex V; and Reg. 17(2) of Annex VI; para. 8.3 MEPC/Circ.349, para.5 Res. MEPC.84(44), Annex, para MEPC/Circ.349, Annex. para. 8.3 para MEPC/Circ.318 para MEPC/Circ.318 IMO IMO shall transmit to the port State concerned any case notified by the flag State where port reception facilities are alleged to be inadequate. Reg. 12(5) of Annex I; Reg. 7(4) of Annex II; Reg. 10(2) of Annex IV; Reg. 7(2) of Annex V; and Reg.17(2) of Annex VI