MARPOL: The role of the Flag State. Angus McLean Maritime Authority of the Cayman Islands

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1 MARPOL: The role of the Flag State Angus McLean Maritime Authority of the Cayman Islands

2 The majority of ocean pollution comes from.. LAND (but shipping still has its part to play)

3 International Convention for the Prevention of Pollution from Ships, 1973 Protocol of 1978 (Annex II) Protocol of 1997 (Annex VI)

4 Six Important Annexes Annex I Oil Annex II xious Liquid Substances Annex III Packaged Harmful Substances Annex IV Sewage Annex V Garbage Annex IV Air Pollution

5 Six Important Annexes

6 Where does the Flag State fit in? Ratification Legislation Implementation Enforcement

7 Ratification Article 13: Signature, ratification, acceptance, Approval and accession. Whereby the state, country or territory formally agrees to be bound by the Convention. Own ships must now comply. Visiting ships subject to no more favourable treatment.

8 Ratification Article 13: Signature, ratification, acceptance, Approval and accession. We have ratified the convention so our work here is done Ratification on its own is little more than a Statement of Good Intentions!

9 Legislation Article 1: General obligations under the Convention. The Parties to the Convention undertake to give effect to the provisions of the present Convention, and those Annexes thereto by which they are bound.. Hard to do without legislation!

10 Ratification and Legislation in the Caribbean IMO INSTRUMENT Ratifications In National Law % Ratification % Implementation MARPOL ANNEX I/II % 25% MAROL ANNEX III % 25% MAROL ANNEX IV % 20% MAROL ANNEX V % 33% MARPOL ANNEX VI % 25% From WIMAC MARPOL Business Case

11 Legislation: Why so low? Constitutional barriers Relevant expertise Technical and Legal Drafting Maritime seen as a low priority by legislators

12 Maritime: A low priority until

13 Without legislation Can you take steps to prevent? Can you prosecute offenders? Can you access compensation?

14 Implementation Survey and certification of own ships Build technical expertise in house Keep up to date! Intragovernmental co-operation.

15 MARPOL More than a Ship Registry matter t just survey and certification of ships MARPOL touches on the responsibilities of many Government Agencies

16 Stakeholders in Cayman Islands Government MACI Cayman ships and Port State Control DOE Pollution prevention detection and response DEH Waste Reception Facilities Port Authority Berthing

17 Implementation at home. Establish reception facilities Port State Control Reporting of incidents Investigation of incidents Cause proceedings to be taken

18 Reception facilities Table 1: Categories of Ship Generated Waste Received by Caribbean States Type of Waste Antigua and Barbuda Barbados Belize Dominica Grenada Jamaica St. Vince nt St. and Kits and the Nevis St. Lucia Suriname Trinidad and Tobago Annex I - engine room Annex I - cargo residues 10 Annex II Annex IV Annex V - Garbage other than cargo residues A Plastics 2 9 B Food wastes C Domestic Wastes D Cooking Oil E Incinerator ashes F Operational wastes Annex V - cargo residues Annex VI n/a

19 Reception Facilities Required to be adequate Local challenges. Regional Co-operation

20 Port State Control Essential to safeguard your environment Needs properly qualified and experienced officers Needs to be properly funded!

21 Enforcement You are not enforcing the Convention, you are enforcing the laws that give effect to the Convention. The Convention specifies what should be in those laws. Article 6 Detection of violations and enforcement of the Convention.

22 Article 6 Parties shall co-operate Ships may be inspected by other Parties Evidence of violations forwarded to Flag States Investigations by Flag States

23 Violations (Article 6(4)).sufficient evidence to enable proceedings to be brought in respect of the alleged violation, IT SHALL cause proceedings to be taken in accordance with its law.

24 So that s all there is to it! Ratification Legislation Implementation Enforcement

25 We are extremely fortunate to be living in jurisdictions where having access to $1,013,000,000 of free insurance is considered a low priority

26 HEBEI SPIRIT Daesan, South Korea 07 December 2007 Oil Spill 10,800 tonnes South Korea was in the 1992 Fund Convention, but not the Supplementary Fund CLC/IOPC paid out the maximum level of compensation under the 1992 Fund ($274,000,000) Estimated at only 35% of the true cost Who was liable for the other $580,000,000? Clue: South Korea joined the Supplementary fund on 06 May 2010.

27 Thank You