IMO environment meeting issues technical and operational measures to address GHG emissions from ships

Last week, the Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO) agreed to disseminate a package of interim and voluntary technical and operational measures to reduce greenhouse gas (GHG) emissions from international shipping; and also agreed a work plan for further consideration, at future meetings, of proposed market-based instruments to provide incentives for the shipping industry.

The agreed measures are intended to be used for trial purposes until the Committee's sixtieth session (MEPC 60) in March 2010, when they will be refined, as necessary, with a view to facilitating decisions on their scope of application and enactment. The measures include:

• interim guidelines on the method of calculation, and voluntary verification, of the Energy Efficiency Design Index for new ships, which is intended to stimulate innovation and technical development of all the elements influencing the energy efficiency of a ship from its design phase; and
• guidance on the development of a Ship Energy Efficiency Management Plan, for new and existing ships, which incorporates best practices for the fuel efficient operation of ships; as well as guidelines for voluntary use of the Ship Energy Efficiency Operational Indicator for new and existing ships, which enables operators to measure the fuel efficiency of a ship.

Market-based instruments
The Committee held an in-depth discussion on market-based instruments and agreed a work plan for its further consideration of the topic, as of its next session (MEPC 60, March 2010), to build on discussions and submissions to date, taking into account also relevant outcomes of the climate change conference (COP 15) that the United Nations is to convene in Copenhagen in December 2009. Such instruments would have purposes such as: climate change mitigation and adaptation activities; research and development; offsetting of emissions; and serving as an incentive for the industry to invest in more fuel-efficient technologies.

The Committee noted that there was a general preference for the greater part of any funds generated by a market-based instrument under the auspices of IMO to be used for climate change purposes in developing countries through existing or new funding mechanisms under the United Nations Framework Convention on Climate Change (UNFCCC) or other international organizations.

Report to COP 15
The outcome of the MEPC on GHG emissions from ships will be reported to COP 15, which will consider a successor instrument to the Kyoto Protocol to the UNFCCC.

The Committee agreed that any regulatory scheme applied to GHG emissions from international shipping should be developed and enacted by IMO as the most competent international body.

Speaking at the close of the MEPC, IMO Secretary-General Efthimios E. Mitropoulos congratulated delegates for driving forward the Committee's agreed action plan on greenhouse gas emissions from ships, which "deserves to be recognized as compelling proof that IMO can, indeed, be entrusted with the regulation of international shipping on the issue of climatic change - an unequivocal message that needs to be heard, and fully understood, all over the globe. He went on to urge delegates to promote the successful outcome of the session, by briefing their colleagues and, through them, the competent Ministers in their home countries (e.g. of Transport, Mercantile Marine, Environment and Foreign Affairs), in particular those who will participate in COP 15, and by publicizing it widely among all concerned so that "the complexities of this most international of all industries are duly taken into account when shaping official policies and positions on the issue at hand - both at Copenhagen and at the post-Copenhagen rounds of consultations at IMO."

Mr. Mitropoulos reiterated his belief that "the time for apportioning blame as to who is responsible for the state of the planet has passed. Now it is time for action. Developed and developing countries, industrialized and emerging economies alike are left with no option other than to get together and, together, work out solutions that will serve well the good cause of reversing the route to planet destruction."

Greenhouse gas study 2009
The MEPC was assisted in its deliberations by the outcome of the Second IMO GHG Study on greenhouse gas emissions from ships, 2009, which is the most comprehensive and authoritative assessment of greenhouse gas emissions from ships engaged in international trade.

The Study estimated that ships engaged in international trade in 2007 contributed about 2.7 per cent of the world's anthropogenic CO2 emissions and also states that emission reductions are feasible through technical and operational measures as well as through the introduction of market-based reduction mechanisms.

In the absence of global policies to control greenhouse gas emissions from international shipping, the emissions may increase by between 150 and 250 percent by the year 2050 due to the expected continued growth in international seaborne trade.

On June 18th at 12:01 pm Canadian flagged carriers in British Columbia ports joined with internationally trading vessels to sound ships’ whistles in protest of the Canadian government’s disregard for the fundamental human rights of seafarers and the marine industry. 

Maritime employers and labour have been working with government for 5 years to ensure Canada’s environmental legislation is sound, coherent and effective in protecting the marine environment.   The marine industry is committed to strong environmental laws and the principle “the polluter pays”.   

However, Canada remains in breach of United Nations conventions as well as the Canadian Charter of Rights and Freedom.  All persons who are accused of an environmental offence under the Migratory Birds Convention Act 1994 and the Canadian Environmental Protection Act 1999 are liable to be imprisoned merely because they fail to prove their own due diligence, without the Crown having to prove anything against them at all.  This is reverse onus, strict criminal liability, and is a flagrant breach of section 11 of the Canadian Charter of Rights and Freedom which guarantees the right to be presumed innocent until proven guilty according to law in a fair and public hearing. 

Furthermore, Canada is in breach of United Nations International Maritime Organization’s International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78).

MARPOL 73/78 makes a fundamental distinction between accidental (non-intentional) and intentional pollution, with the former not being an infringement of MARPOL.  Moreover, the United Nations Convention on the Law of the Sea

(UNCLOS) supports the MARPOL regime and points to monetary penalties, rather than imprisonment, being the normal sanction. 

Bill C-16,the Environmental Enforcement Act, received Royal Assent on June 18th and establishes minimum fines for serious offences by polluters, poachers and wildlife smugglers of between $5,000 for individuals and $500,000 for large corporations.

The Act raises maximum fines to as high as $6 million and gives enforcement officers new powers to investigate cases and grants courts new sentencing authorities that ensure penalties reflect the seriousness of the pollution and wildlife offences. 106 new enforcement officers have been hired and will complete their training by August.

The Act also expands the authority to deal with environmental offenders by:

• specifying aggravating factors such as causing damage to wildlife or wildlife habitat, or causing damage that is extensive, persistent or irreparable;
• providing fine ranges higher for corporate offenders than for individuals;
• doubling fine ranges for repeat offenders;
• authorizing the suspension and cancellation of licenses, permits or other authorizations upon conviction;
• requiring corporate offenders to report convictions to shareholders; and
• mandating the reporting of corporate offences on a public registry.

As well, the Act directs that fines imposed by the courts go to the Environmental Damages Fund which provides funding to local environmental restoration, improvement, research and development, and public education initiatives.

For more information about this act please visit Environment Canada’s Web site.

EPA announces the availability of the vessels e-NOI system.  The system was deployed on June 8, 2009, 11 days ahead of schedule.  EPA strongly advises permittees to use the electronic based e-NOI system instead of submitting paper forms in order to save time and to have substantially faster processing of their NOIs.

 

Vessel owner/operators must submit notices of intent to retain coverage under the VGP by September 19, 2009 if their vessels are either over 300 gross tons or if they have the capacity to carry more than 8 cubic meters of ballast water.  Vessel owner/operators may access the vessels eNOI system by going to www.epa.gov/npdes/vessels/enoi

 

The system also has batch import capabilities using an excel based spreadsheet application.  For those vessel owner/operators who have numerous vessels, this application may save time entering vessels into the electronic system.

 

Please visit www.epa.gov/npdes/vessels  for general information about the NPDES Vessel General Permit.  Please contact EPA staff at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any specific questions regarding the Permit.”