RESOLUTION MEPC.331(76)
(adopted on 17 June 2021)
AMENDMENTS TO THE INTERNATIONAL CONVENTION ON THE CONTROL OF
HARMFUL ANTI-FOULING SYSTEMS ON SHIPS, 2001
Amendments to Annexes 1 and 4
(Controls
on cybutryne and form of the International Anti-fouling System Certificate)
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
RECALLING Article 38(a) of the Convention on the International
Maritime Organization concerning the functions of the Marine Environment
Protection Committee conferred upon it by international conventions for the
prevention and control of marine pollution from ships,
RECALLING ALSO article 16 of the International Convention on the
Control of Harmful Anti-fouling Systems on Ships, 2001 (the AFS Convention),
which specifies the amendment procedure and confers upon the Marine Environment
Protection Committee of the Organization the function of considering amendments
thereto for adoption by the Parties,
HAVING CONSIDERED, at its seventy-sixth session, proposed
amendments to the AFS Convention regarding controls on cybutryne and the form
of the International Anti-fouling System Certificate,
1 ADOPTS, in
accordance with article 16(2)(c) of the AFS Convention, amendments to Annexes 1
and 4, the text of which is set out in the annex to the present resolution;
2 DETERMINES, in
accordance with article 16(2)(e)(ii) of the AFS Convention, that the amendments
shall be deemed to have been accepted on 1 July 2022 unless prior to that date
more than one third of the Parties have notified the Secretary-General that
they object to the amendments;
3 INVITES the
Parties to note that, in accordance with articles 16(2)(f)(ii) and (iii) of the
AFS Convention, the said amendments shall enter into force on 1 January 2023
upon their acceptance in accordance with paragraph 2 above;
4 INVITES ALSO the
Parties to remind ships that fly their flag and that are confirmed to be
affected by the amendments to Annex 1 to the AFS Convention adopted through the
present resolution to make a timely request for a survey for the issuance of an
International Anti-fouling System Certificate, in the amended model form
adopted through the present resolution, using the procedure outlined in
paragraphs 4 and 5.3 of the annex to resolution MEPC.195(61), as may be amended by the
Organization, so that ships have a valid International Anti-fouling System
Certificate on board not later than 24 months after the entry into force of the
amendments to Annex 1 to the AFS Convention adopted through the present
resolution;
5 INVITES FURTHER
the Parties to issue new International Anti-fouling System Certificates, in the
amended model form adopted through the present resolution, at the next
anti-fouling system application, in the case of ships that are confirmed not to
be affected by the amendments to Annex 1 to the AFS Convention adopted through
the present resolution;
6 REQUESTS the
Secretary-General, for the purposes of article 16(2)(d) of the AFS Convention,
to transmit certified copies of the present resolution and the text of the
amendments contained in the annex to all Parties to the AFS Convention;
7 REQUESTS ALSO the
Secretary-General to transmit copies of the present resolution and its annex to
Members of the Organization which are not Parties to the AFS Convention;
8 REQUESTS FURTHER
the Secretary-General to prepare a consolidated certified text of the AFS
Convention.
ANNEX
AMENDMENTS TO THE INTERNATIONAL CONVENTION ON THE CONTROL OF
HARMFUL ANTI-FOULING SYSTEMS ON SHIPS, 2001
Annex 1
Controls on anti-fouling systems
1 The following rows
are added to the table in Annex 1 to the 2001 AFS Convention:
"
Anti-fouling system |
Control measures |
Application |
Effective date |
Cybutryne
CAS No. 28159-98-0 |
Ships
shall not apply or re-apply anti-fouling systems containing this substance |
All
ships |
1
January 2023 |
Cybutryne
CAS No. 28159-98-0 |
Ships bearing an
anti-fouling system that contains this substance in the external coating
layer of their hulls or external parts or surfaces on 1 January 2023 shall
either: (1) remove the
anti-fouling system; or (2) apply a coating
that forms a barrier to this substance leaching from the underlying
non-compliant anti-fouling system |
All ships except: (1) fixed and
floating platforms, FSUs, and FPSOs that have been constructed prior to 1
January 2023 and that have not been in dry-dock on or after 1 January 2023; (2) ships not
engaged in international voyages; and (3) ships of less
than 400 gross tonnage engaged in international voyages, if accepted by the
coastal State(s) |
At
the next scheduled renewal of the anti-fouling system after 1 January 2023,
but no later than 60 months following the last application to the ship of an
anti-fouling system containing cybutryne |
"