1 international convention on the control of harmful systems on ships huang tianbing marine...

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International Convention on the Control International Convention on the Control of Harmful Systems on Shipsof Harmful Systems on Ships

Huang TianbingHuang Tianbing

Marine Biosafety SectionMarine Biosafety Section

Bangkok, June 2009Bangkok, June 2009

Views expressed in this presentation are those of the author and should not Views expressed in this presentation are those of the author and should not be construed as necessarily reflecting the views of IMO or its Secretariatbe construed as necessarily reflecting the views of IMO or its Secretariat.

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International Convention on the International Convention on the Control of Harmful Systems on Ships Control of Harmful Systems on Ships

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AFS ConventionAFS Convention Current Status Current Status

Adopted in 5 October 2001Adopted in 5 October 2001

EnteredEntered into force on 17 into force on 17 September 2008September 2008

39 Parties39 Parties, representing about , representing about 67.82% of the world’s merchant 67.82% of the world’s merchant fleetsfleets

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AFS ConventionAFS Convention

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AFS ConventionAFS Convention

Main content:

– requirements on phasing out the use of harmful organotin compounds (TBT) as biocides in anti-fouling paints;

– requirements on disposal of wastes from the removal of TBT-based paints in a safe and environmentally sound manner;

– establishment of a mechanism to prevent the potential future use of other harmful substances in anti-fouling systems; and

– requirements on survey and certification for ships’ anti-fouling systems

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Key FeaturesKey Features

The Convention uses similar structure as other IMO The Convention uses similar structure as other IMO Conventions Conventions

Articles –legal and contractual provisions, principal Articles –legal and contractual provisions, principal technical requirements technical requirements

Regulations in Annexes—detailed technical Regulations in Annexes—detailed technical requirementsrequirements

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AFS ConventionAFS ConventionKey Features - Operative ArticlesKey Features - Operative Articles

Article 3 ApplicationArticle 3 ApplicationArticle 4 Controls on anti-fouling systemsArticle 4 Controls on anti-fouling systemsArticle 5 Controls of annex 1 waste materialsArticle 5 Controls of annex 1 waste materialsArticle 6 Process for proposing amendments to controls Article 6 Process for proposing amendments to controls

on anti-fouling systems on anti-fouling systemsArticle 7 Technical GroupsArticle 7 Technical GroupsArticle 8 Scientific and technical research and Article 8 Scientific and technical research and

monitoring monitoringArticle 9 Communication and exchange of informationArticle 9 Communication and exchange of informationArticle 10 Survey and certificationArticle 10 Survey and certificationArticle 11 Inspection of ships and detection of violationsArticle 11 Inspection of ships and detection of violationsArticle 12 ViolationsArticle 12 ViolationsArticle 13 Undue delay or detention of shipsArticle 13 Undue delay or detention of ships

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AFS ConventionAFS Convention Key Features - Non-operative Articles Key Features - Non-operative Articles

Article 1 General ObligationsArticle 1 General ObligationsArticle 2 DefinitionsArticle 2 Definitions

Article 14 Dispute settlementArticle 14 Dispute settlementArticle 15 Relationship to international lawArticle 15 Relationship to international lawArticle 16 AmendmentsArticle 16 AmendmentsArticle 17 Signature, ratification, acceptance, approval Article 17 Signature, ratification, acceptance, approval

and accessionand accessionArticle 18 Entry into forceArticle 18 Entry into forceArticle 19 DenunciationArticle 19 DenunciationArticle 20 DepositoryArticle 20 DepositoryArticle 21 LanguagesArticle 21 Languages

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AFS ConventionAFS Convention Key Features - Annexes Key Features - Annexes

Annex 1 – Controls on anti-fouling systemsAnnex 1 – Controls on anti-fouling systems

Annex 2 – Required elements for an initial proposalAnnex 2 – Required elements for an initial proposal

Annex 3 – Required elements of a comprehensive Annex 3 – Required elements of a comprehensive proposalproposal

Annex 4 – Surveys and certification requirements for Annex 4 – Surveys and certification requirements for anti-fouling systemsanti-fouling systems

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AFS ConventionAFS Convention Key Features - Conference Resolutions Key Features - Conference Resolutions

Early and Effective application of the AFSCEarly and Effective application of the AFSC

Future Work of the IMO relating to the AFSC - GuidelinesFuture Work of the IMO relating to the AFSC - Guidelines

Approval and Test methodologies for AF systemsApproval and Test methodologies for AF systems

Promotion of Technical Co-operation -ratification,Promotion of Technical Co-operation -ratification,

national legislation, training,…national legislation, training,…

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AFS ConventionAFS Convention Key Features - Guidelines Key Features - Guidelines

Survey and certification of anti-fouling systems Survey and certification of anti-fouling systems on ships, adopted by resolution MEPC.102(48);on ships, adopted by resolution MEPC.102(48);

Brief sampling of anti-fouling systems on ships, Brief sampling of anti-fouling systems on ships,

adopted by resolution MEPC.104(49); and adopted by resolution MEPC.104(49); and

Inspection of anti-fouling systems on ships, Inspection of anti-fouling systems on ships, adopted by resolution MEPC.105(49).adopted by resolution MEPC.105(49).

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AFS ConventionAFS Convention Article 3 - Application Article 3 - Application

(a) ships flying the flag of a (a) ships flying the flag of a Party;Party;

(b) ships not entitled to fly (b) ships not entitled to fly their flag but which their flag but which operate under their operate under their authority; andauthority; and

(c) to all ships that enter a (c) to all ships that enter a port, shipyard or port, shipyard or offshore terminal of a offshore terminal of a Party. (Art. 3)Party. (Art. 3)

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““Ship” means a vessel of any type whatsoever operating in Ship” means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft, fixed or cushion vehicles, submersibles, floating craft, fixed or floating platforms,floating platforms, floating storage units (FSUs) and floating storage units (FSUs) and floating production storage and off-loading units (FPSOs). floating production storage and off-loading units (FPSOs). (Article 2.9 of the Convention) (Article 2.9 of the Convention)

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Not applicable to any Not applicable to any warships, naval warships, naval auxiliary or other ships auxiliary or other ships owned or operated by owned or operated by a Party and used, for a Party and used, for the time being, only on the time being, only on government non-government non-commercial service. commercial service. Such ships should act Such ships should act in a manner consistent in a manner consistent with the Convention with the Convention (Art. 3)(Art. 3)

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AFS ConventionAFS Convention Article 4 - Controls Article 4 - Controls

Prohibits and/or restricts the use of harmful anti-fouling paints used on ships (Art. 4)

Anti-fouling systems to be Anti-fouling systems to be prohibited or controlled are prohibited or controlled are listed in listed in Annex 1Annex 1

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AFS ConventionAFS Convention Article 4 - Controls Article 4 - Controls

Ships bearing an anti-fouling system which is Ships bearing an anti-fouling system which is controlled through an amendment to Annex 1, controlled through an amendment to Annex 1, following entry into force of the Convention, may following entry into force of the Convention, may retain that system until the next scheduled retain that system until the next scheduled renewal of that system, but in no event for a renewal of that system, but in no event for a period exceeding 60 monthsperiod exceeding 60 months

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AFS ConventionAFS Convention Annex 1 - Controls Annex 1 - Controls

by 1/1/2003, do not apply or re-apply organotins compounds which act as biocides in anti-fouling systems (Partial ban );

by 1/1/2008 ships either (Total Ban):

- shall not bear such compounds on their hulls or external parts or surfaces; or

-shall bear a coating that forms a barrier to such compounds leaching from the underlying non-compliant anti-fouling systems

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how to interpret the wording:

“organotins compounds which act as biocides in anti-fouling systems”

does it mean total tin free in AFS ?

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Two options after total ban with regard to anti-fouling systems using organotin compound as biocides

1 Remove by sand-blasting or other equivalent methods;

2 Overcoating with a sealer

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Coatings industry is able to provide “sealer-coats”;

“sealer-coats” may not be appropriate for a particular ship ;

re-blasting a ship’s hull may be over four times the cost of applying a “sealer-coat”

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Why the Convention only provides for controls on anti-fouling systems as a “banned list under annex 1” and does not provide an “ approval list” ?

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ARTICLE 6 - Amending Annex 1 (Controls on ARTICLE 6 - Amending Annex 1 (Controls on anti-fouling systems)anti-fouling systems)

Annex 2 and 3 set out details that must be Annex 2 and 3 set out details that must be included in an initial and, if warranted by MEPC included in an initial and, if warranted by MEPC (Party States only), a comprehensive proposal (Party States only), a comprehensive proposal to be consideredto be consideredMEPC establishes technical group to review MEPC establishes technical group to review and report on comprehensive proposal and report on comprehensive proposal according to specific evaluation criteria (Art. 7)according to specific evaluation criteria (Art. 7)Report forwarded to all Member States before Report forwarded to all Member States before Committee, acting as a meeting of Parties, Committee, acting as a meeting of Parties, considers document - Parties only take considers document - Parties only take decisions decisions

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ARTICLE 6 - Amending Annex 1 (Controls on ARTICLE 6 - Amending Annex 1 (Controls on anti-fouling systems)anti-fouling systems)

Precautionary Approach Precautionary Approach

In order to protect the environment, the precautionary In order to protect the environment, the precautionary approach shall be widely applied by States according approach shall be widely applied by States according to their capabilities. Where there are threats of serious to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty or irreversible damage, lack of full scientific certainty shall not be used as a reason for posting cost-effective shall not be used as a reason for posting cost-effective measures to prevent environmental degradation. measures to prevent environmental degradation.

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ARTICLE 5 - Waste MaterialsARTICLE 5 - Waste Materials

…….a Party shall take .a Party shall take appropriate measures in appropriate measures in its territory to require that its territory to require that wastes from the application wastes from the application or removal of anti-fouling or removal of anti-fouling system controlled in Annex system controlled in Annex 1 be collected, handled, 1 be collected, handled, treated, and disposed of in treated, and disposed of in a safe and environmentally a safe and environmentally sound manner to protect sound manner to protect human health and the human health and the environmentenvironment

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ARTICLE 8 & 9ARTICLE 8 & 9

Parties shall promote Parties shall promote and facilitate scientific and facilitate scientific research and monitoring research and monitoring of effects of AF systemsof effects of AF systems

Promote availability of Promote availability of and undertake to and undertake to communicate and communicate and exchange information exchange information (nominated surveyors, (nominated surveyors, approved or registered approved or registered AF-systems etc)AF-systems etc)

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ARTICLE 10 - Survey and CertificationARTICLE 10 - Survey and Certification

A Party shall ensure that its A Party shall ensure that its ships or those under its ships or those under its authority are surveyed and authority are surveyed and certified in accordance with certified in accordance with regulations in Annex 4regulations in Annex 4

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ARTICLE 10 - Survey and CertificationARTICLE 10 - Survey and Certification

The Administration shall establish appropriate The Administration shall establish appropriate measures for ships that not subject to survey measures for ships that not subject to survey regulation in order to ensure that this regulation in order to ensure that this Convention is complied with Convention is complied with

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ARTICLE 11 - Inspections and detections of violationsARTICLE 11 - Inspections and detections of violations

May be carried out in any May be carried out in any Port, shipyard or offshore Port, shipyard or offshore terminal to determine terminal to determine compliance compliance – International AF System

Certificate or Declaration

– Brief Sampling (using Guideline)

– No delay

If grounds for violationIf grounds for violation– Thorough inspection (using

Guideline)

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ARTICLE 11 - Inspections and detections of violationsARTICLE 11 - Inspections and detections of violations

A brief sampling is included in the process of initial inspection;A brief sampling is included in the process of initial inspection;

The time required to process the result of such sampling The time required to process the result of such sampling shall not be used as a basis for preventing the shall not be used as a basis for preventing the movement and departure of the ship movement and departure of the ship

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ARTICLE 12 - ViolationsARTICLE 12 - Violations

Article 12 enables the Article 12 enables the Authority to prosecute Authority to prosecute offences against the Actoffences against the Act

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ARTICLE 13 - Undue delay or detention of shipsARTICLE 13 - Undue delay or detention of ships

(1)(1) All possible efforts shall be made to All possible efforts shall be made to avoid a ship being unduly detained or avoid a ship being unduly detained or delayed under article 11 or 12delayed under article 11 or 12

(2)(2) When a ship is unduly detained or When a ship is unduly detained or delayed under article 11 or 12, it shall be delayed under article 11 or 12, it shall be entitled to compensation for any loss or entitled to compensation for any loss or damage suffereddamage suffered

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ARTICLE 16 AmendmentsARTICLE 16 Amendments

Standard procedure with Standard procedure with MEPC acting as a Meeting MEPC acting as a Meeting of Parties of Parties

Articles– explicit Articles– explicit acceptance procedureacceptance procedure

Annexes—tacit acceptance Annexes—tacit acceptance procedure procedure

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Amendments to articles are subject to explicit Amendments to articles are subject to explicit acceptanceacceptance

11 amendments shall be adopted by a two-thirds amendments shall be adopted by a two-thirds majority of Parties present and voting;majority of Parties present and voting;

22 amendments shall be deemed to have been amendments shall be deemed to have been accepted on the date when at least two - accepted on the date when at least two - thirds of Parties have accepted it ;thirds of Parties have accepted it ;

33 the amendments shall enter into force the amendments shall enter into force after after certain period (six months ) after the date of certain period (six months ) after the date of

the acceptancethe acceptance..

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Amendments to annexes are subject to tacit acceptanceAmendments to annexes are subject to tacit acceptance

11 amendments shall be adopted by a two-thirds amendments shall be adopted by a two-thirds majority of Parties present and voting;majority of Parties present and voting;

22 amendments shall be deemed to have been amendments shall be deemed to have been accepted accepted after six months, unless by that date at after six months, unless by that date at least least one-third one-third of the Parties communicated of the Parties communicated objections;objections;

33 the amendments shall enter into force after certain the amendments shall enter into force after certain six months the date of the acceptance.six months the date of the acceptance.

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Other international conventionOther international convention

STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS

adopted in 2001 and entered into force 2004

requires Parties to take measures to eliminate or reduce the release of POPs into the environment

DDT (1,1,1-trichloro-2,2- bis(4-chlorophenyl)ethane)

CAS No: 50-29-3

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SummarySummary

AFSC ratification AFSC ratification accession entails legal, accession entails legal, technical and economic technical and economic commitments, commitments, but with but with long lasting environmental long lasting environmental benefitsbenefitsand greater access to and greater access to international technical co-international technical co-operation and assistanceoperation and assistance

Thank you for your attentionThank you for your attention

1 international convention on the control of harmful systems on ships huang tianbing marine...

Documents

antifouling systems

certification article

application article

amendments article

force article

definitions article

accession article

denunciation article