INTERNATIONAL CONVENTION
ON
THE CONTROL OF
HARMFUL ANTI-FOULING SYSTEMS
ON SHIPS, 2001
(London,
05.10.2001)
THE
PARTIES TO THIS CONVENTION,
NOTING
that scientific studies and investigations by Governments and competent
international organizations have shown that certain anti-fouling systems used
on ships pose a substantial risk of toxicity and other chronic impacts to
ecologically and economically important marine organisms and also that human
health may be harmed as a result of the consumption of affected seafood,
NOTING
IN PARTICULAR the serious concern regarding anti-fouling systems that use
organotin compounds as biocides and being convinced that the introduction of
such organotins into the environment must be phased-out,
RECALLING
that Chapter 17 of Agenda 21 adopted by the United Nations Conference on
Environment and Development, 1992, calls upon States to take measures to reduce
pollution caused by organotin compounds used in anti-fouling systems,
RECALLING
ALSO that resolution A.895(21), adopted by the Assembly of the International
Maritime Organization on 25 November 1999, urges the Organization's Marine
Environment Protection Committee (MEPC) to work towards the expeditious
development of a global legally binding instrument to address the harmful
effects of anti-fouling systems as a matter of urgency,
MINDFUL
OF the precautionary approach set out in Principle 15 of the Rio Declaration on
Environment and Development and referred to in resolution MEPC.67(37) adopted
by MEPC on 15 September 1995,
RECOGNIZING
the importance of protecting the marine environment and human health from
adverse effects of anti-fouling systems,
RECOGNIZING
ALSO chat the use of anti-fouling systems to prevent the buildup of organisms
on the surface of ships is of critical importance to efficient commerce,
shipping and impeding the spread of harmful aquatic organisms and pathogens,
RECOGNIZING
FURTHER the need to continue to develop anti-fouling systems which arc
effective and environmentally safe and to promote the substitution of harmful
systems by less harmful systems or preferably harmless systems.
HAVE
AGREED as follows:
Article 1.
General Obligations
(1)
Each Party to this Convention undertakes to give full and complete effect to
its provisions in order to reduce or eliminate adverse effects on the marine
environment and human health caused by anti-fouling systems.
(2)
The Annexes form an integral part of this Convention. Unless expressly provided
otherwise, a reference to this Convention constitutes at the same time a
reference to its Annexes.
(3)
No provision of this Convention shall be interpreted as preventing a State from
taking, individually or jointly, more stringent measures with respect to the
reduction or elimination of adverse effects of anti-fouling systems on the
environment, consistent with international law.
(4)
Parties shall endeavour to cooperate for the purpose of effective
implementation, compliance and enforcement of this Convention.
(5)
The Parties undertake to encourage the continued development of anti-fouling
systems that are effective and environmentally safe.
For
the purposes of this Convention, unless expressly provided otherwise:
(1)
"Administration" means the Government of the State under whose authority
the ship is operating. With respect to a ship entitled to fly a Hag of a State,
the Administration is the Government of that State. With respect to fixed or
floating platforms engaged in exploration and exploitation of the seabed and
subsoil thereof adjacent to the coast over which me coastal State exercises
sovereign rights for the purposes of exploration and exploitation of their
natural resources, the Administration is the Government of the coastal State
concerned.
(2)
"Antifouling system" means a coating, paint, surface treatment,
surface, or device that is used on a ship to control or prevent attachment of
unwanted organisms.
(3)
"Committee" means the Marine Environment Protection Committee of the
Organization.
(4)
"Gross tonnage" means the gross tonnage calculated in accordance with
the tonnage measurement regulations contained in Annex 1 to the International
Convention on Tonnage Measurement of Ships, 1969, or any successor Convention.
(5)
"International voyage" means a voyage by a ship entitled to fly the
flag of one State to or from a port, shipyard, or offshore terminal under the
jurisdiction of another State.
(6)
"Length" means the length as defined in me International Convention
on Load Lines, 1966, as modified by the Protocol of 1988 relating thereto, or
any successor Convention.
(7)
"Organization" means the International Maritime Organization.
(8)
"Secretary-General" means the Secretary-General of the Organization.
(9)
"Ship" means a vessel of any type whatsoever operating in the marine
environment and includes hydrofoil boats, aircushion vehicles, submersibles,
floating craft, fixed or floating platforms, floating storage units (FSUs) and
floating production storage and offloading units (FPSOs).
(10)
"Technical Group" is a body comprised of representatives of the
Parties, Members of the Organization, the Untied Nations and its Specialized
Agencies, intergovernmental organizations having agreements with the
Organization, and nongovernmental organizations in consultative status with the
Organization, which should preferably include representatives of institutions
and laboratories that engage in anti-fouling system analysis. These
representatives shall have expertise in environmental fate and effects,
toxicological effects, marine biology, human health, economic analysis, risk
management, international shipping, anti-fouling systems coating technology, or
other fields of expertise necessary to objectively review the technical merits
of a comprehensive proposal.
(1)
Unless otherwise specified in this Convention, this Convention shall apply to:
(a) ships entitled to fly
the flag of a Party;
(b) ships not entitled to
fly the flag of a Party, but which operate under the authority of a Party; and
(c) ships that enter a port,
shipyard, or offshore terminal of a Party, but do not fall within subparagraph
(a) or (b).
(2)
This Convention shall not apply to any warships, naval auxiliary, or other
ships owned or operated by a Party and used, for the time being, only on government
noncommercial service.
However,
each Party shall ensure, by the adoption of appropriate measures not impairing
operations or operational capabilities of such ships owned or operated by it,
that such ships act in a manner consistent, so far as is reasonable and
practicable, with this Convention.
(3)
With respect to the ships of non-Parties to this Convention. Parties shall
apply the requirements of this Convention as may be necessary to ensure that no
more favourable treatment is given to such ships.
Article 4.
Controls on Anti-Fouling Systems
(1)
In accordance with the requirements specified in Annex 1, each Party shall
prohibit and/or restrict:
(a) the application,
reapplication, installation, or use of harmful anti-fouling systems on ships referred
to in article 3(1)(a) or (b); and
(b) the application,
reapplication, installation or use of such systems, whilst in a Party's port,
shipyard, or offshore terminal, on ships referred to in article 3(1)(c), and
shall take effective measures to ensure that such ships comply with those
requirements.
(2)
Ships bearing an anti-fouling system which is controlled through an amendment
to Annex 1 following entry into force of this Convention may retain that system
until the next scheduled renewal of that system, but in no event for a period
exceeding 60 months following application, unless the Committee decides that
exceptional circumstances exist to warrant earlier implementation of the
control.
Article 5.
Controls of Annex 1 Waste Materials
Taking
into account international rules, standards and requirements, a Party shall
take appropriate measures in its territory to require that wastes from thee
application or removal of an anti-fouling system controlled in Annex 1 are
collected, handled, treated and disposed of in a safe and environmentally sound
manner to protect human health and the environment.
Article 6.
Process for Proposing Amendments to Controls on Anti-Fouling Systems
(1)
Any Party may propose an amendment to Annex 1 in accordance with this article.
(2)
An initial proposal shall contain the information required in Annex 2, and
shall be submitted to the Organization. When the Organization receives a
proposal, it shall bring the proposal to the attention of the Parties, Members
of the Organization, the United Nations and its Specialized Agencies,
intergovernmental organizations having agreements with the Organization and
nongovernmental organizations in consultative status with the Organization and
shall make it available to them.
(3)
The Committee shall decide whether the anti fouling system in question warrants
a more in-depth review based on the initial proposal. If the Committee decides
that further review is warranted, it shall require the proposing Party to
submit to the Committee a comprehensive proposal containing the information
required in Annex 3, except where the initial proposal also includes all the
information required in Annex 3. Where the Committee is of the view that there
is a threat of serious or irreversible damage, lack of full scientific
certainty shall not be used as a reason to prevent a decision to proceed with
the evaluation of the proposal. The Committee shall establish a technical group
in accordance with article 7.
(4)
The technical group shall review the comprehensive proposal along with any
additional data submitted by any interested entity and shall evaluate and
report to the Committee whether the proposal has demonstrated a potential for
unreasonable risk of adverse effects on non-target organisms or human health such
that the amendment of Annex 1 is warranted. In this regard:
(a) The technical group's
review shall include:
(i) an evaluation of the
association between the anti-fouling system in question and the related adverse
effects observed either in the environment or on human health, including, but
not limited to, the consumption of affected seafood, or through controlled
studies based on the data described in Annex 3 and any other relevant data
which come to light;
(ii) an evaluation of the
potential risk reduction attributable to the proposed control measures and any
other control measures that may be considered by the technical group;
(iii)consideration of
available information on the technical feasibility of control measures and the
cost-effectiveness of the proposal;
(iv) consideration of
available information on other effects from the introduction of such control
measures relating to:
- the environment
(including, hut not limited to, the cost of inaction and the impact on air
quality);
- shipyard health and safety
concerns (i.e. effects on shipyard workers);
- the cost to international
shipping and other relevant sectors; and
(v) consideration of the
availability of suitable alternatives, including a consideration of the
potential risks of alternatives.
(b) The technical group's
report shall be in writing and shall take into account each of the evaluations
and considerations referred to in subparagraph (a), except that the technical
group may decide not to proceed with the evaluations and consideration described
in subparagraph (a)(ii) through (a)(v) if it determines after the evaluation in
subparagraph (a)(i) that the proposal does not warrant further consideration.
(c) The technical group's
report shall include, inter alia, a recommendation on whether international
controls pursuant to this Convention are warranted on the anti-fouling system
in question, on the suitability of the specific control measures suggested in
the comprehensive proposal, or on other control measures which it believes to
be more suitable.
(5)
The technical group's report shall be circulated to the Parties, Members of the
Organization, the United Nations and its Specialized Agencies,
intergovernmental organizations having agreements with the Organization and
nongovernmental organizations in consultative status with the Organization,
prior to its consideration by the Committee. The Committee shall decide whether
to approve any proposal to amend Annex 1, and any modifications thereto, if
appropriate, taking into account the technical group's report. If the report
finds a threat of serious or irreversible damage, lack of full scientific
certainty shall not, itself, be used as a reason to prevent a decision from
being taken to list an anti-fouling system in Annex 1. The proposed amendments
to Annex 1, if approved by the Committee, shall be circulated in accordance
with article 16(2)(a). A decision not to approve the proposal shall not
preclude future submission of a new proposal with respect to a particular
anti-fouling system if new information comes to light.
(6)
Only Parties may participate in decisions taken by the Committee described in
paragraphs (3) and (5).
(1)
The Committee shall establish a technical group pursuant to article 6 when a
comprehensive proposal is received. In circumstances where several proposals
arc received concurrently or sequentially, the Committee may establish one or
more technical groups as needed.
(2)
Any Party may participate in the deliberations of a technical group, and should
draw on the relevant expertise available to that Party.
(3)
The Committee shall decide on the terms of reference, organization and
operation of the technical groups. Such terms shall provide for protection of
any confidential information that may be submitted. Technical groups may hold
such meetings as required, but shall endeavour to conduct their work through
written or electronic correspondence or other media as appropriate.
(4)
Only the representatives of Parties may participate in formulating any
recommendation to the Committee pursuant to article 6. A technical group shall
endeavour to achieve unanimity among the representatives of the Parties. If
unanimity ii not possible, the technical group shall communicate any minority
views of such representatives.
Article 8.
Scientific and Technical Research and Monitoring
(1)
The Parties shall take appropriate measures to promote and facilitate
scientific and technical research on the effects of anti-fouling systems as
well as monitoring of such effects. In particular, such research should include
observation, measurement, sampling, evaluation and analysis of the effects of
anti-fouling systems.
(2)
Each Party shall, to further the objectives of this Convention, promote the
availability of relevant information to other Parties who request it on:
(a) scientific and technical
activities undertaken in accordance with this Convention;
(b) marine scientific and
technological programmes and their objectives; and
(c) the effects observed
from any monitoring and assessment programmes relating to anti-fouling systems.
Article 9.
Communication and Exchange of Information
(1)
Each Party undertakes to communicate to the Organization:
(a) a list of the nominated
surveyors or recognized organizations which are authorized to act on behalf of
that Party in the administration of matters relating to the control of
anti-fouling systems in accordance with this Convention for circulation to the
Parties for the information of their officers. The Administration shall therefore
notify the Organization of the specific responsibilities and conditions of the
authority delegated to nominated surveyors or recognized organizations; and
(b) on an annual basis,
information regarding any anti-fouling systems approved, restricted, or
prohibited under its domestic law.
(2)
The Organization shall make available, through any appropriate means,
information communicated to it under paragraph (1).
(3)
For those anti-fouling systems approved, registered or licensed by a Party,
such Party shall either provide, or require the manufacturers of such
anti-fouling systems to provide, to those Parties which request it, relevant
information on which its decision was based, including information provided for
in Annex 3, or other information suitable for making an appropriate evaluation
of the anti-fouling system. No information shall be provided that is protected
by law.
Article 10.
Survey and Certification
A
Party shall ensure that ships entitled to fly its flag or operating under its
authority are surveyed and certified in accordance with the regulations in
Annex 4.
Article 11.
Inspections of Ships and Defection of Violations
(1)
A ship to which this Convention applies may, in any port, shipyard, or offshore
terminal of a Party, be inspected by officers authorized by that Party for the
purpose of determining whether the ship is in compliance with this Convention.
Unless there are clear grounds for believing that a ship is in violation of
this Convention, any such inspection shall be limited to:
(a) verifying that, where
required, there is onboard a valid International Antifouling System Certificate
or a Declaration on Antifouling System; and/or
(b) a brief sampling of the
ship's anti-fouling system that docs not affect the integrity, structure, or
operation of the anti-fouling system taking into account guidelines developed
by the Organization*. However, the time required to process the results of such
sampling shaft not he used as a basis for preventing the movement and departure
of the ship.
______________
* Guidelines to developed.
(2)
If there arc clear grounds to believe that the ship is in violation of this
Convention, a thorough inspection may be carried out taking into account
guidelines developed by the Organization.*
______________
* Guidelines to developed.
(3)
If the ship is detected to be in violation of this Convention, the Party
carrying out the inspection may take steps to warn, detain, dismiss, or exclude
the ship from its ports. A Party taking such action against a ship for the
reason that the ship does not comply with this Convention shall immediately
inform the Administration of the ship concerned.
(4)
Parties shall cooperate in the detection of violations and the enforcement of
this Convention. A Party may also inspect a ship when it enters the ports,
shipyards, or offshore terminals under its jurisdiction, if a request for an
investigation is received from any Party, together with sufficient evidence
that a ship is operating or has operated in violation of this Convention. The
report of such investigation shall be sent to the Party requesting it and to
the competent authority of the Administration of the ship concerned so that the
appropriate action may be taken under this Convention.
(1)
Any violation of this Convention shall be prohibited and sanctions shall he
established therefor under the law of the Administration of the ship concerned
wherever the violation occurs. If the Administration is informed of such a
violation, it shall investigate the matter and may request the reporting Party
to furnish additional evidence of the alleged violation. If the Administration
is satisfied that sufficient evidence is available to enable proceedings to be
brought in respect of the alleged violation, it shall cause such proceedings to
be taken as soon as possible, in accordance with ifs laws. The Administration
shall promptly inform the Party that reported the alleged violation, as well as
the Organization, of any action taken. If the Administration has not taken any
action within one year after receiving the information, it shall so inform the
Party which reported the alleged violation.
(2)
Any violation of this Convention within the jurisdiction of any Party shall be
prohibited and sanctions shall be established therefor under the law of that
Party. Whenever such a violation occurs, that Party shall either:
(a) cause proceedings to be
taken in accordance with its taw; or
(b) furnish to the
Administration of the ship concerned such information and evidence as may be in
its possession that a violation has occurred.
(3)
The sanctions established under the laws of a Party pursuant to this article
shall be adequate in severity to discourage violations of this Convention
wherever they occur.
Article 13.
Undue Delay or Detention of Ships
(1)
All possible efforts shall be made to avoid a ship being unduly detained or
delayed under article 11 or 12.