Update on International Regulations to Prevent Pollution of the Sea by Ships

Update on International Regulations to Prevent Pollution of the Sea by Ships Asia-Pacific Oil Spill Prevention & Preparedness Conference Perth, Australia, 2-6 May 2016 Dr. Stefan Micallef Director Marine Environment Division, IMO

International Maritime Organization A specialized agency of the United Nations The IMO Convention was adopted in 1948 and IMO first met in 1959 171 member States Develop and maintain a comprehensive regulatory framework for shipping Safe, secure and efficient shipping on cleaner oceans 2

Technical work of IMO Environmental issues Marine Environment Protection Committee (MEPC) Sub-Committee on Pollution Prevention and Response (PPR) Evaluation of safety and pollution hazards of liquid substances in bulk transported by ships; control and management of harmful aquatic organisms in ships' ballast water and sediments, and biofouling; prevention of air pollution from ships; consideration of impact of Black Carbon on the Arctic; and pollution preparedness, response and cooperation for oil and hazardous and noxious substances. Sub-Committees under MEPC and MSC Sub-Committee on Implementation of IMO Instruments (III) Sub-Committee on Carriage of Cargoes and Containers (CCC) 3

Development of international regulations TORREY CANYON, 1967 AMOCO CADIZ, 1978 ERIKA, 2000 Development of idea Proposal to IMO Committee Discussion, refer to Sub-Committee, working group Development of draft Regulation, circular, Code or resolution Adoption of new regulation or amendment to existing measure 4

IMO s work on environmental issues Presentation topics Ballast water management Air pollution and energy efficiency GHG emissions PSSAs OPRC Convention Black Carbon emissions Ship recycling Polar Code OSV Chemical Code and others 5

The Ballast Water Management Convention Adopted on 13th of February 2004 Ballast Water Exchange to meet D-1 Standard Ballast Water Treatment to meet D-2 Standard Alternate Options to provide equivalent environmental protection as Options 1 and 2 6

Entry into force Entry into force 12 months after the date on which not less than 30 States, the combined tonnage of which constitute no less than 35% of world merchant tonnage, have acceded. 49 countries have acceded to date. The tonnage is currently at most 34.79%. Ratification process ongoing in a number of countries entry into force drawing closer Indonesia s Minister of Transportation, H.E. Ignasius Jonan, deposited the instrument of accession during the 29th session of the IMO Assembly (24 November 2015) 7

Why has ratification taken more than 10 years? Lack of associated guidelines Adequate testing facilities Lack of ballast water management systems (BWMS) Installation capacity, bottlenecks? Port State control, sampling and analysis Robustness of Guidelines (G8) Costs Political will 8

Removal of barriers for ratification and implementation 9

Availability of ballast water management systems 55 have been granted IMO Basic Approval MEPC granted Final Approval to 3 systems, so far 40 have been granted IMO Final Approval 65 systems have been granted Type Approval by their Administration Dozens more are under development and in various stages of the approval process Technologies are available! BWMS typically cost US$ 0.5-2m, depending on ship type and size 10

The robustness of Type Approval in accordance with Guidelines (G8) has been criticized particularly in relation to:. reliability in various water conditions ( C, PSU, turbidity etc.); test protocols, transparency, failed tests etc; PSC sampling and analysis; and US regulations. 11

Roadmap for the implementation of the BWM Convention Non penalization of early movers: No need to replace BWMS type approved in accordance with current Guidelines (G8) BWMS which is operated and maintained correctly does not need to be replaced due to occasional lack of efficacy No sanctions, warnings, detentions etc. solely due to occasional exceedance of D-2 if BWMS installed and operated correctly Way forward: Guidance on contingency measures to be developed Trial period to be expanded into an experience building phase during which data is to be collected on technologies that do not meet D-2 Submissions invited to MEPC 70 12

Outcome of MEPC 69 Study on the implementation of the ballast water performance standard (reg. D-2); Further progress on the review of the Guidelines (G8); Approved amendments to regulation B-3 of the Convention to reflect resolution A.1088(28), for circulation after entry into force of Convention; Deferred the consideration of exceptions and exemptions to MEPC 70; Arrangement for intersessional work 13

Air Pollution and Energy Efficiency MARPOL Annex VI MARPOL Annex VI: 1997 Protocol adopted in 1997 Entered into force on 19 May 2005 Revisions of Annex VI: Adopted in October 2008 Entered into force on 1 July 2010 Chapter 4 on Energy Efficiency Adopted in July 2011 Entered into force on 1 January 2013 Number of Contracting States: 86 (as of 25 April 2016) The combined merchant fleets of which constitute approximately 95.73% of the gross tonnage of the world s merchant fleet 14

Air pollution - Fuel oil availability Review required by MARPOL reg VI/14.8 MARPOL regulations Regulation 14.1.3 of Annex VI: 1 The sulphur content of any fuel oil used on board ships shall not exceed the following limits:.3 0.50% m/m on and after 1 January 2020. Regulation 14.8 of Annex VI: A review of the standard set forth in paragraph 1.3 of this regulation shall be completed by 2018 to determine the availability of fuel oil to comply with the fuel oil standard set forth in that paragraph and shall take into account the following elements:.1 the global market supply and demand for fuel oil...2 an analysis of the trends in fuel oil markets; and.3 any other relevant issue etc. Steering Committee MEPC 68 (May 2015) approved Terms of Reference for the assessment of fuel oil availability review MEPC 68 established a Steering Committee to oversee the review and agreed is the de facto group of experts to develop the appropriate information to inform the decision of the Parties MEPC 69 considered a progress report on the review of fuel oil availability, following the four meetings of the Steering Committee study to be submitted to MEPC 70 agreed, in principle, that a final decision should be taken at MEPC 70 on the date of implementation of the 0.50% sulphur limit so that maritime Administrations and industry can prepare and plan accordingly 15

Air pollution - Fuel oil quality Development of control measures agreed Development Concerns raised over out of specification marine fuels which are serious safety issue; MEPC 66: agreed to develop possible quality control measures prior to fuel oil being delivered to a ship MSC 93: recognized out of specification marine fuels are serious safety issue MEPC 67: majority supported development of non-mandatory guidance; also need to consider adequacy of current legal framework, establish a GC to report back at 68 MSC 94: encouraged joining of MEPC CG to ensure safety considerations are taken into account Where we are MEPC 69 considered the report of CG, re-established it to further develop draft guidance on best practice for fuel oil purchasers/users and Member States/coastal States; encouraged the fuel oil supply industry to develop draft best practice for fuel oil providers. 16

Energy Efficiency and its Regulatory framework 17

New ships - EEDI review MEPC 67 established a Correspondence Group on EEDI review to review the status of technological developments relevant to implementing Phase 2 of the EEDI regulations; and MEPC 69 considered the interim report together with commenting documents, re-established the CG and instructed it to continue its work, in particular with the review of ro-ro cargo ships and ro-ro passenger ships and ice-class ships 18

Monitoring of emissions Data collection system for fuel consumption Development Data Collection system MEPC 65 (May 2013) considered a proposal by the US to enhance the energy efficiency of international shipping through a phased approach: 1. data collection; 2. data analysis; and 3. decision-making on what measures, if any, are required. MEPC 65 noted considerable support for the proposal, in particular for Phase 1 Since then, considerable work has been undertaken in developing a framework for a global data collection system. MEPC 69 approved draft amendments for the establishment of a data collection system for fuel consumption, with a view to adoption at MEPC 70. Application: 5,000 GT and above on international voyages Information to be submitted to the database: - Identity of the ship (IMO number); - Technical characteristics of the ship: - Ship type, GT, NT, DWT, power output of main & auxiliary engine, - EEDI (if applicable) and ice class (if applicable); - Total annual fuel consumption, by fuel type, in metric tonnes and methods used for collecting fuel consumption data; - Distance travelled from berth to berth, hours not at berth 19

GHG emissions from ships Third IMO GHG Study 2014 Study found that shipping, in total, accounted for approximately 3.1% of annual global CO 2 emissions for the period 2007 2012. For international shipping, the CO 2 estimate dropped from 2.8% in 2007 to 2.2% in 2012. Year Global CO 2 Total shipping % of global International shipping % of global 2007 31,409 1,100 3.5% 885 2.8% 2008 32,204 1,135 3.5% 921 2.9% 2009 32,047 978 3.1% 855 2.7% 2010 33,612 915 2.7% 771 2.3% 2011 34,723 1,022 2.9% 850 2.4% 2012 35,640 938 2.6% 796 2.2% Average 33,273 1,015 3.1% 846 2.6% 20

GHG emissions from ships Work to further address greenhouse gas emissions from ships at MEPC 69 Development Development cont d Welcomed the Paris Agreement and acknowledged the major achievement of the international community in concluding the agreement; Recognized and commended the current efforts and those already implemented by IMO to enhance the energy efficiency of ships; Widely recognized and agreed that further appropriate improvements related to shipping emissions can and should be pursued; Agreed to the common understanding that the approval at MEPC 69 and subsequent adoption of the data collection system was the priority; Reiterated its endorsement of the three-step approach consisting of data collection, analysis and decision making; and Agreed to establish a working group under this item at MEPC 70, with a view to an indepth discussion on how to progress the matter, taking into account all documents submitted to this session and comments made, and any further related proposals. Recognized the role of IMO in mitigating the impact of GHG emissions from international shipping; 21

Transfer of technology for ships Work assigned to Ad hoc Working Group accomplished - Resolution MEPC.229(65) on Promotion of technical cooperation and transfer of technology relating to the improvement of energy efficiency of ships; - Ad hoc Expert Working Group on facilitation of transfer of technology for ships; - MEPC 69 considered the full report of group, which has accomplished all four tasked assigned to it; - noted that many of its recommendations had already been incorporated into the Organization s technical cooperation activities and major projects. 22

Particularly Sensitive Sea Areas and Special Areas Approval of the designation of the Tubbataha Reefs Natural Park as a PSSA, with a view to adoption at MEPC 70 Adoption of MEPC resolution on the establishment of the date on which regulation 11.3 of MARPOL Annex IV in respect of the Baltic Sea Special Area shall take effect 23

Intersessional work Correspondence groups reporting to MEPC 70 and 71 Review of the Guidelines for approval of BWMS (G8) Carry out a review and propose amendments to G8 Guidelines Fuel oil quality Develop guidance for assuring the quality of fuel oil delivered to ships EEDI review required under MARPOL regulation VI/21.6 Consider status of technological developments for EEDI regulations Data collection system for fuel consumption development of Guidelines for the implementation of the system 24

Spill preparedness and response International convention on oil pollution preparedness, response and co-operation, 1990 Protocol on preparedness, response and co-operation to pollution incidents by hazardous and noxious substances, 2000 Image Credit: ITOPF Image Credit: ITOPF 25

OPRC related developments Guidelines completed at PPR 2 and approved by MEPC 68 Guidelines on International offers of assistance in response to a marine oil pollution incident Tool to assist in managing requests for spill response resources and offers of assistance from other countries and organizations when confronted with large, complex or significant oil spill incidents Part III of the Guidelines for the use of dispersants for combating oil pollution at sea (Operational and technical sheets for surface application of dispersants) Parts I (Basic information) and II (National policy) were approved by MEPC 65 26

OPRC related developments Guidelines completed at PPR 3, to be considered by MEPC 70 Section II of the Manual on Oil Pollution Contingency planning Extensive use as reference material by countries developing or updating their National oil spill contingency plans. Revised to develop sections on planning for offshore units and provide more general updates in the field of contingency planning Guide on oil spill response in ice and snow conditions Used to identify and describe those aspects of planning and operations that are directly associated with a response to a marine oil spill in ice and snow conditions anywhere in the world, including a summary of the most up to date research and development in this field. 27

OPRC related developments Guidelines and tools currently under development Part IV of the IMO Dispersant Guidelines (Sub-sea dispersant application) Work underway by a correspondence group who aim to submit at final draft to PPR 4 (Jan 2017) Update of OPRC Model training course Final review of materials underway with an aim to submit at final draft to PPR 4 (Jan 2017) Level 3 Strategic Administrators and Senior Managers Level 2 Tactical Supervisors/On Scene Commanders Level 1 Operational First Responders Level 0 Raising awareness Basic introduction 28

Current OPRC regional projects 29

The GI WACAF project Goal: Enhance oil spill response capability in West, Central, and Southern Africa Scope: Organise trainings, exercises and workshops Key feature: Partnership between Industry/Government Area: Covers 22 countries Funding from IMO Funding from IPIECA: 10 oil industries members 30

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