WORLD MARITIME UNIVERSITY
MARINE ENVIRONMENTAL LAW
- the CONVENTIONS
Jan-Åke Jönsson
April 2012
1
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
2
Maybe we
need some
kind of
regulations
to take care
of all this?
3
Maritime safety, security and clean oceans
MARPOL
MARPOL
CREW
STCW
4
SEAWORTHNESS
SOLAS
WORKING
ENVIRINMENT
ILO 147
CARGO
BALLAST
ICLL
For maritime safety, security and clean oceans
CARGO
BALLAST
WORKING
ENVIRINMENT
SEAWORTHNESS
CREW
Prevention of Marine Pollution
VOC
Oil
5
SOx
NOx
Ship
recycling
Etc.
Harmful
Ballast
Sewage Garbage
substances
water
Anti- fouling
paints
Articles of MARPOL 1973/1978
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
Article II Application
The present Convention shall apply to ships entitled to fly the flag
of a Party to the Convention.
6
UNCLOS
The legal framework
United Nations Convention on the
Law of the Sea of 10 December 1982
7
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
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 XII Protection 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
8
UNCLOS Part XII
Protection and preservation of the marine environment
Art. 211: Pollution from vessels
1. States shall establish international 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.
9
UNCLOS Part XII
Protection 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 giving effect
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)
10
UNCLOS
Part XII Protection 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).
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UNCLOS
Part XII Protection 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.
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UNCLOS
Part XII Protection 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.
13
UNCLOS
Part XII Protection 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.
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WORLD MARITIME UNIVERSITY
IMO DICTIONARY
SHALL
SHOULD
MAY
15
means that
the relevant
provisions are
MANDATORY
RECOMMENDATORY
OPTIONAL
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
16
Who is going to do the job ? ? ?
RECOGNITION
&
DELEGATION
17
About delegation, MARPOL Annex I,
Regulation 6.3
1) Inspections and surveys shall primarily be carried out by officers of the Administration.
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.
18
About delegation, MARPOL Annex I,
Regulation 6.3
4) In every case, the Administration shall
fully guarantee the completeness and
efficiency of the inspection and survey.
19
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.
20
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 the structural, mechanical and electrical
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)
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WHY CLASSIFICATION SOCIETIES ?
• Worldwide net of surveyors
• Manpower sources
• Tecnical expertise
• Application of requirements
in an uniform manner
• Research activities
22
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
23
Recognition and Delegation
SAFETY AT SEA
national legislation
Recognition
Classification
Rules
Statutory
Regulations
Classification
SAFETY AT SEA
national legislation
Recognition
and
Delegation
Classification
Rules
Classification
Recognized by
ADM.
24 Work performed by:
Statutory
Regulations
Statutory
services
Delegated by
ADM.
Classification society
ADM
Administration's
responsibility
Administrations are
responsible for taking
the necessary measures
to ensure that ships flying
their State's flags comply
with the provisions of
relevant Conventions,
including surveys and
certification
A certificate contains both statutory
and classification components
ENGINE
ELECTRICITY
LIFE SAVING
HULL
FIRE SAFETY
NAV EQUIPM
RADIO
25
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.
26
The responsibility for Pollution Prevention is shared by:
SHIPOWNER
Ensure that implemented
standards are maintained
FLAG STATE
Provide and implement
Marine Pollution Prevention
Regulations
CLASS
PORT STATE
Enforcement through
classification and certification
Verify implementation and
enforcement of foreign flag
ships
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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
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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.
29
How much is the value of a certificate?
30
Cargo Ship Safety Equipment Certificate
THIS IS TO CERTIFY:
1
That the 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 lifesaving 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
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in all other respects the ship complied with the relevant
requirements of the Convention.
32
33
Ideal effect of Periodical Survey to retain class
Owners extra
Initial rule
requirement
Minimum
accepted
standard
AS
Year
34
1
AS
IS
AS
RS
2
3
4
5
The Harmonized Survey and Certification System
Validity time for all certificates: 5 Years
Firm expire date = anniversary date
Survey “window” +/- 3 months
1
2
3
4
The Harmonized system covers all the
statutory survey and certification according to
the SOLAS, LL and MARPOL Conventions.
1 2
3
4
5
4
3
2
1
Res. A 746 (18), SOLAS and LL protocol,
Res..MEPC 29/22 & Res. MEPC 39/29
35
4
3
2
1
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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
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Status of Conventions (2012-03-31):
SOLAS
ICLL
161 Parties
160
99 % world tonnage
99
MARPOL Annex I/II 151
99
COLREG
STCW
98
99
38
154
155
For every complex problem there is
a simple solution, and that is wrong!
39
G.B. Shaw