CQD World Wire - Update TBT

CQD Journal for the Maritime Environment Industry
Volume 5, #5 - July 1999,
Copyright 1999 Miller Associates, Inc.

imo logoLondon, June 28 - July 2, 1999 - Summation of the 43rd Marine Environmental Protection Committee (MEPC) meeting:

CQD Journal for the Maritime Environment Industry provides the following summation of the 43rd session of the International Maritime Organization's (IMO) MEPC meeting convened June 28th to July 2nd, 1999.  Comments are based upon interviews with participants, delegates and interested parties.  For economies of space and time, we report on the significant findings pertinent to our audience of educated mariners, scientists and others.  CQD welcomes comments and suggestions of readers concerned with particular issues. A listing of the agenda items covered at MEPC 43 follow.


The official US summation by the US delegation can be found at:

www.uscg.mil/hq/g-m/mso4/mepcmessage43.htm

The IMO summation will be found at www.imo.org

Note - Due to problems with their server, the IMO site has not updated to reflect MEPC 43.  In the interim, they have allowed CQD Journal to forward copies of the MEPC briefing via email.  Send requests to mailto:emma97@bellatlantic.net

Harmful effects of the use of anti-fouling paints- Working Group

Harmful organisms in ballast water - Working Group

Reports of sub-committees - GESAMP

Other Agenda Items


Picture

Ship's gear can be kept clear of marine fouling (seen here) by using antifoulant paints.  Environmental groups want to ban paints containing the biocide tributyltin or TBT.
Photo courtesy John Lewis

Anti-fouling paints - last minute efforts propel TBT ban towards next step:

A late vote by the committee found 50% of the delegates in favor of keeping to the current ban dates for tributyltin (TBT) of 01/01/03 and 01/01/08. The working group had reported insufficient progress towards recommending a diplomatic conference, but a last minute voice vote of the entire council overrode the working group's caution.  

Developing antifoulant guidelines may now proceed to the next step in the IMO regulatory process, a diplomatic conference in 2000 or 2001. In a conference, the regulations are debated and if approved, are passed to the General Assembly and eventually to individual member nations for ratification.  Any IMO legislation that may potentially effect MARPOL 73/78 must pass through this rigorous process.

Supporters of the ban on TBT antifoulants convinced the MEPC to allow preliminary approval to send the current debate into a diplomatic conference.  The IMO Council will decide in November whether enough progress has been made to warrant the conference.

Both sides of the debate were pleased that a draft legal instrument, based upon the United States draft proposal, was chosen.  Opponents of the current plan believe the proposal highlights the fact that many issues have yet to be debated. Critical concerns such as enforcement, standardizing detection limits and definition of key concepts such as "application" and "antifoulant" remain to be discussed. 

Proponents feel each step brings them closer towards meeting the target date of Jan. 1, 2003 when the application of TBT biocide based paints will be prohibited worldwide.


Ballast Water Working Group

Another working group at MEPC 43, the ballast water working group was unable to document notable progress.  Unlike the antifoulants group, the delegates agreed NOT to recommend to council that a diplomatic conference be convened in the 2000-2001 biennium.

CDR. Scott Newsham of the USCG is a member of the ballast water working group.  He said the group is "moving forward", but not enough progress was made to hope for a diplomatic conference.  The group will not likely produce a formal agreement before 2002-2003.

Ship's ballast water has been used by commercial vessels for decades to transit from port to port.  PictureStowaways such as Gobys (pictured here), zebra mussels, comb jellyfish and others have been known to cause hundreds of millions of dollars in damage when released in non-native port waters.

The IMO established guidelines for voluntary ballast water managment and is currently working on a worldwide regulatory program.

Photo courtesy NOAA archives

IMO and many member nations have already adopted voluntary guidelines for ballast water exchange at sea.  However, this working group is hammering out definitive international ballast water management practices encompassing alternative methodologies.  The currently accepted practice is to exchange coastal fresh water ballast for open ocean salt water, when feasible.  CDR. Newsham said difficulties lie in finding a standard by which all technologies can be evaluated fairly.

Dr. Stephan Gollasch, German delegate and scientific advisor, felt key issues need further discussion.  For instance "what level of tolerance is acceptable in judging the effectiveness of ballast water technologies?"  Alternative methods such as filtration, cyclonic separation,  biocide and UV treatment show promise, however full delegation acceptance is uncertain.  As an invited speaker, Gollasch was pleased with the apparent success of a pre-committee symposium on ballast water management. The symposium was initiated and chaired by the Australian delegation.

With so much at stake, the committee seems to be heading in a proper direction, albeit progress appears sluggish.  The group is making policy and technical judgements aimed at developing an international plan of action.  Solutions to that plan may have to be vessel specific, i.e. different schemes for bulkers than for tankers, and/or regionally specific, reflecting the diverse vulnerabilities of different trade routes.

The MEPC has yet to decide whether proposed ballast water regulations will involve amending existing Annexes to MARPOL 73/78, adding a new Annex, or creating an entirely new Convention on ballast water management.


Reports of sub-committees:

GESAMP scientific group suffers budgetary setback-

CQD Journal #4.5 (November 1998) and #5.2 (June 1999) reported on the Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP) and their task of re-profiling close to 600 hazardous chemicals carried via ships.  To complete this daunting task in the allocated three year time frame, GESAMP had requested an addition to its budget in the amount of GBP167,400 .

The GESAMP Sub-Committee had felt the additional funds were warranted as the Hazard profiles were of "paramount importance for the re-categorization of chemical substances and the revision of MARPOL Annex II"(Report 8/6 to MEPC 43, pg 3).

Apparently the MEPC did not agree.  The committee decided NOT to ask for a budget increase for the Annex II revision.  According to the US summation, "strong US intervention" prevented the allocation of requested funds.

By failing to authorize additional funding, MEPC recognized no extra meetings nor additional resources would be available and the revision of Annex II will be delayed. Dr. Peter Wells of Canada, current GESAMP chair, points out "GESAMP is a volunteer group and the extent of the work far outstrips the resources."  He expressed disappointment in the MEPCs decision and noted "the work won't get done."GESAMP will have its' solo annual meeting this August in London


Other Agenda Items in brief:

  • MEPC decided large tankers carrying environmentally persistent oil such as heavy fuel oil should be subject to the same stringent restrictions placed upon crude oil tankers.
  • A draft resolution to determine Particularly Sensitive Sea Areas was approved.
  • A number of amendments to the International Code for the Construction and Equipment of Ships  carrying Dangerous Chemicals in Bulk (IBC Code) were adopted.
  • Amendments to MARPOL Annex III were approved including deleting tainting as a "sole" marine pollution criteria.
  • Guidelines on the sulphur content of marine fuels were approved.
  • Inadequacy of reception facilities was addressed and guidelines will be developed to meet that problem.
  • Scrapping and/or recycling of ships will be a topic of concern for future MEPC meetings.
  • Members at MEPC 43 agreed to promote programs aimed at increasing environmental awareness in youth.

The next MEPC meeting (44) will be held March 6-10, 2000.

 In conjunction with MEPC 44, a diplomatic conference to adopt a revised Hazardous and Noxious Substances Protocol will be held.  The purpose of the protocol will be to foster international cooperation in dealing with major marine pollution incidents. Ships carrying hazardous and noxious liquid substances will be directly influenced by these changes.


CQD Journal for the Maritime Environment Industry is published by E.M. Miller Associates, Inc., Florham Park, NJ.  www.cqdjournal.com    All rights reserved.  Copyright 1999.

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