Impact of IMO s Polar Code on NSR Future Shipping

Transcription

1 Impact of IMO s Polar Code on NSR Future Shipping

2 History of Polar Code Development IMO s Outside Working Group (OWG) was established in 1993 and this experts group led by Canada drafted the framework for an initial Polar Code five years later Key strategies of the OWG were to build on existing IMO s ship rules and standards for safety (SOLAS), environmental protection (MARPOL), and training(stcw); focusing equally on the safety of human life and protection of the marine environment and using UNCLOS as the legal framework for the polar oceans Considered in the OWG s work was the extensive knowledge and experience of the ice navigation regulatory regimes in the Russian Arctic, Canadian Arctic and the Baltic Sea (Swedish-Finnish shipping rules for seasonal ice operations) The IMO accepted the draft Polar Code from the OWG but decided as an alternative strategy to develop a set of voluntary guidelines instead which focused solely on Arctic waters. The IMO s Guidelines for Ships Operating in Arctic Ice-Covered Waters was approved in

3 History of Polar Code Development The move to develop a mandatory code followed the adoption by the IMO in 2009 of voluntary Guidelines for Ships Operating in Polar Waters which set out additional provisions deemed necessary for the polar areas beyond the requirements of existing conventions As part of Arctic Council s AMSA recommendations in 2009, all eight Arctic states voiced their strong view that mandatory or binding IMO rules and regulations for Arctic marine operations were essential and required as soon as practical Since 2010 the IMO s Marine Safety Committee has been considering safety amendments to SOLAS and proposed amendments to MARPOL have been considered by the IMO s Marine Environmental Protection Committee. The IMO s Sub-Committee on Human Element Training and Watchkeeping recently approved the critical training and manning requirements for polar operators as amendments to STCW All of the elements of the Polar Code were adopted by the IMO as a whole in May

4 Mandatory Polar Code IMO Polar Code is a set of amendments to the SOLAS, MARPOL and STCW The Polar Code covers ship structural standards; required marine safety equipment; training and experience standards for the ship officers and crew; and environmental rules regarding oil, noxious liquids, sewage and garbage for ships operating in waters surrounding the two poles 4

5 Arctic Boundary of Polar Code 5

6 Part I: Safety Measures Newly adopted SOLAS chapter XIV Safety Measures for Ships Operating in Polar Waters New Safety Requirements: The safety chapters in the Polar Code each set out goals and functional requirements, covering ship structure; stability and subdivision; watertight and weather-tight integrity; machinery installations; operational safety; fire safety/protection; life-saving appliances and arrangements; safety of navigation; communications; voyage planning; and manning and training 6

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8 Part I: Safety Measures Polar Ship Certificate Will specify whether the vessel may sail in at least medium first-year ice with old ice inclusions, thin first-year ice, or merely open water with minimal ice Each category will provide various requirements for design, construction, hull strengthening, stability, safety equipment and training 8

9 Part I: Safety Measures 9

10 Polar Water Operation Manual Assessment of ship s operational capabilities and limitations and expected navigational conditions on route; indentification of risks; and emercency and response planning Part I: Safety Measures 10

11 Part I: Safety Measures Polar Ship Certificate Ship s defined capacity and limitations; structure and machinery; design and equipment Polar Water Operational Manual Ship s operational procedures; emergency response procedures; speed and maneuvering; evacation and survival Qualified Deck Officers Training and experience; approval process 11

12 Part II: Pollution Prevention New Pollution Prevention Requirements: Amendments to the MARPOL s Annexes I, II, IV, and V Prevention of pollution by oil Prevention of pollution by noxious liquid substances Prevention of pollution by sewage Prevention of pollution by garbage 12

13 Part II: Pollution Prevention Oil -- discharge into the sea of oil or oily mixtures from any ship is prohibited. Fuel tanks must be separated from the ships outer shell Noxious Liquids -- discharge into the sea of noxious liquid substances or mixtures containing such substances is prohibited Sewage -- discharge of sewage is prohibited unless performed in line with MARPOL Annex IV and requirements in the Polar Code, prohibiting the discharge of sewage except for comminuted and disinfected sewage under specific circumstances, including a specified distance from ice Garbage -- discharge of garbage is restricted and only permitted in accordance with MARPOL Annex V and requirements in the Polar Code, namely that food wastes shall not be discharged onto the ice and discharge into the sea of comminuted and ground food wastes is only permitted under specific circumstances including at no less than 12 nautical miles from the nearest land, ice shelf or fast ice. Only certain cargo residues classified as not harmful to the marine environment can be discharged 13

14 Implementation & Enforcement Enactment -- the Polar Code will come into force on the 1 st of January 2017 through amendments to SOLAS, MARPOL and STCW Conventions The implementation Phase -- the phase-in period for the Polar Code is from 15 th of May 2015 to the 1 st of January 2017 National Legislation -- all maritime states will have the challenge of implementing the Polar Code in their national legal systems by 1 st of January 2017 Enforcement -- enforcement of the Polar Code will be the responsibility of the flag states and also the port states in certain circumstances 14

15 Implementation & Enforcement Ship Type and Tonnage -- the Polar Code will be mandatory for all commercial carriers and passenger ships of 500 tons or more New and Old Vessels -- the Polar Code will apply to new ships constructed on or after January 1, Ships constructed before that date will be required to meet the relevant requirements of the Polar Code by the first intermediate or renewal survey, whichever occurs first, after January 1, 2018 Polar Ship Certificate -- the process for gaining a Polar Ship Certificate should be developed by the national maritime authorities of the flag states and the ship classification societies so that it is operational by 1 January 2017 Role of Classification Societies and Insurance -- the ship classification societies will certify that polar class ships meet the new Polar Code requirements and marine insurance industry will have a role in insuring only ships that meet these new standards 15

16 Polar Code Criticism Heavy Fuel Oil (HFO) -- should be banned in the Arctic as it has in the Antarctic. Such oil is also a major source of black carbon emissions. Future designation of the Arctic Ocean as an IMO emission control area will need to be addressed Non-Ice Strengthened Ships -- should not be allowed to operate in polar waters, even in supposedly `ice-free polar waters Concerns Regarding the Wildlife -- in addition to heavy fuel oil, graywater discharges and ballast water discharges, invasive species protection measures, and underwater noise regulations have not been dealt with Fishing Vessels and other Specialized Vessels -- regulations for these vessels should also be included in the code Lack of Oil Spill Response Measures -- the code does not explicitly spell out what should happen in the event of an oil or chemical spill, and how to be adequately equipped and crew trained to deal with minor spills Enforcement of Polar Code Regulations -- Enforcement will be up to individual nations in territorial waters and ambiguous everywhere else 16

17 Beyond the Polar Code We should not see the Polar Code as the end of a process. Current and future challenges need to be addressed by additional amendments to SOLAS, MARPOL, and STCW Implementation of New Advanced Technology -- in all sectors including shipbuilding and machinery sectors and in the new designs for harsh operating environments Arctic Transport and Logistics Infrastructure -- while the IMO Polar Code will provide the regulatory framework, the infrastructure needed to ensure safety and environmental protection in the Arctic must also be developed Ship Monitoring and Tracking -- commercial ships voyaging and operating in remote polar waters place a premium on ship monitoring and tracking. Sharing Arctic marine traffic data among the flag and port states may require a new binding agreement among the Arctic states Operational Guidelines for Seafarers -- the polar regions constitute a unique working environment which means we need to develop further specific operational guidelines for seafarers beyond those already included in the STCW Convention 17

18 Concluding Remarks Soon it became apparent that a very robust and meaningful Polar Code would be sacrificed in order to meet deadlines. We have seen successive drafts become more watered down as the various working groups, subcommittees and committees seemed to simply walk away from and delete any item that did not result in complete consensus amongst the huge number of voting flag states and non-voting NGOs at IMO - Captain Duke Snider (October 7, 2014) 18