IMO MANDATORY REPORTS UNDER MARPOL. Analysis and evaluation of deficiency reports and mandatory reports under MARPOL for Note by the Secretariat

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1 INTERNATIONAL MARITIME ORGANIZATION E IMO SUB-COMMITTEE ON FLAG STATE IMPLEMENTATION 16th session Agenda item 4 FSI 16/4 25 February 2008 Original: ENGLISH MANDATORY REPORTS UNDER MARPOL Analysis and evaluation of deficiency reports and mandatory reports under MARPOL for 2006 Note by the Secretariat Executive summary: Strategic direction: 2 High-level action: Planned output: Action to be taken: Paragraph 10 Related documents: SUMMARY This document provides a summary on mandatory reports under MARPOL for 2006 submitted by 34 Parties to MARPOL in accordance with MEPC/Circ.318 FSI 15/4, FSI 15/18 and MEPC/Circ.318 Background 1 MEPC/Circ.318 contains Formats for a mandatory reporting system under MARPOL 73/78 adopted by MEPC 38 to facilitate communication to the Organization of information called for by articles 8, 11 and 12; regulation 12 1 of Annex I; regulation 7 1 of Annex II and regulation 7 of Annex V of MARPOL. The data from these reports are useful to the Organization to assess the effectiveness of the application of the Convention and for statistical purposes. In accordance with MEPC/Circ.318, Parties are requested to submit their annual reports by 30 September of the following year. 2 The Sub-Committee at its fifteenth session noted document FSI 15/4 which contained a summary of mandatory reports by Parties to MARPOL for the year 2005, which also included as annex 1 a tabular list of Parties, showing the date each became Party to MARPOL and which Parties had submitted reports in each of the last five years, and which Parties had failed to do so. 1 Regulations 38 and 18 of the revised Annex I and Annex II respectively, which entered into force on 1/1/2007. For reasons of economy, this document is printed in a limited number. Delegates are kindly asked to bring their copies to meetings and not to request additional copies.

2 FSI 16/ The Sub-Committee concluded that the rate of reporting was still very low as the information provided in document FSI 15/4 had shown and as was also recognized at every session of the Sub-Committee since FSI Following a discussion on the possible reasons for the low rate of reporting, the Sub-Committee agreed on the following actions:.1 the table in annex 1 to document FSI 15/4 containing information on which Parties had submitted reports in the last five years, in future should also include information identifying Parties who had submitted reports outside the reporting periods;.2 the low level of reporting could be indicating difficulties arising from the format and/or information content specified by MEPC/Circ.318 and therefore submissions from Members were invited to the next session of the Sub-Committee to identify any problems posed by MEPC/Circ.318 and to propose any appropriate changes to the Circular; and.3 the Secretariat was requested to revert to the next session of the Sub-Committee with further information on the potential extraction of data required by MEPC/Circ.318 from relevant modules of GISIS, thus simplifying the mandatory reporting requirements for Parties to MARPOL. 5 The Sub-Committee requested the Secretariat to update the data and the annexed list to document FSI 15/4, and to submit these to FSI 16 for consideration. Mandatory reports under MARPOL for The status of mandatory reports under MARPOL from 2002 to 2006 is set out at annex 1 of this document in a format which combines the tabular presentation of document FSI 15/4, and the additional information requested by the Sub-Committee for identifying Parties who have submitted reports outside the reporting periods. 7 Since FSI 15, the Secretariat has received mandatory reports under MARPOL for 2006 from 34 Parties to MARPOL in accordance with MEPC/Circ.318, as shown in annex 1 to this document. The Sub-Committee may wish to note the following points:.1 Part 1(a) of MEPC/Circ.318: ten Parties (out of 34 actually reporting) (Chile, China, Estonia, Greece, India, Italy, Japan, Liberia, Singapore and the United States) reported 22 incidents of spillages of 50 tonnes or more. The type of substance spilled in most cases was oil;.2 Part 1(b) of MEPC/Circ.318: 22 Parties (out of 30 actually reporting) (Argentina, Australia, Brazil, Bulgaria, Chile, Estonia, Finland, India, Islamic Republic of Iran, Italy, Latvia, Liberia, Lithuania, Marshall Islands, Norway, Panama, Peru, Poland, Singapore, Sweden, Turkey and Vanuatu) reported 278 incidents of spillages of less than 50 tonnes. The type of substance spilled in most cases was oil;

3 - 3 - FSI 16/4.3 Part 2 of MEPC/Circ.318: eight Parties (out of 34 actually reporting) (Brazil, Canada, Germany, Greece, Japan, the Netherlands, Peru and Turkey) submitted 48 reports on alleged discharge violations. The type of substance discharged in most cases was oil;.4 Part 3(a) of MEPC/Circ.318: three Parties as flag States (out of 32 actually reporting) (Marshall Islands, Sweden and the United Kingdom) submitted nine reports of alleged inadequacies of reception facilities to the relevant port States;.5 Part 3(b) of MEPC/Circ.318: two Parties as port States (out of 32 actually reporting) (Australia and the United States) submitted 37 reports on actions taken by port States on alleged inadequacies of reception facilities referred to that State;.6 Part 4, sections 1 and 2 of MEPC/Circ.318: the total number of ships boarded in 2006 by port State control of the twenty-nine Parties reporting the outcome of inspections (Argentina, Australia, Brazil, Bulgaria, Canada, Chile, China, Croatia, Cuba, Estonia, Finland, Germany, Greece, India, Islamic Republic of Iran, Italy, Japan, Latvia, Lithuania, the Netherlands, Norway, Panama, Peru, Poland, Singapore, Sweden, Turkey, the United Kingdom and the United States) was 51,589, while the total number of ships detained in port or denied entry was 1,053, which is 2.0% of those boarded (see annex 2 of this document);.7 Part 4, section 1 of MEPC/Circ.318: of the 51,589 reported boardings, 67 ships had no IOPP Certificate or equivalency, 755 ships had IOPP Certificate or equivalency discrepancies, 129 ships had no Oil Record Book or equivalency, 2,930 ships had Oil Record Book or equivalency discrepancies, 192 ships lacked required pollution prevention equipment and 2,952 ships had required equipment not functioning. In total 7,025 discrepancies were recorded (see annex 2);.8 Part 4, section 3(a) of MEPC/Circ.318 on penalties imposed by port State: the number and sizes of penalties imposed by the 19 Party port States who reported (Argentina, Australia, Brazil, Bulgaria, Canada, Chile, China, Estonia, Finland, Germany, Greece, India, Japan, Latvia, Lithuania, the Netherlands, Norway, Poland and the United States) were as follows: Table 1 Section 3(a) of Part 4: Number of penalties imposed, maximum fine, minimum fine and average fine by port State Type of Violation Number of reported fines Fines (in Sterling) Max. Min. Average 1. Illegal discharge 153 2,394, , Oil Record Book 234 5,500, , IOPP Certificate 6 1, Other 798 5,

4 FSI 16/ Part 4, section 3(b) of MEPC/Circ.318 on penalties imposed by flag State: the number and sizes of penalties imposed by the 8 Party flag States who reported (Argentina, Brazil, China, Japan, Latvia, Liberia, Poland, and Singapore) were as follows: Table 2 Section 3(b) of Part 4: Number of penalties imposed, maximum fine, minimum fine and average fine by flag State Type of Violation Number of reported fines Fines (in Sterling) Max. Min. Average 1. Illegal discharge , , Oil Record Book IOPP Certificate Other 252 5, Compliance with the provisions of MEPC/Circ It should also be noted that:.1 although a modest increase in the rate of reporting by Parties took place in 2006 (24.6%), reporting in accordance with MEPC/Circ.318 continues to be low, as was the case in recent years (Figure 1); The rate of reporting by Parties 100% 90% 80% 70% 60% 50% 40% 30% 24.6% 16.8% 21.3% 20% 16.0% 20.8% 23.8% 22.4% 10% 16.1% 0% Figure 1.2 in some of the reports received, parts of the reporting formats were missing as is implied in paragraph 7 above, although in accordance with paragraph 5 of MEPC/Circ.318 nil returns are required from Parties for each reporting requirement from the perspective of port, coastal or flag States ;.3 a number of reports were submitted after the deadline (30 September each year) established by paragraph 5 of MEPC/Circ.318; and

5 - 5 - FSI 16/4.4 it is noted, in accordance with the request of the Sub-Committee for information on mandatory reports submitted outside the reporting period, that since the last session of the Sub-Committee, the following Parties have submitted reports for earlier years, as also depicted in annex 1: Croatia (2004 and 2005), India (2005), Panama (2000 to 2005), Peru (2004 and 2005), Singapore (2005), Spain (2004 and 2005), and Turkey (2002 to 2005). 9 Regarding the Sub-Committee s request for the Secretariat to revert with further information on the potential extraction of data required by MEPC/Circ.318 from relevant modules of GISIS, it is noted that progress on this issue is linked to the development of the GISIS module on port State control which is not finalized yet and which will be considered by the Sub-Committee under the agenda item on Harmonization of port State control activities. Action requested of the Sub-Committee 10 The Sub-Committee is invited to note the above information and take action as appropriate. ***

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7 FSI 16/4 ANNEX 1 STATUS OF MANDATORY REPORTS UNDER MARPOL FROM 2002 TO 2006 (as of 22 February 2008) MARPOL COUNTRY Annexes I and II Date of entry into force for country Albania 9 April 2007 Algeria 1 May 1989 Angola 4 January 2002 Antigua and Barbuda 29 April 1988 Argentina 1 December 1993!!!!! Australia 14 January 1988!!!!! Austria 27 August 1988 Azerbaijan 16 October 2004 Bahamas 2 October 1983! Bahrain 27 July 2007 Bangladesh 18 March 2003 Barbados 6 August 1994! Belarus 7 April 1994 Belgium 6 June 1984 Belize 26 August 1995 Benin 11 May 2000 Bolivia 4 September 1999! Brazil 29 April 1988!!!!! Brunei Darussalam 23 January 1987 Bulgaria 12 March 1985!!!!! Cambodia 28 February 1995 Canada 16 February 1993! Cape Verde 4 October 2003 Chile 10 January 1995!!!! China 2 October 1983!!!!! Colombia 2 October 1983! Comoros 22 February 2001 Congo 7 December 2004 Cook Islands 12 June 2007 Cote d Ivoire 5 January 1988 Croatia 8 October 1991!!! Cuba 21 March 1993!! Cyprus 22 September 1989 Czech Republic 1 January 1993 Democratic People s Republic of Korea 1 August 1985 Denmark 2 October 1983!!!! State was not a Party to MARPOL during reporting period A mandatory report was not submitted! A mandatory report was submitted in the reporting period A mandatory report was submitted outside the reporting period

8 FSI 16/4 ANNEX 1 Page 2 MARPOL Annexes I and II COUNTRY Date of entry into force for country Djibouti 1 June Dominica 21 September 2000! Dominican Republic 24 September 1999 Ecuador 18 August 1990 Egypt 7 November 1986 Equatorial Guinea 24 July 1996 Estonia 16 March 1992!!!!! Finland 2 October 1983!!!!! France 2 October 1983 Gabon 2 October 1983 Gambia 1 February 1992 Georgia 8 February 1995 Germany 2 October 1983!!!!! Ghana 3 September 1991 Greece 2 October 1983!!!!! Guatemala 3 February 1998 Guinea 2 January 2003 Guyana 10 March 1998 Honduras 21 November 2001 Hungary 14 April 1985 Iceland 25 September 1985 India 24 December 1986!!! Indonesia 21 January 1987 Iran (Islamic Republic) 25 January 2003!!! Ireland 6 April 1995!! Israel 2 October 1983 Italy 2 October 1983!!!!! Jamaica 13 June 1991 Japan 2 October 1983!!!!! Jordan 2 September 2006 Kazakhstan 7 June 1994 Kenya 15 March 1993 Kiribati 5 May 2007 Kuwait 7 November 2007 Latvia 20 August 1992!!!!! Lebanon 2 October 1983 Liberia 2 October 1983!!!!! Libya 28 July 2005 Lithuania 4 March 1992!!!!!

9 FSI 16/4 ANNEX 1 Page 3 MARPOL Annexes I and II COUNTRY Date of entry into force for country Luxembourg 14 May 1991 Madagascar 30 November 2005 Malawi 17 March 2002 Malaysia 1 May 1997 Maldives 20 August 2005 Malta 21 September Marshall Islands 26 July 1988!!!! Mauritania 24 February 1998 Mauritius 6 July 1995 Mexico 23 July 1992 Monaco 20 November 1992 Mongolia 15 January 2004 Montenegro 3 June 2006 Morocco 12 January 1994 Mozambique 9 February 2006 Myanmar 4 August 1988 Namibia 18 March 2003 Netherlands 2 October 1983!!!! New Zealand 25 December 1998!! Nicaragua 1 May 2001 Nigeria 24 August 2002! Norway 2 October 1983!!!!! Oman 13 June 1984 Pakistan 22 February 1995!! Panama 20 May 1985! Papua New Guinea 25 January 1994 Peru 2 October 1983! Philippines 15 September 2001 Poland 1 July 1986!!!!! Portugal 22 January 1988 Qatar 8 June 2006 Republic of Korea 23 October 1984!!! Republic of Moldova 11 January 2006 Romania 15 July 1993! Russian Federation 3 February 1984! Saint Kitts and Nevis 24 March 1998 Saint Lucia 12 October 2000 Saint Vincent and the Grenadines 28 January 1984 Samoa 7 May 2002 Sao Tome and Principe 29 January 1999

10 FSI 16/4 ANNEX 1 Page 4 MARPOL Annexes I and II COUNTRY Date of entry into force for country Saudi Arabia 23 August 2005 Senegal 16 April 1997 Serbia 27 April 1992 Seychelles 28 February Sierra Leone 26 October 2001 Singapore 1 February 1991!!!! Slovakia 1 January 1993 Slovenia 25 June 1991 Solomon Islands 30 September 2004 South Africa 28 February 1985! Spain 6 October 1984!! Sri Lanka 24 September 1997 Suriname 4 February 1989 Sweden 2 October 1983!!!!! Switzerland 15 March 1988 Syrian Arab Republic 9 February 1989 Thailand 2 February 2008 Togo 9 May 1990 Tonga 1 May 1996! Trinidad and Tobago 6 March 2000 Tunisia 2 October 1983 Turkey 10 January 1991! Tuvalu 22 November 1985!! Ukraine 25 January 1994 United Arab Emirates 15 April 2007 United Kingdom 2 October 1983!!!!! United States 2 October 1983!! Uruguay 2 October 1983 Vanuatu 13 July 1989!!!!! Venezuela 29 October 1994 Viet Nam 29 August 1991 Hong Kong, China (Associate Member) 1 July 1997!!!! State was not a Party to MARPOL during reporting period A mandatory report was not submitted in the reporting period! A mandatory report was submitted in the reporting period A mandatory report was submitted outside the reporting period ***

11 FSI 16/4 ANNEX 2 ANNUAL STATISTICAL REPORTS FOR 2006 Submitted by port States in fulfilment of requirements in MEPC/Circ NUMBER OF SHIPS BOARDED DURING REPORT PERIOD: 51,589 2 IOPP CERTIFICATION DISCREPANCIES 822 a) No certificate or equivalency 67 b) Certificate or equivalency discrepancy OIL RECORD BOOK DISCREPANCIES 3,059 a) No oil record book or equivalency 129 b) Oil record book or equivalency discrepancy 2,930 4 MARPOL EQUIPMENT DISCREPANCIES 3,144 a) Required equipment not on board 192 b) Required equipment not functioning 2,952 TOTAL NUMBER OF DISCREPANCIES 7,025 5 NUMBER OF SHIPS DETAINED IN PORT OR DENIED ENTRY 1, reports