AFS CONVENTION AFS CONVENTION

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1 Regional Workshop on Surveys and Inspections relating to the International Convention on the Control of Harmful Anti- Fouling Systems on Ships 2001 (AFS 2001) Convention, IOANNIS EFSTRATIOU SENIOR MARINE SURVEYOR Implementation and Enforcement of the AFS in Cyprus LARNACA, CYPRUS 7 8 JUNE 2011 AFS CONVENTION AFS CONVENTION Anti-fouling systems are used to coat the bottoms of ships to prevent sealife such as algae and molluscs attaching themselves to the hull thereby slowing down the ship and increasing fuel consumption. These compounds slowly "leach" into the sea water, killing barnacles and other marine life that have attached to the ship. But the studies have shown that these compounds persist in the water, killing sea life, harming the environment and possibly entering the food chain. 3

2 AFS CONVENTION - Definitions Ship meansa vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms Anti-fouling system means a coating, paint, surface treatment, surface, or device that is used on a ship to control or prevent attachment of unwanted organisms. AFS CONVENTION PROTECTED Vs UNPROTECTED AREAS Save money but not to create other problems to the environment 5 General obligations under the Convention: undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound CYPRUS NATIONAL LEGISLATION (AFS CONVENTION RATIFICATION LAW) 13(ΙΙΙ)/2005, 6

3 Regulations applicable to EU Ports and EU flag ships worldwide REGULATION (EC) No 782/2003 as amended by REGULATION (EC) No 536/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. Cyprus National Law 167(I)/2004 DMS Circulars: 33/2004, 18/2005, 27/ National Legislation should declare a Competent Authority, responsible for the implementation of the Convention. In Cyprus The Minister/ Director General of Ministry and Communications and Works 8 Provisions for The Minister/ Director General of Ministry and Communications and Works to transfer their powers: To the Director and Marine Surveyors of the Department of Merchant Shipping to perform Flag / Port State Control Duties, 9

4 Provisions for The Minister/ Director General of Ministry and Communications and Works to Delegate the Authority to Recognized Organizations: Classification Societies, Flag State Implementation especially on Survey/Certification. Written Agreement /Monitoring Program 10 Powers of Surveyors Provided by Law: To enter Ships under Cyprus Flag, and all ships in Cyprus Ports and Territorial waters. To carry a proper identification document. To verify compliance, by carried out inspections, collecting evidences from logbooks etc, and Sampling. 11 Antifouling system Organotin compounds which act as biocides in anti-fouling systems Control Measures Ships shall not apply or re-apply such compounds shall not bear such compounds on their hulls or external parts or surfaces; or shall bear a coating that forms a barrier to such Compounds leaching from the underlying noncompliant antifouling Systems Application All ships All Ships except fixed and floating platforms, FSUs, and FPSOs that have been constructed prior to and that have not been in dry-dock on or after Effective date 1 January January

5 Convention in Cyprus, Have a look on the Certificate, recognize differences An anti-fouling system controlled under Annex 1 has not been applied during or after construction of this ship An anti-fouling system controlled under Annex 1 has been applied on this ship previously, but has been removed by [insert name of the facility] on [date] An anti-fouling system controlled under Annex 1 has been applied on this ship previously, but has been covered with a sealer coat appliedby [insert name of the facility]on [date] An anti-fouling system controlled under Annex 1 was applied on this ship prior to [date], but must be removed or covered with a sealer coat prior to [date] 13 Convention in Cyprus, Useful items to verify implementation (Record of AFS) RECORD OF ANTI-FOULING SYSTEMS Details of anti-fouling system(s) applied Type(s) of AFS system(s) used Date(s) of application Name(s) of company(ies) and facility(ies)/location(s) where applied Name(s) of anti-fouling system manufacturer(s) Name(s) and colour(s) of anti-fouling system(s) Active ingredient(s) and their Chemical Abstract Services Registry Number(s) (CAS number(s)) Type(s) of sealer coat, if applicable Name(s) and colour(s) of sealer coat applied, if applicable Date of application of sealer coat 14 Powers of Surveyors Provided by Law: Survey and Certification of Cyprus Ships (Guidelines for Survey and Certification. Resolution MEPC.102(48)). To prohibit the sailing of Cyprus Ships abroad, until rectification of the reasons lead to prohibition, and cooperate with the Authorities of Port State if deemed necessary. The Ship-owner cover all expenses arose for verification Survey. 15

6 Powers of Surveyors Provided by Law: The Wright to use assistance by specialized personnel (i.e. sampling) Masters and operators are obliged to facilitate the whole procedure and giving requested information and evidences. 16 Requirement of Art. 11(3) of AFS: If the ship is detected to be in violation of this Convention, the Party carrying out the inspection may take steps to warn, detain, dismiss, or exclude the ship from its ports...and inform the Administration of the ship concerned. PROVISIONS OF CYPRUS LAW Art. 6 of Law 13(III) of 2006 and 167 (I) of 2004: Prohibition of Sailing (detain), dismiss or Denial of Entrance into Cyprus Ports (exclude), empower Marine Surveyors to take those actions APPEAL PROCEDURE 17 Requirement of Art. 12(2) and 12(3) of AFS: (2) Any violation of this Convention within the jurisdiction of any Party shall be prohibited and sanctions shall be established there for under the law of that Party. Whenever such a violation occurs, that Party shall either: a.cause proceedings to be taken in accordance with its law or b.furnish to the Administration of the ship concerned such information and evidence as may be in its possession that a violation has occurred. (3) The sanctions established.to discourage violations of this Convention wherever they occur. 18

7 SANCTIONS -PROVISIONS OF CYPRUS LAW of Law 13(III) of 2006 and 167 (I) of 2004: Administrative Fines : Up to 8500 Euros, imposed by competent Authority Appeal Procedure in front of Minister/ High Court Criminal Proceedings Imprisonment (up to two years, provisions for violations and even for denial to cooperate or escape detentions) Fines (imposed by Court) 19 ARTICLE 13 -Undue Delay or Detention of Ships (1) All possible efforts shall be made to avoid a ship being unduly detained or delayed under article 11 or 12. (2) When a ship is unduly detained or delayed under article 11 or 12, it shall be entitled to compensation for any loss or damage suffered. Article 7 of Law 167(I) of 2004 explicitly provide that in case of unduly detained or delayed of a ship the Owner / Operator is subject to compensation as provided by Article 172 of the constitution of the Republic. 20 ARTICLE 9 -Communication and exchange of information: To IMO List of ROs (delegation of authority conditions etc),. IMO GISIS system Annual Reports of systems approved restricted or prohibited. The Republic of Cyprus upon becoming a Party to the Convention has sent to IMO, a full text of our National Registration along with the list of RO giving details about level of Authority (full for Survey and Certification). Same information is upload to IMO GISIS System 21

8 ARTICLE 5 -Controls of Annex 1 Waste Materials. Taking into account international rules, standards and requirements, a Party shall take appropriate measures in its territory to require that wastes from the application or removal of an anti-fouling system controlled in Annex 1 are collected, handled, treated and disposed of in a safe and environmentally sound manner to protect human health and the environment. The Environmental Handling/Disposal of any kind of waste, within small shipyards and workshops, including those dealing with application of Marine Paints, are under the Control of Environmental Department, and proper environmental Handling/delivery/disposal/ further proceeding is under continues monitoring. 22 Additional Control Measures: How it is ensured that the registration of Ships under Cyprus Flag cannot be effected unless the requirements of the Convention fully applies. Prior to a new registration of a Ship under Cyprus Flag, a statement is always required by her Classification Society (RO), verifying compliance with applicable rules and regulation. An explicit statement was added on that standard form regarding compliance with the Convention (and EU Regulation 782/2003). DMS CIRCULAR 27/2007, dated DMS CIRCULAR 27/2007, dated The R.O. are also notified that ships which do not comply with the regulation cannot be registered in the Register of Cyprus Ships. Therefore R.O. are requested to amend the Classification Society s Statement proposing to proceed with the survey and certification of a vessel on behalf of the Government of the Republic of Cyprus, as requested by our Circular No. 20/2001, to include a paragraph that the vessel is complying with the Regulation 24

9 Annex 4/REGULATION 1 - Surveys (1)Ships of 400 gross tonnage and above referred to in article 3(1)(a) engaged in international voyages, excluding fixed or floating platforms, FSUs, and FPSOs, shall be subject to surveys (3)The Administration shall establish appropriate measures for ships that are not subject to the provisions of paragraph (1) of this regulation in order to ensure that this Convention is complied with. 25 (Ships >400GT, <24m>) Have any measures on survey been established for ships less than 400GT (or declaration requirements for ships less 24 m in length) No, but occasionally when we carry out inspections to such ships for any reason, we check applicability of regulation by collecting evidence as receipts for painting or existence of paints on board since the prohibition applies to all ships. 26 (Ships >400GT, <24m>) Indirect Measures Compliance with EU Directive 94/25/eu on recreational crafts Article 2-Placing on the market and putting into service Member States shall take all necessary measures to ensure that the products referred to in Article 1 (1) may be placed on the market and put into service for use in accordance with their intended purpose only if they do not endanger the safety and health of persons, property or the environment when correctly constructed and maintained. 27

10 (Ships >400GT, <24m>) Indirect Measures Compliance with EU Directive 94/25/eu on recreational crafts Article 8 - Conformity assessment Before placing on the market,..shall apply the procedures Article 9 - Notified bodies Article 10 -CE Marking Even thought Antifouling Systems are not explicitly listed on ANNEX I (ESSENTIAL REQUIREMENTS) of Directive, we assume that it is checked due to reference to article 2 above 28 - SAMPLING The following issues should be taken into consideration Are there any national instructions on how and when to conduct brief sampling or are the IMO (Resolution MEPC.104(49)) guidelines applied? Which entities carry out sampling? Are authorizations needed? 29 - SAMPLING The following issues should be taken into consideration How many laboratories have been recognized to carry out analyses? What are the criteria and procedures for recognition? 30

11 - SAMPLING The following issues should be taken into consideration What is the role of the port State inspector with regards to sampling procedure? Who bears the costs of sampling? Which sampling ("dry" or "wet" )methods are used? 31 (Proposal for Training, EMSA (EU ) Level, CNTA Meeting Training Title Sampling Procedure and analysis on AFS Convention Related Legislation International Convention on the control of harmful anti-fouling systems on ships, 2001 (AFS Convention) & EU Regulation 782/2003 as amended by 536/2008 Current Situation The Convention as from September 2008 is in force (EU Regulation from 2003). There is a lack of knowledge on sampling. Lack of appropriate instruments and accredited laboratories on Member States for further proceedings. 32 (Proposal for Training, EMSA (EU ) Level, CNTA Meeting Overall aims/goal Givefull and complete effectto the provisions of the Convention. Uniform application during PSC Type of training Basic document Resolution MEPC 104(49). Sampling, Instruments, Analysis Possible duration Two (2) days Possible attendees PSC Officers, other officials (Environment Services, responsible for Sampling and analysis) [Chemist of accredited Laboratories] 33