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WORLD MARITIME UNIVERSITY

WORLD MARITIME UNIVERSITY. MARINE ENVIRONMENTAL LAW - the CONVENTIONS Jan-Åke Jönsson April 2012. The International Maritime Organization is the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention

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WORLD MARITIME UNIVERSITY

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  1. WORLD MARITIME UNIVERSITY MARINE ENVIRONMENTAL LAW - the CONVENTIONS Jan-Åke Jönsson April 2012

  2. The International Maritime Organization is the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine and air pollution by ships. Ultimate goal: MARITIME SAFETY and SECURITY for the PROTECTION of HUMAN BEING, ENVIRONMENT, SHIP

  3. Maybe we need some kind of regulations to take care of all this?

  4. Maritime safety, security and clean oceans MARPOL MARPOL WORKING ENVIRINMENT CARGO BALLAST CREW SEAWORTHNESS STCW SOLAS ILO 147 ICLL

  5. For maritime safety, security and clean oceans CARGO BALLAST WORKING ENVIRINMENT SEAWORTHNESS CREW Prevention of Marine Pollution VOC SOx NOx Ship recycling Etc. Oil Harmful substances Sewage Garbage Ballast water Anti- fouling paints

  6. Article I General obligations under the Convention The Contracting Governments undertake to give effect to the provisions of the present Convention and those Annex thereto which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention Articles of MARPOL 1973/1978 Article II Application The present Convention shall apply to ships entitled to fly the flag of a Party to the Convention.

  7. Applicable instruments UNCLOS The legal framework United Nations Convention on the Law of the Sea of 10 December 1982 MARPOL 1973/1978, as amended SOLAS 1974, as amended STCW Convention 1978, as amended Ballast water management Anti-fouling systems Recycling of ships Dumping Conv OPRC / HNS

  8. United Nations Convention on the Law of the Sea of 10 December 1982 UNCLOS 1982 Part VII High seas Art. 92: Status of ships Art. 94: Duties of the Flag State Part XIIProtection and preservation of the marine environment Art. 211: Pollution from vessels Art. 217: Enforcement by flag State Art. 219: Measures relating to seaworthiness of vessels to avoid pollution

  9. UNCLOS Part XIIProtection and preservation of the marine environment • Art. 211: Pollution from vessels • States shall establishinternational rules and standards to prevent, reduce and control pollution of the marine environment from vessels. • 2. States shall adopt laws and regulations for the prevention, reduction and control of pollution of the marine environment from vessels flying their flag. Such laws and regulations shall at least have the same effect as that of generally accepted international rules and standards established through the competent international organization.

  10. UNCLOS Part XIIProtection and preservation of the marine environment Art. 211: Pollution from vessels 5. Coastal States, may in their exclusive economic zones adopt laws and regulations for the prevention, reduction and control of pollution from (foreign) vessels conforming to and givingeffect to generally accepted international rules and standards established through the competent international organization or general diplomatic conference. 6. If the coastal States intend to adopt additional laws and regulations for the prevention, reduction and control of pollution from vessels, they shall notify the organization. Such additional laws and regulations shall not require foreign vessels to observe design, construction, manning or equipment standards other than generally accepted international rules and standards (OPERATIONAL REGULATIONS only)

  11. UNCLOS Part XIIProtection and preservation of the marine environment Art. 217:Enforcement by flag State States shall ensure compliance by vessels flying their flag with applicable international rules and standards, established through IMO, and with their laws and regulations adopted in accordance with this Convention and shall adopt laws and regulations and take other measures necessary for their implementation. Flag States shall provide for the effective enforcement of such rules, standards, laws and regulations, irrespective of where a violation occurs. States shall take appropriate measures in order to ensure that vessels flying their flag are prohibited from sailing, until they can proceed to sea in compliance with the requirements of the international rules and standards (in respect of design, construction, equipment and manning).

  12. UNCLOS Part XIIProtection and preservation of the marine environment Art. 217:Enforcement by flag State States shall ensure that vessels flying their flag carry onboard certificates required by the international rules. States shall ensure that vessels flying their flag are periodically inspected in order to verify that such certificates are in conformity with the actual condition of the vessels. These certificates shall be accepted by other States unless there are clear grounds for believing that the condition of the vessel does not correspond with the particulars of the certificates.

  13. UNCLOS Part XIIProtection and preservation of the marine environment Art. 217:Enforcement by flag State If a vessel commits a violation of rules established through IMO the flag State shall provide for immediate investigation and where appropriate institute proceedings in respect of the alleged violation irrespective of where the violation occurred or where the pollution caused by such violation has occurred or has been spotted. Flag States conducting an investigation of the violation may request the assistance of any other State whose cooperation could be useful in clarifying the circumstances of the case. States shall endeavor to meet appropriate requests of flag States. States shall, at the written request of any State, investigate any violation alleged to have been committed by vessels flying their flag. If satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, flag States shall without delay institute such proceedings in accordance with their laws. Flag States shall promptly inform the requesting State and IMO of the action taken and its outcome. Such information shall be available to all States. Penalties provided for by the laws and regulations of States for vessels flying their flag shall be adequate in severity to discourage violations wherever they occur.

  14. UNCLOS Part XIIProtection and preservation of the marine environment Art. 219: Measures relating to seaworthiness of vessels to avoid pollution States which, upon request or on their own initiative, have ascertained that a vessel within one of their ports or at one of their off-shore terminals is in violation of applicable international rules relating to seaworthiness of vessels and thereby threatens damage to the marine environment shall, as far as practicable, take administrative measures to prevent the vessel from sailing. Such States may permit the vessel to proceed only to the nearest appropriate repair yard and, upon removal of the causes of the violation, shall permit the vessel to continue immediately.

  15. WORLD MARITIME UNIVERSITY IMO DICTIONARY SHALLMANDATORY SHOULD RECOMMENDATORY MAY OPTIONAL means that the relevant provisions are

  16. WORLD MARITIME UNIVERSITY IMO DICTIONARY Survey: inspection or control of the standards of an object (= the ship) Inspection: inspection or control of the standards of a part of a ship Audit: inspection or control of the standards of work processes or system (e.g. ISM-audit) Examination: inspection or control of a persons knowledge and skill

  17. Who is going to do the job ? ? ? RECOGNITION & DELEGATION

  18. About delegation, MARPOL Annex I, Regulation 6.3 1) Inspections and surveys shall primarily be carried out by officers of theAdministration. The Administration may however entrust inspections and surveys to other organizations and surveyors. 2) Nominated organizations and surveyors must be empowered to: 1) require repairs to a ship 2) carry out inspections and surveys if requested by the Authority of a Port State 3) The nominated organization or surveyor shall, if the condition of the ship or its equipment does not correspond substantially with the particulars of the Certificate or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, make sure that corrective actions are taken and notify the Administration. If corrective actions not are taken the relevant certificate shall be withdrawn and the Administration notified, and also the Port State Authorities, if the ship is in a foreign port. The Government of the Port State shall ensure that the ship not leaves the port (except for a single voyage to repair yard) until corrective actions have been taken.

  19. About delegation, MARPOL Annex I, Regulation 6.3 • In every case, the Administration shall fully guarantee the completeness and efficiency of the inspection and survey.

  20. Recognized organization (Classification society) A Classification Society whose classification certificate is accepted by the Administration as a document verifying conformance with statutory requirements of those parts the classification certificate covers, and further satisfying any specific requirements established by the Administration. Delegated authority Authority delegated to a person or organization to perform specific tasks on behalf of the Administration.

  21. Recognized organisation / Classification Society SOLAS Chapter II-1, Part A-1 Structure of ships Regulation 3-1 Structural, mechanical and electrical requirements for ships In addition to the requirements contained elsewhere in the present regulations, ships shall be designed, constructed and maintained in compliance with thestructural, mechanicalandelectrical requirements of a classification society which is recognized by the Administration in accordance with the provisions of regulation XI/1*, or with applicable national standards of the Administration which provide an equivalent level of safety. Res. A.739(18)

  22. WHY CLASSIFICATION SOCIETIES ? • Worldwide net of surveyors • Manpower sources • Tecnical expertise • Application of requirements in an uniform manner • Research activities

  23. The role of the RO is defined in: • SOLAS Ch. II/1 and XI/1 – requiring Class • IMO Res. A.739(18) and A.789(19) – defining criteria for RO’s • IMO MSC/Circular 710 Model – agreement • EU Directive 94/57, amended by 2001/105 – RO (only in Europe) • Agreements with individual Flag States

  24. Administration's responsibility Administrations are responsible for taking the necessary measures to ensurethat ships flying their State's flags comply with the provisions of relevant Conventions, including surveysandcertification Recognition and Delegation SAFETY AT SEA national legislation Statutory Regulations Classification Rules Recognition Classification SAFETY AT SEA national legislation Recognition and Delegation Statutory Regulations Classification Rules Statutory services Classification Recognized by Delegated by ADM. ADM. Work performed by: Classification society ADM

  25. A certificate contains both statutory and classification components ELECTRICITY ENGINE LIFE SAVING HULL FIRE SAFETY NAV EQUIPM RADIO

  26. SHIPOWNER'S RESPONSIBILITY It is the owner's responsibility to ensure that the vessel complies with the prescribed standards. The task of the Maritime Safety Inspectorate is to establish the standards and ensure, via surveys, that it is fulfilled.

  27. The responsibility for Pollution Prevention is shared by: Ensure that implemented standards are maintained SHIPOWNER Provide and implement Marine Pollution Prevention Regulations FLAG STATE Enforcement through classification and certification CLASS Verify implementation and enforcement of foreign flag ships PORT STATE

  28. WHY INTERNATIONAL CERTIFICATES ? SHIPPING IS GLOBAL • International shipping can only function if internationally agreed and accepted formal systems are established and implemented • Conventions (agreed in IMO) are the only viable alternative to the bureaucratic chaos, which would reign if maritime standards were left to national regulations • The system must cover both the interest of the Flag State and the Port State • The ship must prove that it complies with the regulations

  29. CERTIFICATE A document formally attesting a fact (at the time when the survey was carried out) CERTIFICATION implies that a product, process or person has been reviewed against a set of requirements, and a certificate is issued stating that the specified requirements are complied with.

  30. How much is the value of a certificate?

  31. Cargo Ship Safety Equipment Certificate • THIS IS TO CERTIFY: • Thatthe ship has been surveyed in accordance with the requirements of • regulation I/8 of the Convention. • 2 That the survey showed that: • 2.1 the ship complied with the requirements of the Convention as regards fire • safety systems and appliances and fire control plans; • 2.2 the life-saving appliances and the equipment of the lifeboats, life rafts and rescue boats were provided in accordance with the requirements of the Convention; • 2.3 the ship was provided with a line-throwing appliance and radio installations used in life- saving appliances in accordance with the requirements of the Convention; • 2.4 the ship complied with the requirements of the Convention as regards shipborne navigational equipment, means of embarkation for pilots and nautical publications; • 2.5 the ship was provided with lights, shapes, means of making sound signals and distress signals in accordance with the requirements of the Convention and the International Regulations for Preventing Collisions at Sea in force; • 2.6 in all other respects the ship complied with the relevant requirements of the Convention.

  32. Ideal effect of Periodical Survey to retain class Owners extra Initial rule requirement Minimum accepted standard A S A S I S A S R S Year 1 2 3 4 5

  33. The Harmonized Survey and Certification System Validity time for all certificates: 5 YearsFirm expire date = anniversary date Survey “window” +/- 3 months The Harmonized system covers all the statutory survey and certification according to the SOLAS, LL and MARPOL Conventions. Res. A 746 (18), SOLAS and LL protocol, Res..MEPC 29/22 & Res. MEPC 39/29 5 1 2 3 4 1 2 3 4 4 3 2 1 4 3 2 1

  34. STATUTORY SURVEY & CERTIFICATION • A ship is subject to national and international regulations • Survey on board a ship verifies compliance with the regulations • Certificates confirm compliance with the international and national regulations

  35. Status of Conventions (2012-03-31): SOLAS 161 Parties 99 % world tonnage ICLL 160 99 MARPOL Annex I/II 151 99 COLREG 154 98 STCW 155 99

  36. For every complex problem there is a simple solution, and that is wrong! G.B. Shaw

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