1. IMO CHALLENGES IN IMPLEMENTING GLOBAL STANDARS AGAINST NATIONAL OR REGIONAL REGULATIONS
Lawrence D. Barchue, Sr.

2. AREAS TO BE EXPLORED
A synopsis of the international regulatory regime of shipping and its benefits National and regional imposition in the regulatory space Regional initiatives to enhance implementation of IMO requirements Achieving a regulatory and implementation plateau that negates the desire for national and regional regulations

3. A synopsis of the international regulatory regime of shipping and its benefits
The freedom of movement of ships:
.1 Evolution
.2 Tradition
Sustaining the freedom of movement of ships:
.1 International standards
.2 Implementing those standards

4. National and regional imposition in the regulatory space
The Oil Pollution Act (OPA 90):
A response to a national shipping disaster with profound international reach (unlimited liability for pollution damage; double hull tankers)
The Erika Packages:
A response to a shipping disaster with a regional dimension (using existing international standards for uniform regional enforcement of international shipping)

5. National imposition in the regulatory space (Ballast Water Management Convention)
Revised Guidelines G(8) (BWM)
USCG ETV Protocol
Test in three salinities Marine, Brackish, Fresh
3 consecutive successful and valid shipboard tests
All tests reported
Testing independent of manufacturer or vendor
Operation, Maintenance and Safety manuals
Holding time 5 days. However Administration may require less subject to regrowth requirements
Test in three salinities Marine, Brackish, Fresh
5 consecutive successful and valid shipboard tests
All official test must be reported
Independent Laboratories
Operation, Maintenance and Safety Manuals
Holding time 1 day max

6. Regional imposition in the regulatory space (Comparison table EU MRV- IMO DCS) [GHG/CO2]
IMO Fuel Oil DCS
Scope of application
All applicable ships of 5,000 GT and above
Restricted to commercial voyages to, from and in-between EU ports
All ships 5,000 GT and above
All voyages
Data to be monitored/ collected/
reported
Fuel consumption (port/sea)
Transport work
Distance travelled
Time at sea
Cargo carried
Average energy efficiency
Fuel oil consumption and type of fuel
Design deadweight
Distance travelled over ground
Time (“hours underway”)
Measurement methods
Bunker fuel delivery notes
Fuel tank sounding
Flow meters
Direct emission measurement
Bunker delivery notes
Fuel oil monitoring on board
Direct emission measurement*
Reporting
Ship’s company reports verified data to EC
Ship reports data to Administration or any organization duly authorized by it
Verifier
Verifier accredited by European national accreditation bodies
Administration or any organization duly authorized by it
Centralized database
‘THETIS MRV’ operated by EMSA
Ship Fuel Oil Consumption Database managed by IMO
Publication
Individual ship reporting data information available to the public
Anonymized data will be made available to MARPOL Annex VI Parties
EU MRV - data monitoring and reporting requirements:
Port of departure and port of arrival including the date and hour of departure and arrival
Aggregated annual CO2 emissions from all voyages between, from
and to ports under a Member
State's jurisdiction during the reporting period CO2 emissions which occurred within ports under a Member State's jurisdiction whilst at berth
Details of the method used for emissions monitoring Technical efficiency of the ship (EEDI or EIV as applicable)
Vessel identification Total annual amount/weight of cargo carried
Annual average efficiency (e.g. EEOI, fuel consumption per distance and cargo carried)
Total annual fuel consumption
Total CO2 emitted
Total distance travelled
Total time spent at sea and at berth
Verification information
The EU MRV generated the creation of a EU Monitoring Plan (MP), whereas the IMO Fuel Oil Data Collection System is included in the SEEMP (part 2)
One important difference is that the EU MRV takes into account the transport work (based on actual cargo carried), but it is restricted to or from EU voyages
Direct Emission Measurement is identified in the SEEMP Guidelines but it is clearly stipulated that it is not a requirement under regulation 22A of MARPOL Annex VI

7. Regional initiatives to enhance implementation of IMO requirements – Helsinki Commission (HELCOM) 9 States
Baltic Sea has proven to be a successful story of implementing an integrated regional approach in the wider context of IMO global regulatory regime:
Special areas designated under MARPOL Annexes I, IV and V
Emission Control areas under MARPOL Annex VI
PSSA designated in 2005
Over the years, the Baltic Sea has proven to be a successful story of implementing an integrated regional approach in the wide context of IMO global regulatory regime, by using the best available knowledge and technology, acting at the most suitable scale, and establishing effective mechanisms for cross-sectorial cooperation.
The Baltic Sea is environmentally fragile due to its shallow, semi-closed waters and densely populated shores. When the concept of “Special Area” was first created in MARPOL, the Baltic Sea was designated as a special area under Annexes I and V, where far-reaching prohibitions and restrictions on any discharge into the sea of oil or oily mixtures and garbage have been introduced.
More recently, the nine Baltic Sea States worked closely with the IMO fellow Member States and the industry to address the problem of eutrophication, one of the main threats to biodiversity in the Baltic Sea. This resulted in the designation of Baltic Sea as the first ever special area under MARPOL Annex IV and the adoption of more stringent sewage discharge requirements for passenger ships operating in the region, in particular, with regard to the nitrogen and phosphorus limits.
Moreover, MEPC 71 designated the Baltic Sea as an Emission Control Area for NOx, following the successful implementation of more stringent requirements for SOx since 2006.
I should also mention that the Baltic Sea Area was designated as a PSSA in 2005 which provides another layer of protection.

8. Regional initiatives to enhance implementation of IMO requirements – Other regional initiatives
The Parties to the Barcelona Convention established the first regional seas programme and adopted the Mediterranean Action Plan have undertaken measures to implement MARPOL and OPRC Conventions.
COCATRAM on behalf of the Regional Cooperation in Maritime Affairs of Central America and the Dominican Republic (ROCRAM-CA) signed a Memorandum of Understanding with IMO regarding cooperation among governments for effective implementation of global maritime standards of IMO and maritime strategies adopted by ROCRAM-CA.
Port State Control Memorandum of Understanding

9. Regional initiatives to enhance implementation of IMO requirements – IMO codifying regional dimension
The Estonia casualty 1994 – Led to the 1996 Stockholm Agreement
The Marine Environment Protection Committee at MEPC 68 accepted the Regional Reception Facilities Plan for Small Island Developing States in the Pacific Region.

10. Achieving a regulatory and implementation plateau that negates the desire for national and regional regulations (IMO instruments)
Some 50 IMO Conventions and Protocols
Hundreds of codes, guidelines and recommendations
Almost every aspect of shipping covered:
Design
Construction
Equipment
Maintenance
Crew

11. Achieving a regulatory and implementation plateau that negates the desire for national and regional regulations (Rising trade)
Review of Maritime Transport 2015 (UNCTAD/RMT/2015)

12. Achieving a regulatory and implementation plateau that negates the desire for national and regional regulations (Ship losses over the years - declining)
1966 to 1985: more than 300 ships lost annually.
1990: under 200; 2000: 167 lost.
85 ships lost worldwide in 2015, down 3% year-on-year, according to Allianz Safety & Shipping Review 2016.

13. Achieving a regulatory and implementation plateau that negates the desire for national and regional regulations (Statistics – oil spills declined)
Seaborne oil trade and number of tanker spills 7 tonnes and over, 1970 to 2015 (Crude and Oil Product*) Data source: UNCTADStat

14. International Maritime Organization
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