1. The IMO mandate and marine pollution

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WORLD METEOROLOGICAL ORGANIZATION
________________________
INTERGOVERNMENTAL OCEANOGRAPHIC
COMMISSION (OF UNESCO)
________________________
JOINT WMO/IOC TECHNICAL COMMISSION FOR
OCEANOGRAPHY AND MARINE METEOROLOGY (JCOMM)
EXPERT TEAM ON MARINE ACCIDENT
EMERGENCY SUPPORT
ETMAES-I/Doc. 4.1
(12.I.2007)
__________
ITEM 4.1
FIRST SESSION
ANGRA DOS REIS, BRAZIL, 29 TO 31 JANUARY 2007
Original: ENGLISH
COORDINATION WITH OTHER ORGANIZATIONS
IMO Activities relevant to the work of the Expert Team on
Marine Accident Emergency Support
(Submitted by International Maritime Organization)
Summary and Purpose of Document
This document presents information on the role, responsibilities and activities of the
International Maritime Organization (IMO) related to preparedness for and
response to oil and Hazardous and Noxious Substances (HNS) marine pollution
incidents.
ACTION PROPOSED
The Expert Team on Marine Accident Emergency Support (ETMAES) is invited to:
(a)
Note the information on the work of IMO related to preparedness for and response to oil
and HNS pollution from ships;
(b)
Endorse the participation of the WMO in the sixth meeting of the OPRC-HNS Technical
Group in July 2007;
(c)
Recommend that IMO and WMO exchange information on the programmes of work of
the OPRC-HNS Technical Group and the ETMAES, respectively.
______________________
ETMAES-I/Doc. 4.1, p. 2
DISCUSSION
1.
The IMO mandate and marine pollution
1.1
Shipping is perhaps the most international of the world's industries, serving more than 90
percent of global trade by carrying huge quantities of cargo cost effectively, cleanly and safely.
The International Maritime Organization (IMO) plays a key role in ensuring that lives at sea are
not put at risk, and that the marine environment is not polluted by shipping - as summarized in
the IMO's Mission Statement: Safe, Secure and Efficient Shipping on Clean Oceans. This is
accomplished by adopting the highest practicable standards of maritime safety and security, and
prevention and control of pollution from ships, as well as through consideration of the related
legal matters and effective implementation of IMO’s instruments with regards to their global and
uniform application.
1.2
Within its environmental mandate, the IMO has developed and adopted a range of
international instruments to address marine pollution arising from international shipping, which
include:

The International Convention for the Prevention of Pollution from Ships, 1973, as
modified by the Protocols of 1978 and 1997 relating thereto (MARPOL) which
covers accidental and operational oil pollution as well as pollution by chemicals,
goods in packaged form, sewage, garbage and air pollution;

The International Convention Relating to Intervention on the High Seas in Cases of
Oil Pollution Casualties (1969), affirms the right of a coastal State to take
measures on the high seas to prevent, mitigate or eliminate danger to its coastline
from a maritime casualty. The 1973 Protocol extends the Convention to cover
noxious substances other than oil;

The International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC) (1990), provides a global framework for international cooperation in combating major incidents or threats of marine pollution. The Protocol
on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous
and Noxious Substances (2000), covers marine pollution by hazardous and
noxious substances;

The International Convention on Civil Liability for Oil Pollution Damage (CLC),
(1969), and the International Convention on the Establishment of an International
Fund for Compensation for Oil Pollution Damage (FUND) (1971), enabled victims
of oil pollution to obtain compensation much more simply and quickly than had
been possible before. Both treaties were amended in 1992, and again in 2000, to
increase the limits of compensation payable to victims of pollution. The IMO also
developed a number of other conventions that concern liability and compensation
issues for damage caused by spills of oil, when carried as fuel in ships' bunkers in
particular the International Convention on Civil Liability for Bunker Oil Pollution
Damage (2001), and from accidents involving hazardous and noxious substances,
such as chemicals in particular the International Convention on Liability and
Compensation for Damage in Connection with the Carriage of Hazardous and
Noxious Substances (HNS) by Sea;

The Convention on the Prevention of Marine Pollution by Dumping of Wastes and
Other Matter (LDC), 1972, and the 1996 Protocol thereto, prohibit the dumping of
hazardous materials and other wastes or matter in the sea;

The International Convention on the Control of Harmful Anti-fouling Systems on
Ships (2001), will prohibit the use of harmful organotins in anti-fouling paints used
ETMAES-I/Doc. 4.1, p. 3
on ships and will establish a mechanism to prevent the potential future use of other
harmful substances in anti-fouling systems; and

The International Convention for the Control and Management of Ships' Ballast
Water and Sediments (2004), aims to prevent, minimize and ultimately eliminate
the transfer of harmful aquatic organisms and in ships' ballast water and
sediments.
1.3
In addition, a range of mandatory and voluntary Guidelines and Codes have been
developed and adopted to provide international standards for the safe transport, storage and
handling of harmful substances.
1.4
The IMO’s Marine Environment Division has Secretariat responsibilities for such
instruments and regulations, and regularly reviews and updates these through the Marine
Environment Protection Committee (the IMO's senior technical body on marine pollution related
matters).
2.
Marine pollution preparedness and response
2.1
The IMO, as the primary international organization responsible for maritime issues, has a
critical role to play in ensuring that the international network for the response to incidents
involving pollution from oil and hazardous and noxious substances, as well as fire and explosion
incidents that may result in an accidental release, is at the ready to ensure a timely and efficient
response.
2.2
It should be fully recognized that the IMO is not an operational organization and, within
the context of the existing international response regime, which is industry-led, has no direct
responsibility for hands-on response to an incident. Nevertheless, the IMO has a significant
support and coordination role to play in marine pollution incidents. In this regard, the IMO has
backstopped a number of responses to incidents, most recently the Tasman Spirit (Pakistan,
2003), the Limburgh (Yemen, 2002), the Prestige (Spain, 2002) and, most recently, a major oil
spill in Lebanon, resulting from the hostilities that took place in July and August of 2006.
3.
The OPRC Convention and HNS Protocol
3.1
The IMO instruments for preparedness, response and cooperation to oil and chemical
pollution incidents, is the International Convention on Oil Pollution Preparedness, Response and
Cooperation OPRC Convention, 1990) and its HNS Protocol of 2000.
3.2
The Convention was adopted in November 1990 and is designed to assist Governments
address major oil pollution incidents by providing a framework for preparedness and response,
through the development of national and regional capacity, and a platform for the facilitation of
international cooperation and mutual assistance in the event of such incidents.
3.3
In 2000, the IMO adopted the Protocol on Preparedness, Response and Cooperation to
pollution Incidents by Hazardous and Noxious Substances (HNS Protocol, 2000), for hazardous
and noxious substances other than oil (i.e., chemicals) and follows the same basic structure and
format as the OPRC Convention.
3.4
The OPRC Convention and its HNS Protocol designate the Organization to undertake a
number of functions in connection with the response to oil and HNS pollution incidents.
3.5
The OPRC Convention, Article 12(1) and OPRC-HNS Protocol, Article 10(1) designate
the Organization to perform, among others, the following functions:
(a)
Information services:
-
to receive, collate and disseminate, on request, the information provided by
ETMAES-I/Doc. 4.1, p. 4
(b)
Technical services:
-
(c)
Parties and relevant information provided by other sources; and,
to provide assistance in identifying sources of provisional financing of costs.
to analyse the information provided by the Parties and relevant information
provided by other sources and provide advice or information to States;
Technical assistance:
-
to facilitate the provision of technical assistance and advice, upon request of
States faced with major pollution incidents.
3.6
These instruments also request the Organization to assist in identifying sources of
provisional financing of response costs such as the provision of advisory services as well as
technical support and equipment for the response to a pollution incident.
4.
The role of IMO in a marine pollution incident
4.1
The role of the IMO and of MED in marine pollution incidents will vary on a case-by-case
basis, depending on such items as: specific needs, magnitude of the incident, geographical
location and politico-cultural considerations. There are a number of possibilities that exist for the
provision of on-site assistance that may be undertaken in response to a given incident.
4.2
Options that exist for the provision of on-site assistance, and are as follows:
(i)
Technical assistance via recognized centres of expertise
As provided for under the 1973 Intervention Protocol, the IMO maintains and
continually updates a list of recognized regional centres of expertise with
specialized technical knowledge and expertise in oil spill and/or HNS spill
response, as a potential source of experts for rapid deployment to an affected
site to provide technical assistance and advisory services, at the request of an
affected Member State. The IMO may have a coordinating and facilitation role in
such cases. In the event of such a deployment, it is expected that all associated
costs would be covered by the requesting State.
(ii)
Consultants deployed by IMO
When requested by an affected Member State, the IMO may directly engage and
deploy consultants with relevant specialized expertise to provide technical
assistance and advice at the scene of an incident. Consultants could be
mobilized under the umbrella of IMO’s Integrated Technical Co-operation
Programme (ITCP) or through its Marine Pollution Response Trust Fund. Tasks
that an IMO expert would be expected to carry out are, but not limited to, the
provision of technical advice, coordination of information and assistance, and
liaison with response organizations on site. In many cases, there is liaison
between those providing assistance on behalf of industry such as the
International Tanker Owners Pollution Federation (shipping industry), Oil Spill
Response Limited (oil spill response mechanism of the petroleum industry) and
the P&I Club (insurers).
(iii)
Deployment of IMO Staff Members
In some instances, it may be possible to deploy IMO staff members with relevant
expertise to the site of a marine pollution incident. Decision for deployment of an
IMO staff member will be made at the discretion of the Secretary-General. Tasks
ETMAES-I/Doc. 4.1, p. 5
that an IMO expert would be expected to carry out are similar to those of a
consultant deployed by the IMO, as described above.
(iv)
Brokering, facilitation and co-ordination of international assistance
In the majority of cases, the IMO will not have any direct involvement in the
deployment of on-site assistance, as this will usually be handled by the
operational organizations directly involved in the response to oil spills and spills
of HNS substances at the local and/or national levels, or by Member States on a
bilateral basis. In cases such as these, the IMO will instead play a brokering and
facilitation role to ensure that that the basic response needs of a marine pollution
incident are accurately identified, and that the necessary expertise and
equipment is provided. Coordination of assistance will then be undertaken so
that duplication is avoided, and the resources deployed match the identified
needs.
4.3
In exceptional circumstances, such as those encountered during the 1990 Gulf War and
the recent Lebanon conflict, or for very large-scale incidents which may occur in developing
countries, the IMO may engage in securing funding from the International community and in
channelling funds through the existing Marine Pollution Response Trust Fund, to provide urgent
assistance for emergency response and recovery activities, if necessary.
5.
The OPRC-HNS Technical Group
5.1
The IMO, through its Marine Environment Protection Committee, has established the
OPRC-HNS Technical Group. The Secretariat functions are carried out by the Marine
Environment Division. This technical group is composed of marine oil and chemical spill experts
from IMO member states, the shipping, oil and chemical industries, and regional and
intergovernmental organizations. The primary objective of the group is to develop expert
resources, tools and guidelines to assist countries in implementing OPRC 90 and the HNS
Protocol 2000, and to develop capacity to prepare for and respond to oil and chemical spills in
the marine environment. Examples of some of the useful products developed by the Technical
Group to date include: the OPRC Model Courses (delivered worldwide to build capacity at the
country-level for managing and responding to oil spills), and manuals such as the Manual on Oil
Pollution (five volumes covering all aspects of preparedness and response to oil pollution), and
the Manual on Chemical Pollution, Section 1 and 2 (which address the threat posed by chemical
spills in the marine environment).
6.
Technical Cooperation
6.1
Activities related to the implementation of the OPRC Convention and its HNS Protocol
are carried out through the Organization’s Integrated Technical Co-operation Programme. Such
activities, as they relate to oil spill preparedness and response, include, among others, the
delivery of training courses on preparedness and response to oil spills to Member States as well
as the development, review and guidance on implementation of national oil spill contingency
plans.
7.
Potential linkages with the work of the WMO Expert Team on Marine Accident
Emergency Support
7.1
The movement of marine oil and chemical spills and their ultimate fate in the environment
depends strongly on prevailing meteorological conditions, and such information is therefore
essential in attempting to predict the trajectory of spills and area of impact. As such, the WMO
and the Expert Team on Marine Accident Emergency Support (ETMAES) has a significant role
to play in the response to such incidents, underlining the need for establishing closer linkages
with the IMO in this area.
ETMAES-I/Doc. 4.1, p. 6
7.2
Potential linkages may also exist between the work of the OPRC-HNS Technical Group
and that of the Expert Team on Marine Accident Emergency Support (ETMAES). In this regard,
the IMO and WMO could strengthened the links and synergize the work of the two bodies in the
area of marine pollution preparedness for and response to maritime-related accidents. As a
starting point, it is suggested that that the IMO and WMO exchange the work programmes of the
OPRC-HNS Technical Group and the ETMAES, accordingly, with a view of determining possible
opportunities for collaboration.
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