MARPOL: The role of the Flag State Angus McLean Maritime Authority of the Cayman Islands
The majority of ocean pollution comes from.. LAND (but shipping still has its part to play)
International Convention for the Prevention of Pollution from Ships, 1973 Protocol of 1978 (Annex II) Protocol of 1997 (Annex VI)
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
Six Important Annexes
Where does the Flag State fit in? Ratification Legislation Implementation Enforcement
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.
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!
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!
Ratification and Legislation in the Caribbean IMO INSTRUMENT Ratifications In National Law % Ratification % Implementation MARPOL ANNEX I/II 12 3 86% 25% MAROL ANNEX III 12 3 86% 25% MAROL ANNEX IV 10 2 71% 20% MAROL ANNEX V 12 4 86% 33% MARPOL ANNEX VI 8 2 57% 25% From WIMAC MARPOL Business Case
Legislation: Why so low? Constitutional barriers Relevant expertise Technical and Legal Drafting Maritime seen as a low priority by legislators
Maritime: A low priority until
Without legislation Can you take steps to prevent? Can you prosecute offenders? Can you access compensation?
Implementation Survey and certification of own ships Build technical expertise in house Keep up to date! Intragovernmental co-operation.
MARPOL More than a Ship Registry matter t just survey and certification of ships MARPOL touches on the responsibilities of many Government Agencies
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
Implementation at home. Establish reception facilities Port State Control Reporting of incidents Investigation of incidents Cause proceedings to be taken
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 1 6 10 18 21 Annex I - cargo residues 10 Annex II Annex IV 7 16 ---21 --21 ---21 Annex V - Garbage other than cargo residues 8 11 17 20 21 A Plastics 2 9 B Food wastes 12 13 20 ---21 20 ---21 C Domestic Wastes 3 9 14 19 20 ---21 D Cooking Oil 4 14 20 ---21 E Incinerator ashes 5 9 15 19 20 ---21 F Operational wastes 5 14 19 20 ---21 Annex V - cargo residues 14 20 ---21 Annex VI n/a 20 ---21
Reception Facilities Required to be adequate Local challenges. Regional Co-operation
Port State Control Essential to safeguard your environment Needs properly qualified and experienced officers Needs to be properly funded!
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.
Article 6 Parties shall co-operate Ships may be inspected by other Parties Evidence of violations forwarded to Flag States Investigations by Flag States
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.
So that s all there is to it! Ratification Legislation Implementation Enforcement
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
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.
Thank You