CAPACITY BUILDING FOR CLIMATE CHANGE MITIGATION IN THE MARITIME SHIPPING INDUSTRY

Implementation of Marpol Annex VI IMO Convention, National Legislation, Implementation of Marpol Annex VI

THE INTERNATIONAL MARITIME ORGANISATON UNITED NATIONS An intergovernmental Organization to promote international co- operation to maintain international order. United Nations has a number of specialized agencies i.e The International Maritime Organization ….among others IMO is based in the United Kingdom. 12/7/2018 1st NATIONAL WORKSHOP 2017

THE INTERNATIONAL MARITIME ORGANISATION The Convention establishing the International Maritime Organization (IMO) was adopted in Geneva in 1948. IMO's main mandate are: to develop and maintain a comprehensive regulatory framework for shipping, safety, environmental concerns, technical co-operation, maritime security and the efficiency of shipping. 12/7/2018 1st NATIONAL WORKSHOP 2017

to update existing legislation; MEMBERSHIP AND M.E.P.C Member States 170 nations Non-Governmental Organizations = wide variety of interests, ranging from industry sectors to environmental groups, enjoy consultative status. Specialized committees Marine Environment Protection Committee (MEPC). It is IMO's senior technical body on marine pollution related matters. It is aided in its work by a number of IMO's Sub-Committees. Their tasks are: I.E to update existing legislation; 12/7/2018 1st NATIONAL WORKSHOP 2017

INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS MARPOL Convention entered into force on 2 October 1983. Has SIX Annexes Annex I Oil Annex II Noxious Liquid Substances carried in Bulk Annex III Harmful Substances carried in Packaged Form Annex IV Sewage Annex V Garbage Annex VI Air Pollution & Energy Efficiency As of 1 January 2017 states parties comprising 99 % of world merchant tonnage. (the combined merchant fleets of which constitute approximately 99.14 % of the gross tonnage of the world's merchant fleet). (http://www.imo.org/en/About/Conventions/StatusOfConventions/Documents/Status%20-%202017.docx.pdf ) MARPOL is envisaged to safeguard against accidental pollution as well as operational pollution or the day-to-day pollution caused by ships in transit. 12/7/2018 1st NATIONAL WORKSHOP 2017

IMPLEMENTATION OF MARPOL For IMO Conventions to be binding, Must first be ratified by a total number of member countries whose combined gross tonnage represents at least 50% of the world’s gross tonnage. In order to simplify the adoption, a system of tacit acceptance (or opting –out system) was introduced, if no objections are heard from a member state after a certain period has elapsed, it is assumed they have assented to the treaty. All six Annexes have been ratified the most recent is Annex VI, which took effect in May 2005. The MARPOL is a global Convention. 12/7/2018 1st NATIONAL WORKSHOP 2017

Implementation of Annex VI Country ship is registered (Flag State) responsible for certifying the ship’s compliance with MARPOL’s pollution prevention standards. Each signatory- Flag State is responsible for COMPLIANCE Port State Inspection used to bring out evidence of a violation of the Convention’s discharge regulations. The port State reports to the flag State. The port State authorities may inspect a ship when ‘where there are clear grounds for suspicion’ (Art.5). The breaches on MARPOL can incur liability(also criminal) ‘which must be adequate in severity to discourage violations.’ The port State notifies the IMO. In accordance with MARPOL when incidents occur outside such Port-State jurisdiction or jurisdiction cannot be determined, the country refers cases to flag states, However, the response rate from flag states has been poor. 12/7/2018 1st NATIONAL WORKSHOP 2017

Annex VI = AIR Prohibits deliberate emissions of ozone depleting substances. Includes halons and chlorofluorocarbons (CFCs). But new installations containing hydro-chlorofluorocarbons (HCFCs) are permitted until 1 January 2020. Annex VI sets limits on emissions of nitrogen oxides (NOx) from diesel engines. A mandatory NOx Technical Code, developed by IMO, defines how this is to be done. The Annex also prohibits the incineration on board ship of products, such as contaminated packaging materials and polychlorinated biphenyls (PCBs). 12/7/2018 1st NATIONAL WORKSHOP 2017

MARPOL ANNEX VI OUTLINE: STRENGTHEN EMISSION LIMITS VIS A VIS TECHNOLOGY Annex VI consists of three Chapters and a number of Appendices: Chapter 1 - General Chapter II - Survey, Certification and Means of Control Chapter III - Requirements for Control of Emissions from Ships 12/7/2018 1st NATIONAL WORKSHOP 2017

APPENDICES The form of the International Air Pollution Prevention Certificate; Criteria and procedures for designation of SOx emission control areas; Information for inclusion in the bunker delivery note; Approval and operating limits for shipboard incinerators; Test cycles and weighting factors for verification of compliance of marine diesel engines with the NOx limits; Details of surveys and inspections to be carried out. 12/7/2018 1st NATIONAL WORKSHOP 2017

Under the revised MARPOL Annex VI, the global sulphur cap is reduced EFFECTIVE 1 January 2012 THEN 1 January 2020, NEXT 2018. The limits applicable in Emission Control Areas (ECAs) effective from 1 January 2015. Progressive reductions in NOx emissions from marine diesel engines installed on ships are also included, with a “Tier II” emission limit for engines installed on or after 1 January 2011; then with a more stringent "Tier III" emission limit for engines installed on or after1 January 2016 operating in ECAs. ​​​​​​​​​​​​​ 12/7/2018 1st NATIONAL WORKSHOP 2017

GHG Emissions: Law and Business IMO’s Marine Environment Protection Committee (MEPC) has given extensive consideration to control of GHG emissions from ships . Market-based mechanisms have also been considered and would serve two main purposes: 1.Off-setting of growing ship emissions and 2.Providing a fiscal incentive for the maritime industry to invest in more energy efficient manner.​​​​​​​​​​ 12/7/2018 1st NATIONAL WORKSHOP 2017

LAW AND BUSINESS The Energy Efficiency Design Index (EEDI), for new ships. The Ship Energy Efficiency Management Plan (SEEMP) for all ships. The SEEMP establishes a mechanism for operators to improve the energy efficiency of ships. http://www.imo.org/MediaCentre/PressBriefings/Pages/42-mepc-ghg.aspx 12/7/2018 1st NATIONAL WORKSHOP 2017

LAW AND BUSINESS The SEEMP is a management instrument that became formally mandatory on 1 January 2013. Using the EEOI as a monitoring instrument improves the energy efficiency of a ship in a cost-effective manner. The EEDI’s role is fundamental in promoting development in this field and the creation of new technologies. 12/7/2018 1st NATIONAL WORKSHOP 2017

. The SEEMP is a management instrument that became formally mandatory on 1 January 2013. Using the EEOI as a monitoring instrument improves the energy efficiency of a ship in a cost-effective manner. The EEDI’s role is fundamental in promoting development in this field and the creation of new technologies. 12/7/2018 1st NATIONAL WORKSHOP 2017

Evaluation and Enforcement of MARPOL: MARPOL sets international shipping standards which; Contribute to safety of navigation; and Protect the environment; Tacit approval system allows for flexibility and setting new standards when necessity arises; Main enforcement of the Convention rests of the Flag State, but Flag States are supposed to report any breaches of the Convention by their ships to the IMO buy the record is poor; The port State jurisdiction is of great importance and it quite efficient (in 2006 the largest number of ships detained from Cyprus: 511); However, it may be that the enforcement is not sufficiently strict and therefore a weak link of the MAROOL Convention; Importantly, the MARPOL has no non-compliance procedure (as other MEAs); 12/7/2018 1st NATIONAL WORKSHOP 2017

Type of Vessels Applicable Bulk carriers; Tankers; Gas carriers; LNG carriers; Container ships; General cargo ships; Refrigerated cargo ships; Combination carriers; Ro-ro cargo ships (Vehicle carriers); Ro-ro cargo and Ro-ro passenger ships, and Cruise passenger ships with non-conventional propulsion. See the Guidelines on the Surveys and Certification of the EEDI developed by Resolution MEPC.214(63). 12/7/2018 1st NATIONAL WORKSHOP 2017

NATIONAL LEGISLATION Constitution International Law The Treaty Act Merchant Shipping Act Possible Merchant Shipping Regulations on Marpol Annex VI 12/7/2018 1st NATIONAL WORKSHOP 2017

FUTURE MARKET LINK LEGAL POLICY AND INSTITUTIONAL REFORMS CAPACITY BUILDING AND KNOWLEDGE SHARING PUBLIC – PRIVATE PARTNERSHIPS 12/7/2018 1st NATIONAL WORKSHOP 2017

NATIONAL LEGISLATION AND LINK TO FOCAL POINTS SDG 7: Access to affordable, reliable, sustainable, modern energy for all. SDG 12: Sustainable consumption/production patterns. SDG 13: Take urgent action to combat climate change. SDG14: Conserve ocean use for sustainable development. SDG 17: Revitalize the global partnerships for sustainable development. 12/7/2018 1st NATIONAL WORKSHOP 2017

END OF PRESENTATION