IMO MEPC 59 Agenda Preview (Updated Version)

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1 IMO MEPC 59 Agenda Preview (Updated Version) The 59th session of IMO Marine Environment Protection Committee will be held on 13 th 17 th July June 2009 This publication, produced by Lloyd s Register, provides an overview of the agenda for MEPC 59, and summarises all the documents submitted for discussion at this meeting. It contains details of all papers submitted up to 29th June This document provides further update to the document released on 15 th June Synopses have been included for some agenda item. Except as permitted under current legislation no part of this publication may be photocopied, stored in a retrieval system, published, performed in public, adapted, broadcast, transmitted, recorded or reproduced in any form or by any means, without prior permission of the copyright owner. Enquiries should be directed to the above address. Where Lloyd's Register has granted written permission for any part of this publication to be quoted such quotation must include appropriate acknowledgement to Lloyd's Register.

2 Lloyd's Register, its affiliates and subsidiaries and their respective officers, employees or agents are, individually and collectively, referred to in this clause as the Lloyd's Register Group. The Lloyd's Register Group assumes no responsibility and shall not be liable to any person for any loss, damage or expense caused by reliance on the information or advice in this document or howsoever provided, unless that person has signed a contract with the relevant Lloyd's Register Group entity for the provision of this information or advice and in that case any responsibility or liability is exclusively on the terms and conditions set out in that contract. Lloyd s Register 2009 External Affairs 29/06/09 2 of 63

3 Contents 1. Agenda for MEPC Provisional Timetable 6 3. Harmful aquatic organisms in ballast water (RG) (Agenda Item 2) 7 4. Recycling of ships (WG) (Agenda Item 3) Prevention of air pollution from ships (WG) (Agenda Item 4) Consideration and adoption of amendments to mandatory instruments (DG) (Agenda Item 5) Interpretation of, and amendments to, MARPOL and related instruments (Agenda Item 6) Implementation of the OPRC Convention and the OPRC-HNS Protocol and relevant conference resolutions (Agenda Item 7) Identification and protection of Special Areas and Particularly Sensitive Sea Areas (Agenda Item 8) Inadequacy of reception facilities (Agenda Item 9) Reports of sub-committees (Agenda Item 10) Work of other bodies (Agenda Item 11) Status of conventions (Agenda Item 12) Harmful anti-fouling systems for ships (Agenda Item 13) Promotion of implementation and enforcement of MARPOL and related instruments (Agenda Item 14) Technical Co-operation Sub-programme for the Protection of the Marine Environment (Agenda Item 15) Role of human element (Agenda Item 16) Formal safety assessment (Agenda Item 17) 58 External Affairs 29/06/09 3 of 63

4 19. Development of a guidance document for minimizing the risk of ship strikes with cetaceans (Agenda Item 18) Noise from commercial shipping and its adverse impacts on marine life (Agenda Item 19) Work programme of the Committee and subsidiary bodies (Agenda Item 20) Any other business (Agenda Item 23) 61 External Affairs 29/06/09 4 of 63

5 1. Agenda for MEPC 59 Opening of the session 1. Adoption of the agenda 2. Harmful aquatic organisms in ballast water (RG) 3. Recycling of ships (WG) 4. Prevention of air pollution from ships (WG) 5. Consideration and adoption of amendments to mandatory instruments (DG) 6. Interpretations of and amendments to MARPOL and related instruments 7. Implementation of the OPRC Convention and the OPRC-HNS Protocol and relevant conference resolutions 8. Identification and protection of Special Areas and Particularly Sensitive Sea Areas 9. Inadequacy of reception facilities 10. Reports of sub-committees 11. Work of other bodies 12. Status of Conventions 13. Harmful anti-fouling systems for ships 14. Promotion of implementation and enforcement of MARPOL and related instruments 15. Technical Co-operation Sub-programme for the Protection of the Marine Environment 16. Role of the human element 17. Formal safety assessment 18. Development of a guidance document for minimising the risk of ship strikes with cetaceans 19. Noise from commercial shipping and its adverse impacts on marine life 20. Work programme of the Committee and subsidiary bodies 21. Application of the Committee s Guidelines 22. Election of Chairman and Vice-Chairman for 2010 External Affairs 29/06/09 5 of 63

6 23. Any other business 24. Consideration of the report of the Committee 2. Provisional Timetable Day and date 2009 Monday, 13 July Tuesday, 14 July Wednesday, 15 July Thursday, 16 July Friday, 17 July Item Item Title WG/DG No 1 Adoption of the agenda 4 Prevention of air pollution from ships (WG 1) WG 1 2 Harmful aquatic organisms in ballast water (RG) RG 3 Recycling of ships (WG 2) WG 2 16 Role of the human element (WG 3) WG 3 5 Consideration and adoption of amendments to DG mandatory instruments (DG) 6 Interpretations of and amendments to MARPOL and related instruments 7 Implementation of the OPRC Convention and the OPRC- HNS Protocol and relevant conference resolutions 8 Identification and protection of Special Areas and Particularly Sensitive Sea Areas 9 Inadequacy of reception facilities 10 Reports of sub-committees 11 Work of other bodies 12 Status of conventions 13 Harmful anti-fouling systems for ships 14 Promotion of implementation and enforcement of MARPOL and related instruments 15 Technical Co-operation Sub-programme for the Protection of the Marine Environment 17 Formal safety assessment 18 Development of a guidance document for minimizing the risk of ship strikes with cetaceans 19 Noise from commercial shipping and its adverse impacts on marine life 20 Work programme of the Committee and subsidiary bodies 21 Application of the Committee s Guidelines 22 Election of the Chairman and Vice-Chairman for Any other business Reports of the Working, Review and Drafting Groups 24 Consideration of the report of the Committee As agreed in principle at MEPC 58 (MEPC 58/23, paragraph 19.25), the following items will be considered by working, drafting or review groups: WG 1 Working Group on GHG issues; WG 2 Working Group on Guidelines for Ship Recycling; WG 3 Joint MSC/MEPC Working Group on the Human Element RG Review Group on Ballast Water Technologies; External Affairs 29/06/09 6 of 63

7 DG Drafting Group on amendments to mandatory instruments; and TG Technical Group on Emission Control Area and other MARPOL Annex VI related issues 3. Harmful aquatic organisms in ballast water (RG) (Agenda Item 2) Executive synopsis on this agenda item Background: The International Convention for the Control and Management of Ships Ballast Water and Sediment, 2004 will enter into force 12 months after ratification by 30 States, representing 35% of world merchant shipping tonnage. To date (as of 14 April 2009), there are 18 States that represent 15.36% of the world merchant shipping tonnage. IMO, at the 25th Session of its Assembly held in November 2007, had adopted a resolution (A.1005 (25) - Application of the International Convention for the Control and Management of Ships Ballast Water and Sediments, 2004). The aim of this resolution was to grant a period of grace for the ships built in 2009 in order to accelerate ratification of the convention. MEPC 59 will consider - The outcome of the eighth meeting of the GESAMP-BWWG (16 to 20 February 2008) with a view to approval of ballast water managements systems that make use of active substances. - The outcome of BLG 13 s consideration (2 to 6 March 2009) of the ballast water management issue will be brought to the attention of MEPC The outcome of the Review Group on Ballast Water Technologies, which will meet during MEPC 59, will be brought to the attention of the Committee. - any other submissions under this item. (Current approval of the system in accordance with MEPC.125(53)/MEPC.169 (57)) Product States SEDNA OCEAN Ballast Water Management System (using PERACLEAN ) PureBallast System NEI Electro-Clean System (ESC) OceanSaver Ballast Water Management System Hyde Marine guardian system Germany Sweden Liberia Republic of Korea Norway United Kingdom The procedure for the document submission for approval is given in BWM.2/Circ.13 and BWM.2/Circ.15. External Affairs 29/06/09 7 of 63

8 It should be noted that information on the approved system is available at IMO s website as a part of information provided by the Global Integrated Shipping Information System (GISIS) ( (Guidelines prepared for the implementation of the convention) ID MEPC Issued as Title G1 55 MEPC.152(55) GUIDELINES FOR SEDIMENT RECEPTION FACILITIES (G1) G2 58 MEPC.173(58) GUIDELINES FOR BALLAST WATER SAMPLING (G2) G3 53 MEPC.123(53) GUIDELINES FOR BALLAST WATER MANAGEMENT EQUIVALENT COMPLIANCE (G3) G4 53 MEPC.127(53) GUIDELINES FOR BALLAST WATER MANAGEMENT AND DEVELOPMENT OF BALLAST WATER MANAGEMENT PLANS (G4) G5 55 MEPC.153(55) GUIDELINES FOR BALLAST WATER RECEPTION FACILITIES (G5) G6 53 MEPC.124(53) GUIDELINES FOR BALLAST WATER EXCHANGE (G6) G7 56 MEPC.162(56) GUIDELINES FOR RISK ASSESSMENT UNDER REGULATION A-4 (G 7) G8 53 MEPC.125(53) revised by MEPC. 174 (58) GUIDELINES FOR APPROVAL OF BALLAST WATER MANAGEMENT SYSTEMS (G8) G9 53 MEPC.169 (57) PROCEDURE FOR APPROVAL OF BALLAST WATER MANAGEMENT SYSTEMS THAT MAKE USE OF ACTIVE SUBSTANCES (G9) G10 54 MEPC.140(54) GUIDELINES FOR APPROVAL AND OVERSIGHT OF PROTOTYPE BALLAST WATER TREATMENT TECHNOLOGY PROGRAMMES (G10) G11 55 MEPC.149(55) GUIDELINES FOR BALLAST WATER EXCHANGE DESIGN AND CONSTRUCTION STANDARDS (G11) G12 55 MEPC.150(55) GUIDELINES ON DESIGN AND CONSTRUCTION TO FACILITATE SEDIMENT CONTROL ON SHIPS (G12) G13 56 MEPC.161(56) GUIDELINES FOR ADDITIONAL MEASURES INCLUDING EMERGENCY SITUATIONS (G13) G14 55 MEPC.151(55) GUIDELINES ON DESIGNATION OF AREAS FOR BALLAST WATER EXCHANGE (G14) LR position: To monitor the development with a view to implementing the requirements once the Convention enters into force. Implications: There are possible impacts on new ship design in installing ballast water treatment system to a ship. Installation onboard existing ships will be a very challenging task. However, these issues are subject to the entry into force of the Convention. Application: N/A at present. However, once the Convention enters into force, it will apply to all ships carrying seawater ballast except for: 1. granted to a ship or ships on a voyage or voyages between specified ports or locations; or to a ship which operates exclusively between specified ports or locations; 2. effective for a period of no more than five years subject to intermediate review; External Affairs 29/06/09 8 of 63

9 3. granted to ships that do not mix ballast water or sediments other than between the ports or locations specified in 1 above; and 4. granted based on the Guidelines on risk assessment developed by the Organization. (Documents submitted) MEPC 59/2 (Germany) - Application for Final Approval of the RWO Ballast Water Management System (CleanBallast) This document contains the non-confidential information related to the application for Final Approval of the RWO Ballast Water Management System (CleanBallast) under the Procedure for approval of ballast water management systems that make use of Active Substances (G9) adopted by resolution MEPC.169(57). MEPC 59/2/1 (Japan) - Application for Final Approval of the Special Pipe Hybrid Ballast Water Management System (combined with Ozone treatment) This document contains the non-confidential information related to the application for Final Approval of the Special Pipe Hybrid Ballast Water Management System (combined with Ozone treatment) under the Procedure for approval of ballast water management systems that make use of Active Substances (G9) adopted by resolution MEPC.169(57). MEPC 59/2/2 (China) - Application for Basic Approval of the Blue Ocean Shield Ballast Water Management System This document contains the non-confidential information regarding the application for Basic Approval of the Blue Ocean Shield Ballast Water Management System in accordance with the Procedure for approval of ballast water management systems that make use of Active Substances (G9) adopted by resolution MEPC.169(57). The complete dossier has been submitted to IMO for review by the GESAMP-Ballast Water Working Group. MEPC 59/2/3 (The Republic of Korea) Application for Final Approval of the NK-O3 BlueBallast System (Ozone) This document contains the non-confidential information related to the supplementary application for Final Approval of the NK-O3 BlueBallast System (Ozone) under the Procedure for approval of ballast water management systems that make use of Active Substances (G9) adopted by resolution MEPC.169(57) MEPC 59/2/4 (Republic of Korea) - Application for Basic Approval of the HHI Ballast Water Management System (EcoBallast) This document contains the non-confidential information related to the application for Basic Approval of the HHI Ballast Water Management System (EcoBallast), in accordance with the Procedure for approval of ballast water management systems that make use of Active Substances (G9) adopted by resolution MEPC.169(57). MEPC 59/2/5 (Japan) - Application for Final Approval of the Hitachi Ballast Water Purification System (ClearBallast) This document contains non-confidential information related to the application for Final Approval of the Hitachi Ballast Water Purification System (ClearBallast) in accordance with the Procedure for approval of ballast water management systems that make use of Active Substances (G9) adopted by resolution MEPC.169(57). External Affairs 29/06/09 9 of 63

10 MEPC 59/2/6 (Netherlands) - Application for Final Approval of the Greenship Sedinox Ballast Water Management System This document contains the non-confidential information related to the application for Final Approval of the Greenship Sedinox Ballast Water Management System (the system received Basic Approval at MEPC 58 under the name of Greenship s Ballast Water Management System ), as required by the Procedure for approval of ballast water management systems that make use of Active Substances (G9) adopted by resolution MEPC.169(57) and in accordance with the Methodology for information gathering and the conduct of work of the GESAMP-BWWG. The system consists of particle removal system followed by an electrolytic process using chloride ions in surface water. Relevant documents together with the application dossier have been submitted to the Marine Environment Division of the Organization for review by the GESAMP-Ballast Water Working Group in accordance with the above-mentioned procedure. MEPC 59/2/7 (Republic of Korea) - Application for Final Approval of the GloEn-Patrol TM Ballast Water Treatment System This document contains the non-confidential information related to the application for Final Approval of the GloEn-Patrol TM Ballast Water Treatment System under the Procedure of approval of ballast water management systems that make use of Active Substance (G9) adopted by resolution MEPC.169(57). The documentation complies with the requirements related to assessments for Final Approval. MEPC 59/2/8 (Germany) - Application for Basic Approval of the AquaTriComb TM Ballast Water Treatment System This document contains the non-confidential information related to the application for Basic Approval of the AquaTriComb TM Ballast Water Treatment System under the Procedure for approval of ballast water management systems that make use of Active Substances (G9) adopted by resolution MEPC.169(57). MEPC 59/2/9 (Germany) - Application for Final Approval of the Ecochlor Ballast Water Management System This document contains the non-confidential information related to the application for Final Approval of the Ecochlor Ballast Water Management System under the Procedure for approval of ballast water managment systems that make use of Active Substances (G9) adopted by resolution MEPC.169(57). MEPC 59/2/10 (South Africa) - Application for Final Approval of the Resource Ballast Technologies System (Cavitation combined with Ozone and Sodium Hypochlorite treatment) This document contains the non-confidential information related to the application for Final Approval of the Resource Ballast Technologies System (Cavitation combined with Ozone and Sodium Hypochlorite treatment) in accordance with the Procedure for approval of ballast water management systems that make use of Active Substances (G9) adopted by resolution MEPC.169(57). The relevant documents and application dossier will be provided to the Marine Environment Division of the Organization for review by the GESAMP-Ballast Water Working Group. MEPC 59/2/11 (Germany) - Application for Basic Approval of the Siemens SiCURE TM Ballast Water Management System This document contains the non-confidential information related to the application for Basic Approval of the Siemens SiCURE TM Ballast Water Management System under the External Affairs 29/06/09 10 of 63

11 Procedure for approval of ballast water management systems that make use of Active Substances (G9) adopted by resolution MEPC.169(57). MEPC 59/2/12 (Secretariat) - Development of a ballast water management system database in the Global Integrated Shipping Information System (GISIS) This document proposes the establishment of a ballast water management system database in the Global Integrated Shipping Information System (GISIS) based on resolution MEPC.175(58) Information reporting on type approved ballast water management Systems. MEPC 59/2/13 (Secretariat) - Stock-taking Workshop on the Activity of the GESAMP- Ballast Water Working Group This document provides the outcome of the Stock-taking Workshop on the Activity of the GESAMP-Ballast Water Working Group. Action requested of the Committee The Committee is to take note of the information contained in this document and, in particular, to: 1. note the progress made with regard to the database for chemical by-products formed during the ballast water treatment; human exposure scenario; and environmental risk assessment models for ballast water discharge; 2. note the clarification contained in paragraphs 12 to 15 on the proposed changes to the Methodology by CEFIC; and 3. agree to the changes made to section 2.3 of the Methodology. MEPC 59/2/14 (Secretariat) - Clarification regarding the application dates contained in regulation B-3.1 of the BWM Convention This document provides a draft technical circular with regard to clarification on the application dates of the ballast water performance standard (D-2 standard) contained in regulation B-3.1 of the Ballast Water Management Convention. MEPC 59/2/15 (Secretariat) - Outcome of BLG 13 concerning ballast water management This document reports on the outcome of BLG 13 concerning ballast water management. Action requested of the Committee The Committee is to approve the section on ballast water management of the report of BLG 13 in general and, in particular, to: 1. endorse the Sub-Committee s decision to merge the Guidance document on how chemicals used to treat ballast water should be handled and stored on board and the Guidance document on safety procedures for ship and crew against risks associated with the ballast water management systems that make use of Active Substances in one guidance document (paragraph 5.23); 2. approve the consolidated Guidance to ensure safe handling and storage of chemicals used to treat ballast water and the development of safety procedures for risks to the ship and crew resulting from the treatment process, and to agree with its dissemination as a technical circular (paragraph and Annex 5); 3. note that Members and observers were urged to submit their future contributions to the development of an IMO circular to provide ballast water sampling and analysis protocols, taking into consideration the aide-mémoire prepared by the Sub-Committee, to BLG 14 (paragraph and Annex 6); 4. approve the dissemination of an engineering questionnaire developed by Brazil through a technical circular (paragraph and Annex 7); and External Affairs 29/06/09 11 of 63

12 5. note the Action Plan for uniform implementation of the BWM Convention and Sub-Committee s arrangements for correspondence and working groups (paragraph and Annex 8). MEPC 59/2/16 (Secretariat) - Report of the eighth meeting of the GESAMP-Ballast Water Working Group This document contains the report of the eighth meeting of the GESAMP-Ballast Water Working Group (GESAMP-BWWG) and includes the evaluation of proposals submitted for approval by Japan, Germany, the Republic of Korea and China. Following the decision of MEPC 58, only the main body of the GESAMP-BWWG s reports is translated in all the three working languages with the Annexes in English only. Action requested of the Committee The Committee is to: 1. agree that Final Approval is not given to the Special Pipe Hybrid Ballast Water Management System (combined with Ozone treatment) submitted by Japan in document MEPC 58/2/1 (see Annex 4*); 2. agree that Final Approval is given to the RWO Ballast Water Management System (CleanBallast) submitted by Germany in document MEPC 59/2 (see Annex 5); 3. agree that Final Approval is given to the NK-O3 BlueBallast System (Ozone) submitted by the Republic of Korea in document MEPC 59/2/3 (see Annex 6); 4. agree that Basic Approval is given to the Blue Ocean Shield Ballast Water Management System submitted by China in document MEPC 59/2/2 (see Annex 7); 5. agree that Basic Approval is given to the HHI Ballast Water Management System (EcoBallast) submitted by the Republic of Korea in document MEPC 59/2/4 (see Annex 8); 6. note the opinion of the GESAMP-BWWG that the application related to the HHI Ballast Water Management System (EcoBallast) also fulfilled the requirements of Procedure (G9) for Final Approval (see section 4.7 and Annex 8); 7. agree that ballast water management systems which employ UV light should also be reviewed in accordance with the requirements of Procedure (G9) (see paragraphs and 4.2.3); 8. urge Administrations to thoroughly evaluate the application dossiers and confirm that they are satisfactory and complete before submitting their proposals to the Organization in accordance with Procedure (G9) (see paragraphs to 4.2.7); 9. consider changing references to Toxicity in section 5 of Procedure (G9) to Ecotoxicity in order to remove any suggestion that mammalian toxicity studies need to be performed on treated ballast water (see Annex 6, section 4.7); 10. note the Group s recommendations for corrosion testing contained in section 5.1 of the report and invite Member and observers to submit their further contributions with a view to endorsing these recommendations and their inclusion in the Methodology at MEPC 60; and 11. approve the report in general. MEPC 59/2/17 (United Kingdom) - Use of potable water as ballast water The Ballast Water Management Convention requires vessels to meet the ballast water performance standard (D-2 standard) when discharging ballast water. Use of potable water as ballast water would provide smaller vessels, where physical space may be limited, with an alternative approach to installing a ballast water management system to comply with the Convention. Clarification is sought from the Committee as to whether potable water generated on board a ship can be used as ballast water. External Affairs 29/06/09 12 of 63

13 MEPC 59/2/18 (Japan) - Consideration on the availability of Ballast Water Management System for ships constructed in 2010 subject to regulation B-3.3 This document provides basic information for discussion of the issue of a ship constructed in 2010, subject to regulation B-3.3, and the immediate availability of typeapproved technology for such a ship to meet the D-2 standard. MEPC 59/2/19 (Secretariat) - Report of the ninth meeting of the GESAMP-Ballast Water Working Group This document contains the report of the ninth meeting of the GESAMP-Ballast Water Working Group (GESAMP-BWWG) and includes the evaluation of proposals submitted for approval by Japan, the Netherlands and Germany. Following the decision of MEPC 58, only the main body of the GESAMP-BWWG s reports is translated in all the three working languages with the Annexes in English only. Action requested of the Committee The Committee is to: 1. agree that Final Approval is given to the Hitachi Ballast Water Purification System (ClearBallast) submitted by Japan in document MEPC 59/2/5 (see Annex 4); 2. agree that Final Approval is given to the Greenship Sedinox Ballast Water Management System submitted by the Netherlands in document MEPC 59/2/6 (see Annex 5); 3. agree that Basic Approval is given to the AquaTriCombTM Ballast Water Treatment System submitted by Germany in document MEPC 59/2/8 (see Annex 6); 4. note that the Group had agreed to hold an extraordinary meeting (GESAMP- BWWG 10), tentatively scheduled from 14 to 18 September 2009, to evaluate the remaining four proposals submitted by the deadline of 19 December 2008 and report to MEPC 60; 5. note the suggested time schedule for the eleventh meeting of the GESAMP- BWWG (19 to 23 October 2009) and invite Members to submit their proposals for approval (application dossiers) and the non-confidential description of their ballast water management systems to MEPC 60, as soon as possible but not later than 28 August 2009; and 6. approve the report in general. MEPC 59/2/20 (WWF) - Comments on the implementation of the Ballast Water Management Convention This document comments on document MEPC 59/2/14 and highlights the need for urgent action regarding the implementation of the Ballast Water Management Convention (BWM Convention). WWF reports on increased number of invasions and encourages flag States and shipowners to implement the BWM Convention prior to MEPC 59/INF.3 (ROPME/MEMAC) - Second Regional Steering Committee Meeting on Ballast Water Management Identification of ballast water exchange area outside the ROPME Sea Area This document provides information on the Second ROPME Sea Area Regional Steering Committee Meeting on Ballast Water Management held in the Kingdom of Bahrain on 4 and 5 November 2008, in which the requirements of mandatory ballast water exchange outside the ROPME Sea Area, was discussed. External Affairs 29/06/09 13 of 63

14 MEPC 59/INF.6 (Republic of Korea) - Information on the Type Approval Certificate of the Electro-CleenTM System (ECS) This document provides information on the Type Approval Certificate of the Electro- CleenTM System manufactured by Techcross Inc. MEPC 59/INF.7 (Iran) - Ballast water monitoring measures: Potential introduction of harmful aquatic species to Khark Island coasts This document provides information regarding a research on potential introduction of invasive bivalvia to Khark Island through ships ballast water. MEPC 59/INF.14 (Turkey) - Project on control and management of harmful organisms transferred by ballast water This document provides information on an accomplished national project on the effect of harmful aquatic organisms and pathogens transferred by ships ballast water, initiated by the Undersecretariat for Maritime Affairs of Turkey, and information on the pilot implementation project on ballast water management in Iskenderun Bay. MEPC 59/INF.17 (Norway) - Information on the Type Approval Certificate of the OceanSaver Ballast Water Management System This document confirms the verification by the Norwegian Administration according to the recommendations made in Annex 4 of the Report of the seventh meeting of GESAMP-BWWG (MEPC 58/2/8). Furthermore, it contains relevant information on the Type Approval Certificate of the OceanSaver Ballast Water Management System (OS BWMS) manufactured by OceanSaver. MEPC 59/INF.20 (United Kingdom) - Type Approval of the Hyde GUARDIANTM Ballast Water Management System This document provides a notification to the Organization by the United Kingdom that it has type approved the Hyde GUARDIANTM ballast water management system in accordance with the Guidelines for approval of ballast water management systems (G8), in compliance with regulation D-3.1 of the International Convention for the Control and Management of Ships Ballast Water and Sediments MEPC 59/INF.24 (Germany) - Information on the North Sea Ballast Water Opportunity Project within the European Union Regional Development Fund Interreg IVB Programme This document introduces a project in the North Sea Region aiming to promote coherent and innovative regional policies and science for ballast water management in support of the implementation of the Ballast Water Management Convention. MEPC 59/INF.25 (IMarEST) - Importance of water density for the efficacy of ballast water exchange using the flow-through or dilution methods This document provides information regarding the importance of considering water density when conducting ballast water exchange using the flow-through or dilution method. 4. Recycling of ships (WG) (Agenda Item 3) Executive synopsis on this agenda item External Affairs 29/06/09 14 of 63

15 Background: MEPC 59 will be informed of the outcome of the diplomatic conference that adopted the International Convention for the Safe and Environmentally Sound Recycling of Ships, held in Hong Kong, China, between 11 and 15 May MEPC 59 will consider the report of an intersessional correspondence group established at MEPC 58 with the task of further developing, and finalizing if possible, the text of the Guidelines for safe and environmentally sound ship recycling and the Guidelines for the inventory of hazardous materials. The outcome of the Working Group on Guidelines for Ship Recycling, which will meet during MEPC 59, will be brought to the attention of the Committee. It is expected that this group will finalise the guidelines for the preparation of the Inventory of Hazardous Materials. The outcome of the third meeting of the Joint ILO/IMO/BC Working Group on Ship Scrapping (held in Geneva from 29 to 31 October 2008) will also be brought to the attention of the Committee. MEPC 59 will also consider any other submissions under this item. LR position: Supports the Convention and looks to early implementation and successful interim measures. LR presently provides the Inventory of Hazardous Materials and is working on other areas to help implement the convention as well as the ISO series for ship recycling facilities. Implications: Now the Convention is adopted, it must be ratified. In the interim period, important guidelines will be written which will affect the implementation of the Convention. Application: Ships of 500 gt or over. (Documents submitted) MEPC 59/3 (Japan) - Report of the correspondence group on ship recycling guidelines (Part I) This report summarizes the work of the correspondence group on ship recycling guidelines established by MEPC 58. MEPC 59/3/1 (Japan) - Report of the correspondence group on ship recycling guidelines (Part II) This report summarizes the work of the correspondence group on ship recycling guidelines established by MEPC 58. MEPC 59/3/2 (Republic of Korea) - Proposal to develop guidelines for Competent Authorities to facilitate the delegation to Recognized Organizations for the authorization of Ship Recycling Facilities This document proposes the consideration for the development of guidelines for Competent Authorities to facilitate the delegation to ROs of their authority regarding the authorization of Ship Recycling Facilities under regulation 16 of the International Convention for the Safe and Environmentally Sound Recycling of Ship. MEPC 59/3/3 (Secretariat) - Outcome of the 2009 International Conference on the Safe and Environmentally Sound Recycling of Ships External Affairs 29/06/09 15 of 63

16 This document reports on the outcome of the 2009 International Conference on the Safe and Environmentally Sound Recycling of Ships. 1. The Conference adopted the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009, the text of which is contained in document SR/CONF/ Fifty-nine States signed the Final Act of the Conference. 3. The Convention will be open for signature at the Headquarters of the Organization from 1 September 2009 and will remain open for signature until 31 August Thereafter, it will remain open for accession. 4. Resolution 4 invites the Organization to develop and adopt, as a matter of urgency, guidelines associated to the requirements of the Convention. Resolution 6 invites the MEPC to explore possible ways for monitoring the functioning of the Convention, and for ensuring that Parties establish mechanisms for overseeing that Ship Recycling Facilities comply with the requirements of the Convention. MEPC 59/3/4 (Marshall Islands) - Guidelines concerning non-party and flagless ships This submission requests the Committee, when considering the actions necessary to further implement the results of recently concluded diplomatic International Conference on the Safe and Environmentally Sound Recycling of Ships, to develop guidelines concerning the recycling of flagless and non-party ships by Parties to the Convention. MEPC 59/3/5 (Secretariat of the Basel Convention) - Appropriate criteria to carry out a preliminary assessment of equivalency between the Basel Convention and the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 This document provides a summary of comments received from Parties to the Basel Convention on appropriate criteria to be used in carrying out a preliminary assessment on whether the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009, as adopted, establishes an equivalent level of control and enforcement as that established under the Basel Convention, in their entirety. MEPC 59/3/6 (Secretariat) - European Parliament resolution of 26 March 2009 on an EU strategy for better ship dismantling The document reproduces the text of a European Parliament resolution on a European Union strategy for better ship dismantling. MEPC 59/3/7 (United States) - Comments on the report of the correspondence group on Ship Recycling, and a proposal for the framework of guidance on safe-for-entry and safe-for-hot work conditions in safe and environmentally sound ship recycling This document provides comments on the report of the correspondence group on Ship Recycling, taking into account the results of the 2009 International Conference on the Safe and Environmentally Sound Recycling of Ships, held in Hong Kong, China. A framework is proposed for guidance on the establishment, maintenance, and monitoring of safe-for-entry and safe-for-hot work conditions. MEPC 59/3/8 (IACS) - Comments on the report of the correspondence group on ship recycling This document provides comments on the report of the correspondence group on ship recycling. External Affairs 29/06/09 16 of 63

17 MEPC 59/3/9 (Secretariat) - Proposed MEPC resolution on the calculation of recycling capacity for meeting the Convention s entry-into-force conditions This document conveys the request, by the 2009 International Conference on the Safe and Environmentally Sound Recycling of Ships, for MEPC to develop the procedure for calculating the ship recycling capacity by the Depositary, and proposes a draft MEPC resolution as a basis for the Committee s deliberations. MEPC 59/INF.2 (Secretariat) - Report of the third session of the Joint ILO/IMO/BC Working Group on Ship Scrapping (29 to 31 October 2008) This document provides the report of the third session of the Joint ILO/IMO/BC Working Group on Ship Scrapping which met from 29 to 31 October Action requested of the Committee The Committee is invited to take note of the report of the Joint Working Group and to make such comments and recommendations, as it may deem appropriate. In particular, the Committee is invited to:.1 note the decision by the Joint Working Group on joint technical cooperation projects (paragraphs 90 and 91*);.2 note the recommendations adopted by the Joint Working Group for interim measures to be taken prior to the entry into force of the Convention (paragraphs 160 and 161); and.3 note the views expressed by the Joint Working Group during its discussion on whether there was a need for any future meetings of the Group (paragraphs 180 to 193). 5. Prevention of air pollution from ships (WG) (Agenda Item 4) Executive synopsis on this agenda item Background: Both control of greenhouse gas (GHG) emissions and issues relating to the revised Annex VI to MARPOL on the control of air pollution from ships will be discussed under this agenda item. However, the major part of the debate will centre on the control of GHG emissions. MEPC 59 will aim to finalise and approve a package of measures aimed at improving fuel efficiency of ship design and operation, including: An Energy Efficiency Design Index for new ships intended to stimulate innovation and technical development in improved energy efficiency; An Energy Efficiency Operational Indicator to standardise fuel efficiency assessment for ships in service; A Ship Energy Efficiency Management Plan (SEMP) which incorporates voluntary guidelines for best practice in fuel efficient ship operation, Discussion of a parallel market based scheme to control overall emissions from the world fleet has been limited at the IMO. This is largely due to differing views on whether an international control regime should be applicable to ships from all countries or from developed ( Annex I ) countries only. Progress in this area at MEPC 59 is of key importance and a number of papers deal with this. However, it is likely that until the question of applicability is addressed unambiguously by the UNFCCC, the IMO will struggle to obtain agreement on market based measure(s) to control emissions overall. LR position: Contribute technical expertise to support the debate at IMO and other for; initiate development of relevant services as requirements become clearer. External Affairs 29/06/09 17 of 63

18 Implications: Prior to any firm decision on measures, the impact is uncertain; however possible implications include: Builder and designers: The EEDI may require improvement in fuel efficiency to meet EEDI performance standards and/or client requirements. Owners & managers: the impact is as yet uncertain. Flag Administrations and recognized organisations: Implementation of the measures developed under this agenda item. (Documents submitted) MEPC 59/4 and MEPC 59/4/Add.1 (Secretariat) - The United Nations Framework Convention on Climate Change (UNFCCC) - Outcome of the United Nations Climate Change Conference held in Poznań, Poland, in December 2008 This document presents the outcome of the United Nations Climate Change Conference held in Poznań, Poland, in December 2008, as it relates to international shipping, as well as an account of IMO s involvement in the Conference. The subject of emissions from international shipping was on the agenda for SBSTA 29 and AWG-KP 6, but it was also briefly covered by the other two subsidiary bodies. AWG-LCA is considered by many Parties and NGOs as a more appropriate body to consider the matter as the Kyoto Protocol may expire in four years time when the first commitment period ends. A number of delegations supported the idea of levies on fuel used by international aviation and shipping as the representatives saw such a mechanism as a possible source of funding for adaptation and mitigation measures, in particular, in developing countries. MEPC 59/4/1 (Secretariat) - Sulphur monitoring for 2008 This document presents the results of sulphur monitoring for As shown in the Annex to this document, the average sulphur content of the tested residual fuel oil has decreased since 2007 by 0.05 percentage points from 2.42% to 2.37%. MEPC 59/4/2 and MEPC 59/4/2/Corr.1 (Secretariat) Report of the outcome of the second Intersessional Meeting of the Working Group on Greenhouse Gas Emissions from Ships The second Intersessional Meeting of the Working Group on Greenhouse Gas Emissions from Ships took place at IMO Headquarters from 9 to 13 March 2009 under the chairmanship of Mr. Koichi Yoshida (Japan). More than 200 representatives from Member Governments and observer organizations participated in five day meeting. Action requested of the Committee The Marine Environment Protection Committee is to: 1. consider, toward finalization, the draft guidelines for Energy Efficiency Design Index (EEDI) as set out in Annex 2 and consider preparation of an MEPC Resolution or an MEPC Circular to implement the EEDI on a voluntary basis; 2. note the group s view on the application of the EEDI as set out in Annex 2 to certain types of ships (e.g., passenger ships and ships having diesel-electric, turbine or hybrid propulsion systems) (paragraph 2.11 and Annex 2); 3. note the group s view on the baseline issues (paragraphs 2.43 to 2.46); 4. note the intention of the members regarding the verification process on the EDI (paragraphs 2.51 to 2.57); 5. agree with the change of the title of the Energy Efficiency Operational Index o Energy Efficiency Operational Indicator (paragraph 3.9); 6. note that the content of Annex 3 was sent to the correspondence group for energy Efficiency Operational Index (EEOI) (paragraph 3.12 and Annex 3); External Affairs 29/06/09 18 of 63

19 7. note the proposed outline of a Ship Efficiency Management Plan (SEMP) in Annex 4 and consider the proposed concept of the SEMP, as set out in Annex 5 paragraphs 4.1 to 4.8 and Annexes 4 and 5); 8. note the group s agreement on the best practices for fuel-efficient operation of ships (paragraphs 5.1 to 5.4) and consider the recommendation of the group in paragraph 5.4; 9. note the group s view on the possible impacts on the shipping sectors from applying the measures envisaged (paragraphs 6.1 to 6.2); and 10. approve the report in general. MEPC 59/4/3 (ISO) - Response to IMO Secretariat s invitation to ISO to make recommendations regarding fuel characteristics and parameters addressing air quality, ship safety, engine performance and crew health ISO was requested by IMO (MEPC 58/23) to consider the list of fuel parameters provided by MEPC. This document contains the response to the enquiry and other relevant information. In addition, the ISO Committee Classification and Specification of Marine Fuels is currently working on a revision of the ISO 8217 Specifications of marine fuels. MEPC 59/4/4 (Secretariat) - Second IMO GHG Study Update of the 2000 IMO GHG Study Status report from the Steering Committee This document provides a final status report on the updating of the 2000 IMO Greenhouse Gas Study. The Steering Committee established to assist the Secretariat in undertaking the update agreed that the updated study should be titled: Second IMO GHG Study Action requested of the Committee The Committee is to consider the information provided and take action as appropriate, and in particular to: 1. note that the Steering Committee agreed that the final report meets the Terms of Reference as adopted by MEPC 56 and unanimously accepted it, recognizing that the responsibility for the scientific content of the study rests with the authors; 2. congratulate the Consortium for providing a comprehensive and balanced study; 3. note that the Steering Committee agreed that the updated 2000 IMO GHG Study should be titled: Second IMO GHG Study 2009 ; 4. note that the study has been funded through voluntary contributions and agree that the balance should be transferred back to the Onassis Fund and used for follow-up activities as agreed by the Committee or initiated by the Secretary- General; 5. express its profound appreciation and wholehearted thanks to the donors (Australia, Canada, Denmark, Germany, the Marshall Islands, the Netherlands, Norway, Sweden, the United Kingdom and the Japanese Shipowner Association); 6. encourage Member States and observers to contribute financially towards the follow-up activities; and 7. note that the Steering Committee has completed its work for the second IMO GHG Study MEPC 59/4/5 (Denmark) - An International Fund for Greenhouse Gas Emissions from Ships This document explains the basic elements of the proposed International Fund for Greenhouse Gas Emissions from Ships. External Affairs 29/06/09 19 of 63

20 MEPC 59/4/6 (ICS, OCIMF, BIMCO and INTERCARGO) Assessment of fuel availability and quality This document proposes the establishment of an MEPC correspondence group, tasked to investigate appropriate mechanisms for studying, on an annual basis, developments in the supply and demand for bunker fuels compliant with the revised MARPOL Annex VI. MEPC 59/4/7 (Secretariat) - Second IMO GHG Study Update of the 2000 IMO GHG Study - Executive Summary The Annex to this document provides the executive summary of the report (Phase 1 and Phase 2) on the updated 2000 IMO GHG Study on greenhouse gas emissions from ships, titled: Second IMO GHG Study The full report can be found in document MEPC 59/INF.10. MEPC 59/4/8 (Australia and the Netherlands) - Report of the Intersessional Correspondence Group on Greenhouse Gas Related Issues This report summarizes the work of the Intersessional Correspondence Group on Greenhouse Gas Related Issues re-established by MEPC 57. It provides comments and proposals for consideration in the development of market-based measures for international shipping. MEPC 59/4/9 (Chairman) - Outcome of informal consultations conducted by the Chairman and proposals for further progress This document contains proposals by the Chairman to ensure that IMO s work on control of GHG emissions from international shipping is progressing satisfactorily. MEPC 59/4/10 (SIGTTO) - Considerations of CO2 conversion factors for vessels using liquefied gases as fuel This document proposes revision of the CO2 conversion factors contained in MEPC/Circ.471. The combustion scientific background to the proposed changes is included. MEPC 59/4/11 (ISO) - Update on standardization work in ISO and IEC for shore power This document informs the Committee of the status of ongoing standardization work within ISO and IEC regarding the shore supply of electrical power to ships in port (cold ironing) in order to reduce engine emissions. MEPC 59/4/12 (CLIA) - Consideration of the Energy Efficiency Design Index for New Ships - Refinements to the draft guidelines on the method of calculation of the energy efficiency design index for new ships for conventional passenger ships This document describes the work done to date by CLIA in coordination with the Cruise Ship Safety Forum to address issues with the proposed EEDI formulation contained within Annex 2 to MEPC 59/4/12 that are particular to new conventional passenger ships. These refinements include the power table verification process by use of a guideline, the environmental conditions, the propulsion chain sefficiency, an improved Specific Fuel Consumption (SFC) definition for auxiliary engines, conversion factor, an improved wording and a diagram of the marine plant. MEPC 59/4/13 (ICS) - The need for refinement of the Energy Efficiency Design Index (EEDI) This document provides comments on issues related to the technical application of the EEDI to a wide range of vessel types. Proposals to refine the present formulation are then presented to address the issues which have been raised. External Affairs 29/06/09 20 of 63

21 MEPC 59/4/14 (Canada, Estonia, Finland, Norway and Sweden) - Correction coefficients fj and fi for EEDI for ships having an ice class The purpose of this document is to present development of the fj coefficients for power and coefficients fi for capacity in the attained Energy Efficiency Design Index for new ships having an ice class. The methodology agreed at the second Intersessional Meeting of the Greenhouse Gas Working Group is followed in the development of the correction coefficients. The form of both correction coefficients is essentially the ratio between the main engine power or capacity value of a ship designed for open water conditions only and that of the ice-classed ship. The formulation of the coefficients was investigated in a pilot study for tankers using the Lloyd s Register Fairplay database of about 2,700 open water and ice-class tankers, see GHG-WG 2/2/20. The analysis yielded a practical suggestion for the power and deadweight correction coefficients for tankers. In this document the methodology is applied to all ship types covered by the EEDI, and proposals for the correction coefficients are given for calculation of EEDI for ships having an ice class. MEPC 59/4/15 (Japan) - Energy Efficiency Operational Indicator (EEOI) - Report of the correspondence group This document provides the report of the correspondence group established by MEPC 58 to review the Energy Efficiency Operational Index and draft Guidelines for the Energy Efficiency Operational Indicator for consideration with a view to approval of the Committee. Action requested of the Committee The Committee is to consider the report above and, in particular, the draft MEPC Circular and the draft Guidelines on the EEOI as set out in Annex 1 to this report and take action as appropriate. MEPC 59/4/16 (Iran) - Form of legal instrument addressing greenhouse gas emissions from ships This document provides comments on the form of the legal instrument addressing greenhouse gas emissions from ships. MEPC 59/4/17 (OCIMF) - Technical evaluation of market-based instruments This document considers the relative advantages and disadvantages of an Emission Trading Scheme and the GHG Compensation Fund proposal. MEPC 59/4/18 (Secretariat) - Market-based measures to reduce greenhouse gas emissions from international maritime transport This document provides a summary of relevant background documents and documents kept in abeyance from the last session of the Committee that, together with submission to this session, will be the basis for the in-depth debate on market-based measures to reduce or limit greenhouse gas emissions from international shipping. MEPC 59/4/19 (Secretariat) - Advice by GESAMP on the interim criteria for discharge of washwater from Exhaust Gas Cleaning Systems for removal of sulphur-oxides The Annex to this document contains the comments and input by GESAMP related to the interim washwater discharge criteria for Exhaust Gas Cleaning Systems, as requested by MEPC 57. External Affairs 29/06/09 21 of 63

22 MEPC 59/4/20 (China) - Considerations of the EEDI Baselines This document provides comments and proposals on the EEDI Baseline formula on the basis of the results upon the recalculation of EEDI values for oil tanker, dry bulk carriers and containerships from LRFP database. MEPC 59/4/21 (China) - Comments on the coefficient fw in the EEDI formula This document provides comments on the coefficient fw in the draft interim guidelines on the method of calculation of the Energy Efficiency Design Index for new ships which is included in document MEPC 59/4/2, Annex 2. MEPC 59/4/22 (Republic of Korea) - Calculation of the EEDI for LNG Carrier Case Study This document provides a practical calculation result of the EEDI for LNG carrier adopting the steam turbine propulsion, diesel-electric propulsion and diesel propulsion system, and proposes re-consideration of the baseline for LNG carriers. MEPC 59/4/23 (Finland and Sweden) - Definition of ship types to be covered by Energy Efficiency Design Index This document is submitted to propose refinements of the definitions for the ship types to be covered by the Energy Efficiency Design Index (EEDI) for the benefit of having an appropriate basis of comparison between ships. MEPC 59/4/24 (Norway) - A methodology for establishing an emission cap in an ETS for international shipping This document presents a methodology for setting an emission cap in an Emission Trading Scheme for international shipping. MEPC 59/4/25 (France, Germany and Norway) - Positive Aspects of a Global Emission Trading Scheme for International Shipping The 58th session of the MEPC agreed to hold an in-depth discussion of possible marketbased instruments to reduce GHG emissions from ships at MEPC 59. Germany, France and Norway wish to provide further input to this discussion. A global Emission Trading Scheme (ETS) for shipping is regarded as a workable and effective mechanism that should be further developed as it can provide reliable emission control and be practicable at the same time. This document identifies main elements of the mechanism and issues that need to be discussed to further develop a global ETS for shipping. MEPC 59/4/26 (France, Germany and Norway) - Cornerstones for an outline of an convention of a Global Emission Trading Scheme for International Shipping France, Germany and Norway wish to provide further input to the in-depth discussion of possible market based instruments to reduce GHG emissions from shipping at MEPC 59. This document identifies cornerstones for a new legal instrument and for the implementation of such an instrument which ensure that the advantages of an ETS for shipping can unfold and the structure of existing instruments used as far as possible. MEPC 59/4/27 (IACS) - Comments on verification of the proposed Energy Efficiency Design Index (EEDI) This document provides comments and proposals regarding the verification of input parameters of the Energy Efficiency Design Index (EEDI) as set out in document MEPC 59/4/2. MEPC 59/4/28 (CLIA) - Consideration of the Energy Efficiency Design Index for New Ships - Guideline for the uniform definition of Electric power Table for EEDI External Affairs 29/06/09 22 of 63

23 This document proposes guidelines to calculate the Auxiliaries load for passenger ship PAE MEPC 59/4/29 (CLIA) - Consideration of the Energy Efficiency Design Index for New Ships - Refinements to the draft guidelines on the method of calculation of the energy efficiency design index for new ships for non-conventional passenger ships This document describes the work done to date by CLIA to address issues with the proposed EEDI formulation contained within Annex 2 to MEPC 59/4/2 that are particular to new non-conventional passenger ships. These refinements include familiarization with propulsion power correction for redundancy, correction for gear boxes, an improved SFC, improved formulation for the efficient use of energy and a diagram of the marine plant. MEPC 59/4/30 (United States) - Proposal for an Energy Efficiency Design Index Verification Process This document proposes a verification and approval process for the Energy Efficiency Design Index for new ships. This document invites the Committee to consider and develop possible remedial options in case a ship should fail to attain its required EEDI. MEPC 59/4/31 (Finland) - Proposed amendments to resolution MEPC.170(57) Guidelines for Exhaust Gas Cleaning Systems This document provides comments and proposals for possible amendments to resolution MEPC.170(57), Guidelines for Exhaust Gas Cleaning Systems. MEPC 59/4/32 (CLIA) - Consideration of adoption of three principles for market-based instruments This document proposes that IMO consider three important principles in choosing and implementing market-based instruments (MBI) to reduce or mitigate GHG emissions from international shipping: respect the IMO principle of no more favourable treatment of ships; ensure that investment is made in high quality, multiple benefit carbon mitigation investments; and respect the UNFCCC principle of common but differentiated responsibilities and respective capabilities. MEPC 59/4/33 (United States) - Draft Guidelines on the Ship Energy Management Plan (SEMP) The second intersessional Meeting of the Working Group on Greenhouse Gas Emissions from Ships (GHG-WG 2) invited submissions on the draft Ship Energy Management Plan to MEPC 59. Taking into account the decisions, as well as views expressed at GHG-WG 2, this document provides draft Guidelines on the Ship Energy Management Plan. MEPC 59/4/34 (Japan) - Consideration of a market-based mechanism to improve the energy efficiency of ships based on the International GHG Fund This document provides, while supporting the basic direction of International Contribution Fund for GHG Emissions from Ships proposed by Denmark (MEPC 59/4/5), some suggestions on the implementation aspects of such a Fund scheme, as well as ideas on how to accelerate energy efficiency improvement for ships by creating stronger economic incentives. MEPC 59/4/35 (Japan) - Consideration of appropriate targets for reducing CO2 emissions from international shipping Based on the analysis of the expected efficiency improvement of ships with various measures including utilization of new technology, Japan presents scenarios for the External Affairs 29/06/09 23 of 63

24 reduction of CO2 emissions in this sector and proposes the general policy direction on market-based mechanism to reduce CO2 emissions from ships. MEPC 59/4/36 (Japan and Norway) - The draft Interim Guidelines on Voluntary Verification of Energy Efficiency Design Index The Second Intersessional Meeting of the Working Group on Greenhouse Gas Emissions from Ships (GHG-WG 2) considered the verification process of the Energy Efficiency Design Index for new ships. Taking into account the outcome of GHG-WG 2, this document provides a proposed draft interim Guidelines on voluntary verification of the EEDI. MEPC 59/4/37 (Sweden) - Calculation and definition of EEDI baselines This document is submitted to support discussions on the Energy Efficiency Design Index (EEDI) initiated during the last session of MEPC. MEPC 59/4/38 (CESA) - Phase-in implementation of the Energy Efficiency Design Index for standard and complex ship types This document comments on the outcome of the intersessional meeting of the GHG working group and summarizes the foremost drawbacks identified, which will prevent the proposed Energy Efficiency Design Index (EEDI) from delivering CO2 reduction with regard to complex ships. Therefore the European shipbuilders propose a phase-in EEDI implementation starting with standard ship types, such as bulk carriers, tankers and container vessels. The trial application on this biggest portion of the world merchant fleet is technically less demanding and could deliver valuable application experiences that might be utilized to develop the necessary improvement of the EEDI for the remaining ship types or alternative instruments without negative effects. MEPC 59/4/39 (Republic of Korea) - Proposal of the ISO for the development of the EEDI verification procedure and report of status of its computer programme This document proposes to use the ISO Speed Trial Analysis Guidelines as a starting point for the development of an EEDI verification procedure and reports the status of a comprehensive computer programme which complies with the ISO MEPC 59/4/40 (Secretariat) - United Nations Framework Convention on Climate Change (UNFCCC) - Shipping-relevant ideas and proposals submitted to the UNFCCC in the leading up to the United Nations Climate Change Conference (COP 15) in December 2009 This document contains excerpts of the first draft negotiating text to be considered by Parties at the upcoming UNFCCC Climate Talks in early June 2009, as they refer to international maritime transport. MEPC 59/4/41 (Republic of Marshall Islands) - Energy Efficiency Design Index (EEDI) Definition of Deadweight for Containerships - Response to MEPC 59/4/2 - Report of the second Intersessional Working Group on GHG Emissions from Ships To minimize CO2 emissions and avoid unintended consequences associated with new containerships optimized to a 100% DWT load condition, this document proposes that a fixed value of 65% of the deepest operational deadweight (where the ship is normally operating) be used when calculating the EEDI for containerships. Action requested of the Committee The Committee is to consider the information and proposal above to use a fixed value of 65% DWT for container vessels in the draft EEDI formula and take action as appropriate. External Affairs 29/06/09 24 of 63

25 MEPC 59/4/42 (IPIECA) - Assessment of fuel availability and quality This document expresses support for the proposal by ICS, OCIMF, BIMCO and INTERCARGO to establish a correspondence group to investigate and implement appropriate mechanisms for establishing future bunker fuel supply and demand scenarios, as envisaged by revisions to MARPOL Annex VI. It offers some specific considerations to be taken into account, including the limitations imposed on industry through competition law in different regions of the world. MEPC 59/4/43 (INTERTANKO) - Comments on MEPC 59/4/8 and 59/4/9 relating to the Energy Efficiency Design Index, the Ship Energy Management Plan and possible marketbased instruments This document presents INTERTANKO s comments on documents MEPC 59/4/8 and MEPC 59/4/9 on possible further developments with regard to the Energy Efficiency Design Index, the Ship Energy Management Plan and possible market-based instruments in the GHG rule development. MEPC 59/4/44 (IACS) - Comments on Energy Efficiency Design Index (EEDI) baseline computations This document provides comments regarding the baseline computations for Energy Efficiency Design Index (EEDI) as set out in document GHG-WG 2/2/7 (Denmark). MEPC 59/4/45 (OCIMF) - International Fund for Greenhouse Gas Emissions from Ships This document provides comment on the proposal for an International Fund for Greenhouse Gas Emissions from Ships in document MEPC 59/4/5 (Denmark). Specific comment is made on the comparison of the IOPC Funds with the proposed new International GHG Fund. MEPC 59/4/46 (OCIMF) - Comments related to the Outcome of informal consultations conducted by the Chairman and proposals for further progress This document contains comments supporting the proposals by the Chairman to ensure the work on control of GHG emissions from international shipping is progressed under the framework of IMO. MEPC 59/4/47 (FOEI and WWF) - IMO must act decisively to reduce GHG emissions from shipping if it is to retain its competence in technical and political matters related to shipping and GHGs The seriousness of climate change, the scale of greenhouse gas (GHG) emissions from international shipping, the ready potential for affordable and effective mitigation, and the urgent need for an effective and credible mitigation plan for emissions from marine bunker fuels that can form part of the UNFCCC Copenhagen agreement, all require an ambitious response from the Marine Environment Protection Committee at this session. This document, which makes specific proposals, was produced by a coalition of environmental NGOs. MEPC 59/4/48 (United States) - Comments on MEPC 59/4/2 and MEPC 59/4/4 and an additional approach to addressing maritime GHG emissions This document provides comments on documents MEPC 59/4/2 (Secretariat), MEPC 59/4/4 and MEPC 59/INF.10. It also proposes a new approach to address maritime GHG emissions by establishing mandatory efficiency standards for new and existing ships using the EEDI and allowing ships to trade efficiency credits. The system would drive External Affairs 29/06/09 25 of 63

26 significant improvements across the world s fleet with explicit and mandatory benchmarks to address fuel efficiency and reduce GHG emissions. MEPC 59/4/49 (Secretariat) - Possible analogy between the methodology for setting the EEDI baseline and establishment of NOx emission values for existing marine diesel engines in the 1990s The Secretariat was requested to investigate whether any analogy could be found between the methodology used to assess the NOx levels in existing marine diesel engines in the early 1990s and the methodology proposal to assess the EEDI value for existing ships as part of establishing the EEDI baseline. MEPC 59/INF.5 (Secretariat) - Ministerial Conference on global environment and energy in transport Transport Ministers and relevant representatives from 21 countries gathered in Tokyo, Japan, in mid-january 2009 to discuss issues and consider measures on greenhouse gas and air pollution emissions from the transport sector and agreed upon a declaration set out in Annex to this document. MEPC 59/INF.9 (ICS) - Control of greenhouse gas emissions market-based instruments ICS provides an analytical study of various market-based instruments (MBI) options for consideration by the Committee. MEPC 59/INF.10 (Secretariat) - Second IMO GHG Study Update of the 2000 IMO GHG Study - Final report covering Phase 1 and Phase 2 The Annex to this document provides the full report on the updated 2000 study on greenhouse gas emissions from ships, titled: Second IMO GHG Study MEPC 59/INF.11 (Australia and the Netherlands) - Received submissions by the coordinators of the Intersessional Correspondence Group on Greenhouse Gas Related Issues This information document contains all original submissions received by the coordinators of the intersessional Correspondence Group on Greenhouse Gases Related Issues. MEPC 59/INF.15 (United States) - Study Pertaining to Ship Emissions Impact on Climate Change and Air Quality This document informs the Committee of a recently-released, important study that is directly pertinent to the Committee s work on prevention of air pollution from ships. This study is the first to provide a global estimate of maritime shipping s total contribution to air particle pollution based on direct measurements of emissions from ships. The results confirm that ships contribute a significant amount of air pollution, including almost half as much particulate matter pollutants as the total amount released by the world s on-road vehicles, and thus adversely affect local air quality and human health. MEPC 59/INF.19 (OCIMF) - Introduction of Energy Efficiency and Fuel Management Document This document acknowledges concerns raised at the second Intersessional Meeting of the Working Group on Greenhouse Gas Emissions from Ships (GHG-WG 2) and introduces the document Energy Efficiency and Fuel Management to address them. External Affairs 29/06/09 26 of 63

27 MEPC 59/INF.26 (Japan and Norway) - Updated information on the draft text of possible framework for the application of technical measures to improve the energy efficiency of ships This document provides the updated information on the draft text of possible framework for the application of technical measures to improve the energy efficiency of ships, taking into account some views through informal consultations. MEPC 59/INF.27 (Japan) - Detailed information on the prospect of energy efficiency improvement of new ships This document provides detailed information on the prospect of energy efficiency improvements for new ships, which was used as a basis for developing the CO2 emission curves of international shipping in another Japanese submission to the Committee (MEPC 59/4/35). MEPC 59/INF.28 (Secretariat) - United Nations Framework Convention on Climate Change (UNFCCC) - Sessions of the subsidiary bodies to the UNFCCC held in Bonn, Germany, from 1 to 12 June 2009 This document reports on the June 2009 sessions of the subsidiary bodies to the UNFCCC that continued the intensive negotiation phase leading up to the Copenhagen Climate Change Conference (COP 15), which is tasked with agreeing on a post-2012 climate regime. MEPC 59/INF.29 (Secretariat) - United Nations Framework Convention on Climate Change (UNFCCC) - Shipping-relevant ideas and proposals to the UNFCCC process in 2008 This document lists and introduces the ideas and proposals made by Parties of the UNFCCC to the assembly document (FCCC/AWGLCA/2008/16/Rev.1, dated 15 January 2009). A draft of the document was presented to the fourth session of the Ad Hoc Working Group on Long-term Cooperative Action under the Framework Convention on Climate Change that was held during COP 14 in Poznań, Poland, in December Consideration and adoption of amendments to mandatory instruments (DG) (Agenda Item 5) Executive synopsis on this agenda item Background: MEPC 59 will consider, with a view to adoption, draft amendments to MARPOL Annex I (addition of new chapter 8; amendments to regulations 1, 12, 13, 17 and 38; consequential amendments to the IOPP Certificate, Supplement to the IOPP Certificate and Oil Record Book) which were approved at MEPC 58 and circulated by the Secretary-General under cover of Circular letter No.2913 in accordance with the provisions of article 16 of the MARPOL Convention. A drafting group will be established to make any editorial changes to the draft amendments, as necessary, before adoption by the Committee. The following is the brief introduction of the regulations: (Draft amendments to MARPOL Annex I on prevention of pollution during transfer of oil cargo between oil tankers at sea New MARPOL Annex I regulations 40, 41, and 42 and Record of Construction and Equipment for Oil Tankers, form B.) The BLG Sub-Committee developed a draft MARPOL regulation requiring: External Affairs 29/06/09 27 of 63

28 - development of onboard ship to ship oil transfer plan (STS Plan) as a part of shipboard SMS manual; - notification to coastal State(s) The BLG Sub-Committee, having reviewed the draft text prepared by the Correspondence Group, had agreed; - The requirements apply to ships of 150 gt and over - The requirements do not apply to FPSOs/FSUs. - sfer for the purpose of securing the safety of a ship or saving life at sea or combating specific pollution incidents. At MEPC 58, the following decisions were made: - With regards to the implementation scheme, the agreed proposal made by IACS to phase in the implementation over a period of time, i.e., all STS operations carried out on/after 15months from the date entry into force date (12 months annual interval plus 3 months survey window) : - Notification requirement in the Exclusive Economic Zone would be subject to final decision at MEPC 59, thus the word Exclusive Economic Zone was kept in the square brackets. Corresponding amendments are made to in the record of Construction and Equipment for Oil Tankers, Form B. Implication: Shipowners of oil tankers will be required to have an approved STS plan onboard. National Administration and its Recognized Organization will need to approve the plan in a timely manner. Application: Oil tankers of 150 gt or above, which carry out ship to ship cargo oil transfer. (Annex I, regulation 1, 12, 13, 17 and 38- Definition (Oil residue (sludge), Oil residue (sludge) tanks, Oily bilge water, Oily bilge water holding tanks etc)) The DE Sub-Committee prepared draft amendments to MARPOL Annex I on the definition of the following items: - Oily residue (Sludge) is the residual waste oil products generated during the normal operation of a ship such as those resulting from the purification of fuel or lubricating oil for main or auxiliary machinery or separated waste oil from oil filtering equipment or waste oil collected in drip trays, and waste hydraulic and lubricating oils. - Oil residue (sludge) tanks are the tanks which hold oil residue (sludge) directly from which sludge may be disposed through the standard discharge connection or any other approved means of disposal. (Note: In order to avoid confusion the term holding is deleted from the name of tanks.) - Oily bilge water means water which may be contaminated by oil resulting, e.g. from leakage or maintenance work in machinery space. Any liquid entering the bilge system including bilge wells, bilge piping, tank top or bilge holding tanks are considered oily bilge water. - Oily bilge water holding tanks are tanks collecting oily bilge water prior to its discharge, transfer or disposal. External Affairs 29/06/09 28 of 63

29 Following the introduction of the revised definition, the DE Sub-Committee also proposed other relevant amendments which were needed as a consequence of the new definition in MARPOL Annex I. Furthermore, the definition of clean bilge water holding tanks was deleted; as such terminology had not been used in MARPOL Annex I. At MEPC 58, the Committee reviewed and approved MARPOL revised regulations. The following views/opinions were expressed: - A concern was raised regarding a possible conflict between a draft regulation and a draft regulation I.e., a drain as allowed in may be regarded as discharge connection forbidden in In order to provide clarity, two regulations were combined as follows: shall have no discharge connections to bilge system, oily bilge water holding tanks, tank top or oily water separators other than the tank(s) may be fitted with drains, with manually operated self-closing valves, for the collection of settled water or an alternative arrangement, provided such arrangement does not connect directly to the bilge piping system. - Subsequently, corresponding amendments were introduced in the Unified Interpretation UI 16 and UI 17, which refer to these regulations, as the regulation number would be re-numbered. Furthermore, it was agreed to revise the form of Oil Record Book accordingly. - A question was raised about the definition of waste oil. The Committee agreed that in order to have it qualified as waste oil it should be generated during the normal operation of a ship. Implication: Considered as nominal. The objective of the amendments was not to introduce a new requirement but to introduce consistency and clear understanding of MARPOL Annex I, MEPC.1/Circ. 511 and Forms attached to IOPP Certificates. Application: To ships which MARPOL Annex I is applied. (Form A (ships other than oil tankers) and Form B (oil tankers)) (Appendix II to MAPOL Convention) The DE Sub-Committee prepared the text of consequential amendments to the supplement of the IOPP certificate consistent with the new agreed definitions given above. In addition, maximum capacity in kw or kcal/h was added to the entry for the incinerator (paragraph of the supplement) Implication: Considered as nominal, as intent was not to introduce a requirement but to introduce consistency and clear understanding of MARPOL Annex I, MEPC.1/Circ. 511 and Forms attached to IOPP Certificates. There is general consensus that the existing certificates would be replaced at their renewal. Application: To ships which MARPOL Annex I is applied (ships required to carry certificates oil tankers of 150 gt or above and other types of ships of 400 gt or above). (Amendments to the Oil Record Book Appendix III to the MARPOL Convention) Amendments to sections (A) to (H) have been proposed based upon the following: External Affairs 29/06/09 29 of 63

30 - to address the change of the definitions given above; - to record transfer of oil residue (sludge) between tanks and transfer of oily bilge water between oily bilge water holding tanks. - to record starting of discharge overboard in both non-automatic and automatic mode. At MEPC 58, as a response to the clarification made to regulation and given above, the Committee agreed to insert footnote Only those tanks listed in item 3.1 of form A and B of the supplement in the IOPP Certificate used for oil residues (sludge) in the Oil Record Book and approved the revision, subject to the final adoption at MEPC 59. Implication: Shipowners are invited to pay due attention to the above development. Administrations would benefit from considering when and how the new form will be required to existing fleet. Application: Ships to which MARPOL Annex I is applied (ships required to carry Oil Record Book oil tankers of 150 gt or above and other types of ships of 400 gt or above.). (Documents submitted) MEPC 59/5 (Secretariat) - Amendments to MARPOL Annex I (Addition of a new chapter 8 and consequential amendments to the Record of construction and equipment for oil tankers, Form B) This document sets out the text of draft amendments to MARPOL Annex I (addition of a new chapter 8 and consequential amendments to the Record of construction and equipment for oil tankers, Form B) which were circulated under cover of Circular letter No.2913 of 20 November MEPC 59/5/1 (Secretariat) - Amendments to MARPOL Annex I (Amendments to regulations 1, 12, 13, 17 and 38 of MARPOL Annex I, Supplement to the IOPP Certificate and Oil Record Book) This document sets out the text of draft amendments to MARPOL Annex I (Amendments to regulations 1, 12, 13, 17 and 38 of MARPOL Annex I, Supplement to the IOPP Certificate and Oil Record Book) which were circulated under cover of Circular letter No.2913 of 20 November MEPC 59/5/2 (Iran) - Comments to proposed amendments to MARPOL Annex I (Addition of a new chapter 8 and consequential amendments to the Record of Construction and Equipment for Oil Tankers, Form B) This document provides comments to the draft chapter 8, concerning transfer of oil cargo between oil tankers at sea (STS), to Annex I of MARPOL. MEPC 59/5/3 (Marshall Islands) - Comments on proposed amendments to regulation 12 of MARPOL Annex I This submission proposes additional language be inserted in the draft amendment to regulation 12 of MARPOL Annex I and section 11.4 of the 2008 Revised Guidelines for Systems for Handling Oily Wastes in Machinery Spaces of Ships Incorporating Guidance Notes for an Integrated Bilge Water Treatment System (IBTS) to clarify where drains fitted to oil residue (sludge) tanks may terminate. External Affairs 29/06/09 30 of 63

31 7. Interpretation of, and amendments to, MARPOL and related instruments (Agenda Item 6) Executive synopsis on this agenda item Background: MEPC 59 will consider the report of the intersessional Correspondence Group on the review of MARPOL Annex V with the text of draft amendments to MARPOL Annex V and the Guidelines on its application. As regards to MAPROL Annex V review, there appears to be operations and safety relegated issues in addition to environment related issues. Clearly, this is the case, for the management of Cargo Residues and cargo hold washing water, which falls under the provisions of MARPOL Annex V. It should be noted that discharge in special areas is prohibited. This implication has given rise to a number of safety and practical issues, taking into consideration that storage in cargo holds is unfeasible due to the adverse effect of the free surface on ship stability and the need to have the hold ready for the next cargo, while storage of washings in ballast tanks could lead to damage to the pumping systems and coatings not to mention ballast water treatment systems and the lack of capacity as the vessel is usually in ballast condition during washing operations. The lack of adequate reception facilities is also causing concerns. MEPC 59 will also consider any other proposed interpretations of, and amendments to, MARPOL and related instruments, which may be submitted under this item. LR position: To monitor the development, especially interpretations for MARPOL and related instrument with a view to implement such interpretation unless instructed from flag Administrations otherwise. Implications: Depending upon the interpretation agreed, it may have substantial impact to the current design. With regard toaannex V (cargo hold washing water issues), the following implication is envisaged at this stage Shipbuilders: Although no action has been taken yet, builders may start considering alternative arrangements which could be used for safe storage of cargo hold washings on bulk carriers and general cargo ships. Shipowners: Owners will need to consider the possibility of retrofitting arrangements to ensure safe storage of washings onboard, or other arrangement to meet the requirement. Application: Not decided at this point, but Annex V issue is relevant to bulk carriers and general cargo ships. (Documents submitted) MEPC 59/6 (International Association of Classification Societies (IACS)) - Measurement of distances This document advises the Committee about IACS Unified Interpretations on the measurement of distances referred to in IMO instruments. This UI has been submitted to MSC 85 and has been approved, subject to the concurrence of MEPC 59. External Affairs 29/06/09 31 of 63

32 MEPC 59/6/1 (IACS and INTERTANKO) - IACS Unified Interpretation of regulation 23 of MARPOL Annex I This document provides the Committee with additional information concerning the IACS Unified Interpretation MPC 93, regarding the application of regulation 23 of MARPOL Annex I, which was agreed at MEPC 58. MEPC 59/6/2 (New Zealand) - Request for clarification of provisions for discharge of oil and oily waste from fixed and floating offshore platforms Clarification is sought regarding interpretation and intent of resolution MEPC.139(53), as amended, specifically as it relates to the practice of treating machinery space waste with production and displacement water prior to discharge overboard. MEPC 59/6/3 (Canada) - Report of the Correspondence Group for the Review of MARPOL Annex V This document presents outcomes of the Correspondence Group for the Review of MARPOL Annex V and its implementing Guidelines. The group considered to where Annex V and its Guidelines might be improved and examined data on marine debris in the environment to estimate the contribution of ships garbage to marine debris. Overall, the group found that Annex V provides controls to prevent pollution from ships garbage, but that States continue to face challenges to implement them. Data on marine debris is not conclusive, but suggested that between 9% and 20% is from seabased activities, coming from shipping, offshore platforms, recreational boating and fishing. The group was not able to finalize specific amendments to Annex V and its Guidelines, as requested at MEPC 57, but was able to identify a short list of priority items for consideration and recommends they be further considered by the Committee. MEPC 59/6/4 (Denmark) - Inadequate manuals for equipment malfunction for oil discharge monitoring and control systems for oil tankers This document sets out the need to address the issue of discharge of oil or oily mixtures from cargo tanks on oil tankers in event of equipment malfunctions, in order to reduce the likelihood of uncontrolled discharges at sea. Denmark is proposing that paragraph 6.11 of resolution MEPC.108(49) Manually operated alternatives in the event of equipment malfunctions should be revised as to avoid any uncontrolled discharge of oil, and in order to be in accordance with MARPOL Annex I, regulation 34. MEPC 59/6/5 and MEPC 59/6/5/Corr.1 (United States and Canada) - Proposal to Designate an Emission Control Area for Nitrogen Oxides, Sulphur Oxides and Particulate Matter This document sets forth a proposal to designate as Emission Control Area specific portions of the coastal waters of the United States and Canada, in accordance with regulations 13 and 14 and Appendix III of MARPOL Annex VI. This proposal shows that the designation of this Emission Control Area is supported by a demonstrated need to prevent, reduce and control emissions of nitrogen oxides, sulphur oxides, and particulate matter from ships. Moreover, adoption of the proposed Emission Control Area will result in significant reductions in ambient levels of air pollution in the United States and Canada, which will achieve substantial benefits to human health and the environment. The United States and Canada invite the Committee to review this proposal at this session with a view toward the adoption by the Parties to MARPOL Annex VI, at MEPC 60, of amendments to Regulations 13.6 and 14.3 designating a new Emission Control Area. MEPC 59/6/6 (Secretariat) - Draft guidance to manage spoilt cargoes External Affairs 29/06/09 32 of 63

33 The Annex to this document contains the draft guidance to manage spoilt cargoes as prepared by the Joint London Convention/MEPC Correspondence Group to clarify boundary issues between the London Convention and Protocol and MARPOL Annex V. MEPC 59/6/7 (BIMCO and INTERCARGO) - Comments on the Report of the Correspondence Group for the Review of MARPOL Annex V This document discusses the provisions of Annex V with particular reference to the management of cargo residues and cargo hold washing water. In order that the review of Annex V can incorporate appropriate definitions and provide the necessary clarity, the Committee is urged to consider the intent of the provisions of Annex V with regard to the management of cargo residues and cargo hold washing water, in light of the practicalities reviewed herein. MEPC59/6/8 (Sweden) - Clarification of application of regulation 12A of MARPOL Annex I This document seeks clarification from the Committee on major conversion issues concerning the application of regulation 12A of MARPOL Annex I related to the extension of ro-ro ships. MEPC 59/6/9 (Republic of Korea) - Proposed amendments to MARPOL Annex I Improved cargo piping arrangements in order to transfer cargo into ballast tanks when a ship is in an emergency situation This document proposes an amendment to MARPOL Annex I that is designed to improve cargo-piping arrangements in order to transfer cargo into ballast tanks when a ship is in an emergency situation. MEPC 59/6/10 (Norway) - Understanding of the concept of en route In this document Norway seeks a clarification of the interpretation of the definition of the concept en route. MEPC 59/6/11 (Marshall Islands) - Intent of MARPOL Annex I, regulation 15 and UI 22 This submission requests the Committee to clarify the intent of MARPOL Annex I, regulation 15 in conjunction with its Unified Interpretation 22 with regard to the permitted options of disposal of machinery space bilge water once such mixtures are transferred to the cargo slop tank of tankers and mixed with cargo residues. MEPC 59/6/12 (OCIMF and INTERTANKO) - Oil discharge monitoring and control systems for oil tankers This document contains technical arguments against the proposal in document MEPC 59/6/4 (Denmark) and advises there has been no demonstrated or compelling need submitted to justify amending MARPOL Annex I or resolution MEPC.108(49). MEPC 59/6/13 (OCIMF and INTERTANKO) - Comments on proposed amendments to MARPOL Annex I Improved cargo piping arrangements in order to transfer cargo into ballast tanks when a ship is in an emergency situation This document offers comments on proposals for amendments to regulation 30 of MARPOL Annex I to allow for the emergency transfer procedures of oil cargo into empty ballast tanks on single hull tankers. MEPC 59/6/14 (FOEI) - Comments on the Report of the Correspondence Group for the Review of MARPOL Annex V External Affairs 29/06/09 33 of 63

34 This document comments on the report of the correspondence group on the review of MARPOL Annex V (MEPC 59/6/3). It reflects the recommendations made by UNEP and FAO in their recent report on Abandoned, Lost or otherwise Discarded Fishing Gear. This report describes several types of impact: on the marine environment, on navigation and economics. It also provides recommendations for the IMO. FOEI submits the relevant recommendations in this document. MEPC 59/INF.13 (United States) - Designation of an Emission Control Area for nitrogen oxides, sulphur oxides and particulate matter This document is submitted in support of the proposal to designate an Emission Control Area for specific portions of the coastal waters of the United States and Canada. It provides references and other information considered in developing the proposal. 8. Implementation of the OPRC Convention and the OPRC-HNS Protocol and relevant conference resolutions (Agenda Item 7) Executive synopsis on this agenda item Background: MEPC 59 will consider the report of the ninth meeting of the OPRC-HNS Technical Group to be held in the week prior to MEPC 59. MEPC 59 will consider any other submissions under this agenda item. LR position: Note the discussion Implications: The matter is primarily inter-government co-ordination against oil spill or spill of chemical substances. No implication to ship design and equipment. There may be some impact on ship operation regarding preparedness against such an accident. Application: N/A. (Documents submitted) MEPC 59/7 (Secretariat) - Introductory IMO model courses on preparedness for and response to HNS pollution incidents in the marine environment This document presents the finalized drafts of two introductory IMO model courses on preparedness for and response to HNS pollution incidents in the marine environment, one aimed at the operational level and the second aimed at management level. MEPC 59/7/1 (ISCO) - Independent Training and Accreditation of Private Oil and HNS Spill Response Contractors This document sets out a proposal to offer a means of independent training and accreditation for inland spill response contractors to the requirements of shoreline cleaning following a major oil or HNS pollution incident. MEPC 59/7/2 (Iran) - Oil Pollution Combating Equipment (OPCE) This document recognizes the necessity of ensuring the safe performance of oil containment and recovery equipment and stresses the need for a recommendation or guideline on the safe operation of oil spill recovery equipment. MEPC 59/7/3 (Secretariat) - Revised OPRC Train-the-Trainer course External Affairs 29/06/09 34 of 63

35 This document presents the finalized draft text of the revised OPRC Train-the-Trainer course materials, including an administrative guide, an instructor s manual and a student s manual. MEPC 59/INF.4 (Iran) - National OPRC Exercise in the Caspian Sea, Persian Gulf and Gulf of Oman This document provides the report of the Government of Islamic Republic of Iran on its National OPRC-SAR Exercises. 9. Identification and protection of Special Areas and Particularly Sensitive Sea Areas (Agenda Item 8) Executive synopsis on this agenda item Background: MEPC 59 will consider any submissions under this item. LR position: To note the discussion. Implications: The outcome of this agenda may affect operation of ships navigating in the sea areas designated. Application: All ships navigating in the area under discussion. (Documents submitted) MEPC 59/8 (Portugal) - Proposed amendments to the existing Mandatory Ship Reporting System for ships entering the Western European Particularly Sensitive Sea Area - WETREP This document informs the Committee about a proposal to amend the existing Mandatory Ship Reporting System for ships entering the Western European Particularly Sensitive Sea Area WETREP as a consequence of changes to the Vessel Traffic Services established along the Portuguese Iberian Coast. 10. Inadequacy of reception facilities (Agenda Item 9) Executive synopsis on this agenda item Background: The matter is relevant to the reception facility in conjunction with MARPOL Annex V - Regulations for the Prevention of Pollution by Garbage from Ships, including the regional arrangement. MEPC 59 will consider any submissions under this agenda item. LR position: To note the discussion. Implications: No significant impact is envisaged regarding design of a ship or equipment, but the discussion should be taken into account in considering operation of a ship. Application: N/A at this sage. (Documents submitted) MEPC 59/9 (BIMCO and INTERCARGO) - Reception facilities for dry cargo residue and hold washing water in special areas External Affairs 29/06/09 35 of 63

36 This document notes that the studies conducted to ascertain that adequate port reception facilities exist, in order to bring into effect the Gulfs Area and Mediterranean Sea Area special areas, did not consider the availability of facilities for cargo hold washing water. It is proposed that cargo hold washing water, containing the remnants of dry cargo material, should not be considered garbage under Annex V within the Gulfs Area and Mediterranean Sea Area. MEPC 59/9/1 (FOEI) - Review of MARPOL Annex V, Marine Litter The shipping industry is one of the major sources of marine litter. Different measures to reduce marine litter generated by ships are in place, i.e. MARPOL Annex V, and the European Union Directive 2000/59 on Port Reception Facilities. Worldwide marine litter is recognized as a serious threat to the marine ecosystem. Nevertheless different indicators show little or no progress in solving the problems associated with marine litter. In this document, Friends of the Earth International proposes that port reception facilities and waste handling on ships together with marine awareness of the personnel on ships must be given priority as short-term measures to reduce ship-generated waste which enters the marine environment. FOEI pleas for clear rules, strong and clear compliance, clear communication: Zero Discharge, Zero Waste. 11. Reports of sub-committees (Agenda Item 10) Executive synopsis on this agenda item Background: MEPC 59 will consider the reports of sub-committees on issues of relevance to the Committee, including the outcomes of DSC 13, BLG 13, DE 52 and FSI 17 as well as those of other subsidiary bodies. Please also refer to the outcome of MSC 85 and MSC 86 in section 12 of this document. LR position: To closely monitor the discussion, especially the following items for approval/adoption that may affect survey and certification or operational measures that may be relevant to the ISM Code. (Outcome of BLG 13) Proposed amendments to the MARPOL Convention (Amendments to MARPOL Annex I on the use and carriage of heavy grade oil on ships in the Antarctic area) Background: MEPC 58 has requested the Sub-Committee to develop amendments to MARPOL Annex I on the use and carriage of heavy grade oil on ships in the Antarctic area as a result of a number of incidents involving the release of heavy grade oils in Antarctic waters. The BLG Sub-Committee considered proposed amendments to MARPOL Annex I on the use and carriage of heavy grade oil in the Antarctic area and any other submissions relating to this item. The Sub-Committee agreed the text of a new draft regulation 43 to MARPOL Annex I, which will ban the carriage of defined heavy grade oils as cargo or there use as fuels in ships, excluding lubricating oils, whilst operating in Antarctic waters but will not apply to ships engaged in emergency and search and rescue missions. It was agreed that the ban would apply in Antarctic waters and would not be extended to Artic waters. It should be noted that ships with fuel oil tanks protected in compliance with MARPOL Annex I External Affairs 29/06/09 36 of 63

37 regulation 12A are not exempted from the ban on the carriage and use as fuel of heavy grade oils. Implications: Will prohibit the carriage and use as fuel or cargo defined grades of heavy oils and will require the removal of heavy fuels from the ship prior to entering Antarctic Waters. Application: Will apply to ship builders and designers of ships and to ship owners/mangers of ships intended to operate in Antarctic area waters and is expected to enter into force 1 January Proposed MEPC resolution for adoption (Amendments to the Revised Survey Guidelines under the Harmonized System of Survey and Certification for MARPOL Annex VI) Background: BLG Sub-Committee agreed amendments to the revised survey guidelines under the Harmonized System of Survey and Certification (resolution MEPC.128 (53)) and the Guidelines for port State control under MARPOL Annex VI (resolution MEPC.129 (53)). The amended was forwarded to the FSI Sub- Committee for review and to MEPC 59 for adoption. In respect of port State control, the question has been raised to MEPC as to whether guidelines are also required in respect the sampling of fuel oil in service, i.e. to check the sulphur content of the fuel oil as actually in use. Implication: Builders and owners are to be aware of the Guidelines as a statutory survey will be carried out in accordance with these Guidelines. Application: All ships subject to MARPOL Annex VI (generally speaking - 400gt or over) from 1 July 2010, when revised Annex VI enters into force. (Guidelines for port State control under MARPOL Annex VI) Background: Same as above survey guidelines, the matter was forwarded to the FSI Sub-Committee and then to MEPC 59 for adoption. Implication: The guidelines for PSC are practically serving as interpretation of the requirement. Owners are invited to pay due attention to the guidelines, especially, the list of detainable deficiencies. Application: All ships subject to MARPOL Annex VI (Generally speaking - 400gt or over) from 1 July 2010, when revised Annex VI enters into force. (Framework for Possible Guidance on Reception Facilities In Connection With Revised MARPOL Annex VI) Background: The BLG Sub-Committee noted that there was a needed clarification as to whether these should concentrate on the general case of the facilities to be provided in respect of Annex VI or the narrower case of what constitutes a remote location as given in regulation 17 and in that instance what guidance should be given. This has been referred to MEPC. Implication & Application Under development - Not applicable at this stage. (Draft Guidelines for the Development of a VOC Management Plan) External Affairs 29/06/09 37 of 63

38 Background: The BLG Sub-Committee agreed a draft text of Guidelines for the development of a VOC management plan, as required by regulation 15.6 which will be forwarded to MEPC for adoption. The sub committee also reviewed a draft model VOC plan which could form the basis for a MEPC circular. Implication: Shipowners and ship managers: Shipowners, or parties acting on their behalf, will be required to prepare these Plans and submit them for approval. In this it should be noted that there may be tankers which carry, at different times, crude oil and black products.ships SMS will need to be updated to reflect this new requirement and hence ISM audits would need to be looking to see if the necessary actions have been taken, implemented and duly documented. National authorities (flag & port) and their recognized organizations: In any case the Annex VI certification will need to be updated to the revised form of the IAPPC any hence will incorporate the necessary clauses. Annex VI survey procedures will need to be updated to reflect these new requirements for this Plan to be (a) approved, (b) onboard and (c) implemented. PSC will also be looking at this aspect which, ultimately if found wanting could lead to detention. Application: In accordance with the revised MARPOL Annex VI reg approved, by or on behalf of flag State, ship specific VOC Management plans will be required for all tankers carrying crude oil which are (a) flagged in Annex VI signatory States or (b) operate (specifically undertake cargo operations) in the waters of Annex VI signatory States. This requirement is irrespective of ship construction date, ship tonnage, type of crude, quantity of crude or any other factor. Approved VOC Management Plans will be required to be onboard and implemented from 1 July MEPC 59 is expected to approve the Guidelines for the development of VOC Management Plans as prepared by BLG 13 which will form the basis for the development and approval of same. (Guidelines for the Sampling of Fuel Oil For Determination of Compliance With Annex VI of MARPOL 73/78) Background: The BLG Sub-Committee agreed draft amendments to resolution MEPC.96(47) Guidelines for the sampling of fuel oil for determination of compliance with Annex VI of MARPOL 73/78 for the implementation of the revised MARPOL Annex VI which will be forwarded to MEPC for adoption. (Guidelines for Monitoring the Worldwide Average Sulphur Content of Residual Fuel Oils Supplied for Use on Board Ships) Background: The BLG Sub-Committee agreed amendments to the Guidelines for monitoring the worldwide average sulphur content of residual fuel oils supplied for use onboard ships (resolution MEPC.82(43)). However there was discussion on whether the monitoring of the sulphur content of fuel worldwide was still required or if is should it be expanded. It was considered that matters relating to the need or otherwise of monitoring the sulphur content of fuel was outside the terms of reference of the sub committee that the matter would be referred to MEPC 59 for consideration. Draft MSC - MEPC Circulars for approval (MSC-MEPC Circular concerning prohibition of blending operation on board at sea) Background: During the discussion at the BLG Sub-Committee, it came to the attention that there are existing practices of blending fuel at outside of the port limit for the taxation reasons. The Sub-Committee was of the view that such External Affairs 29/06/09 38 of 63

39 practice would endanger ships and their crew, thus recommended to prohibit such practices by means of MSC-MEPC Circular. Implication: While this is a non-mandatory instrument, shipowners and ship managers are requested to pay due attention to this circular. Application: Not specified but chemical tankers engaged in the carriage of biofuel blend. Draft MEPC Circulars for approval (Guidance to Ensure Safe Handling and Storage of Chemicals and Preparations Used to Treat Ballast Water and the Development of Safety Procedures for Risks to the Ship and Crew Resulting From the Treatment Process) Background: The BLG Sub-Committee developed the text of guidelines on the handling, storage and safety procedures for ships crews for systems that use active substances (chemicals) and forwarded them to MEPC 59 for approval. This refers to ship specific health & safety procedures, and refers to the International Dangerous Goods (IMDG) Code for guidance. Implication: Shipowners and ship managers are to pay due attention to this guidance, with a view to incorporating applicable elements into shipboard SMS required under the ISM Code. Application: For ships using hazardous chemical for ballast treatment system. (Engineering Questionnaire on Ballast Water Management Systems) Background: The BLG Sub-Committee agreed the text of an engineering circular designed to assist in the evaluation and selection of ballast water treatment systems which will be forwarded to MEPC 59 to issue as a circular. (Guidelines for the Application of the NOx Technical Code Relative to Certification and Amendments of Tier I Engines) Background: The BLG Sub-Committee agreed that the existing NOx Technical Code should continue to be used beyond 1 July 2010 in respect of Member Engines of Engine Family / Engine Groups established before that date and also in respect of amendments to Engine Family / Engine Group and Individual Engines first established / certified before that date. This to continue only to 31 December Thereafter and in respect of Tier I Engine Family / Engine Groups / Individual Engines certified after 1 July 2010 the revised 2008 NOx Technical Code will apply. The Sub-Committee agreed to forward to MEPC for consideration and possible adoption and thereafter distribution by means of a Circular. Implication: This clarifies the application of the existing requirements (the time limit). Manufacturers and ship builders are to pay due attention to this discussion. Application: to ship which NOx technical Code applies. (Engines over 130 kw irrespective of the size of ship onto which such engines are subsequently installed) (Definitions for the Cost Effectiveness Formula In Regulation to the Revised Annex VI Of MARPOL) External Affairs 29/06/09 39 of 63

40 Background: The BLG Sub-Committee agreed definitions of a number of factors in the Approved Method cost effectiveness formula. These are to be forwarded to MEPC for consideration and possible approval and thereafter distribution by means of a Circular. (Outcome of DE 52) Draft Assembly Resolutions for approval subject to the final adoption at the 26 th Session of the Assembly (Draft Assembly resolution on the Code on Alerts and Indicators 2009) This is the comprehensive revision of the Assembly Resolution A.830 (19) - the Code on Alarms and Indicators, Implications: While this Code is a stand alone non-mandatory instrument, in general, the code will be widely used for the design and approval of all shipborne controls. Therefore, manufacturers and builders should be aware of these developments and take into consideration when designing new equipment and system onboard. Application: to all shipboard alerts (alarms) and indicators which are required by the 1974 SOLAS Convention, as amended, including the Performance standards referred to, MARPOL 73/78 as amended and associated instruments (IBC, BCH, IGC, Gas Carrier, 2000 HSC, [2009] MODU (being adopted at 26 th Assembly), Nuclear Merchant Ships, Diving, IMDG, FSS and LSA Codes; 1993 Torremolinos Protocol, Guidelines for IGS, Standards for VEC). (Draft Assembly Resolution on Guidelines for ships operating in Polar Waters) The key amendments include the following items: 1. Amendment of the title to Guidelines for Ship Operating in Polar Waters in recognition of additional challenges in Polar waters other than icecoverage and to reflect the recommendatory nature of the provisions; 2. Amendments to the preamble to emphasise the need to consider the nature of the operations that are anticipated and provisions for environmental protection; 3. Amendments to the provisions to the propulsion power to include the icebreaking capability and risk of structural damage. In addition, the IACS URs for Polar Class ships were extensively discussed and the equivalency between other standards, taking into account the Russian experience of operating Arctic ships; 4. Amendments to the damage stability provisions to consider SOLAS chapter II-1; 5. Amendments to the life saving and fire fighting arrangements to take into account the temperatures during seasonal operation; 6. Amendments to incorporate greater flexibility in the provision of survival kits; 7. Amendments to specify totally enclosed or partial lifeboats depending on the anticipated operation; 8. Amendments to specify that the provisions for navigational equipment are applicable to all ships operating in Polar waters; External Affairs 29/06/09 40 of 63

41 9. Amendments to the provisions for operational manuals for clarity and removal of provisions that may conflict with drill requirements contained in other IMO instruments; 10. Amendments to include provisions for environmental protection and damage control to take into account any applicable National and International rules and regulations and industry best practice; Implications: Although this is a non-mandatory instrument, it may affect design and operation of ships operating in the polar region. The Code includes a wide range of design/equipment related issues, such as damage stability, life-saving appliances etc. Application: Although these Guidelines are voluntary they are intended for the ships constructed on or after 1 January There is no size limitation. It is intended to apply to ships operating in the Antarctic and the Arctic Waters (definition of these waters are given in the guidelines). Existing ships are encouraged to comply with the code as far as reasonable and practical. (Outcome of FSI 17) Draft MEPC Resolution (Draft MEPC Resolution on the Guidelines for Port State Control under the revised MARPOL Annex VI) The FSI Sub-Committee reviewed the outcome of the BLG Sub-Committee and agreed the text for submission to MEPC 59. Implication: The Guidelines should avoid, or at least limit, the potential problems resulting from different interpretations of the Annex & Codes texts due to incompleteness of the IMO Guidelines. Shipowners are encouraged to bring the resolution to the attention of ship masters, when it is finalised by the MEPC. Application: all ships engaged on international voyages, ships over 400 GT are to be issued, as required, with IAPP Certificates (or, as required, non-party equivalents) while ships under that limit are to be subject to appropriate measures to ensure compliance. (Amendments to Survey Guidelines under HSSC related to MARPOL Annex VI (Resolution MEPC 128 (53)) As the revised MARPOL Annex VI will enter into force on 1 July 2010, this is kept, at this time due to the timing of Assembly meetings, as an independent resolution, rather than incorporated into the HSSC survey guidelines. During the discussion it was identified that the current HSSC Survey Guidelines General section defines Initial Survey ( &.2) only in relation to a ship before entry into service and hence did not cover those cases in respect of an existing ship, where either a new instrument is finalised and enters into force or where a flag signs up to an existing instrument, and thus, the text was duly revised. It should be noted that various Annex VI aspects related to existing HSSC Survey Guidelines 2007 (current Annex VI version) requires correction. External Affairs 29/06/09 41 of 63

42 The FSI Sub-Committee reviewed the text developed by the BLG Sub-Committee and finalized it for adoption at MEPC 59. Implication: The guidelines should avoid, or at least limit, the potential problems resulting from different interpretations of the Annex & Codes texts due to incompleteness in IMO Guidelines. Application: to all ships (Documents submitted) MEPC 59/10 (Secretariat) - Outcome of DSC 13 This document reports on the outcome of DSC 13 for matters of relevance to the work of the Committee. Action requested of the Committee The Committee is to consider the justification for inclusion of a new item on Amendments to MARPOL Annex III in the Sub-Committee s work programme and take action, as appropriate. MEPC 59/10/1 (Secretariat) - Outcome of STW 40 This document reports on the outcome of STW 40 for matters of relevance to the work of the Committee. Action requested of the Committee The Committee is to: 1. note the Sub-Committee s ongoing discussions regarding training for seafarer safety representative (SSR) and that it agreed to await the outcome of the Joint MSC/MEPC working group on the human element, scheduled to be convened at MEPC 59, relating to inclusion of provisions for SSR in the ISM Code with a view to MEPC 59 referring the outcome of that group on this matter and its own decision thereon directly to STW 41 to enable consideration of relevant training requirements for SSR, if required (paragraphs 5.4 to 5.14); and 2. approve the report in general. MEPC 59/10/2 (Secretariat) Outcome of FP 53 - Heating of oil residue (sludge) DE 51, in the context of the discussion on draft amendments to MARPOL Annex I relating to the treatment and disposal of oil residue (sludge) on board ships which were referred to the Committee for approval with a view to adoption at the current session (MEPC 59/5/1), having concerns over the safety issues associated with the heating of oil residue (sludge) to a level likely to be above its flashpoint, as a method to reduce its water content, requested the FP Sub-Committee to consider the issue and provide advice to the Committee accordingly. FP 53, agreed that there was no need for additional safety measures associated with the heating of oil residue (sludge), and requested the Secretariat to inform MEPC 59. MEPC 59/10/3 (Secretariat) Outcome of BLG 13 The document reports on the outcome of BLG 13 which is relevant to the work of the Committee. Action requested of the Committee The Committee is to approve the report in general and, in particular, to (paragraph numbers and Annexes referred to below are those of document BLG 13/18): 1. note BLG 13 s agreement that if anomalies are raised by Administrations with regard to the assigned carriage requirements and the GESAMP Hazard Profile, External Affairs 29/06/09 42 of 63

43 then a document to ESPH Working Group should be submitted in line with normal procedures (paragraph 3.6.1); 2. further note BLG 13 s agreement that, whenever changes are made by GESAMP/EHS (as a consequence of new data becoming available or product families being reassessed), the carriage requirements could be reviewed by the ESPH Working Group at meetings where the GESAMP/EHS report is considered (paragraph 3.6.2); 3. approve the future work programme for the intersessional meeting of the ESPH Working Group in October 2009 (paragraph and Annex 3); 4. approve, subject to MSC 86 s concurrent decision, the holding of an intersessional meeting of the ESPH Working Group in 2010 (paragraph 3.6.8); 5. consider issuing a joint MSC and MEPC circular on Prohibition of blending operations on board at sea in consultation with the MSC (paragraph 4.15); 6. agree to extend the interim guidelines for the carriage of bio-fuel blends for a further 24 months from the date of expiry to permit the continued carriage of bio-fuel blends on Annex I ships (paragraph ); 7. agree that in view of the concerns noted in relation to ODME functionality, when carrying bio-fuel blends as Annex I cargoes under the extended interim guidelines then any residues and tank washings should be pumped ashore unless the ODME is approved/certified for the blend (paragraph ); 8. note the developments in relation to the three band options for shipping biofuel blends and the need for further discussion in order to finalize the proposals (paragraph ); 9. endorse the view of BLG 13 that GESAMP/EHS should be requested to generate appropriate hazard profiles for petroleum fuels leading to List 5 entries in the MEPC.2/Circular (Substances not shipped in pure form but as components in mixtures) and that the Secretariat should initiate this accordingly (paragraph ); 10. agree that operational aspects of blending on board should not be addressed by the ESPH Working Group but guidance should be developed in respect of the following items (paragraph ):.1 documentation and administration, shipping document(s), Procedure and Arrangements Manual, Oil Record Book and Cargo Record Book;.2 name of the final product at unloading;.3 classification of the final product (pollution category, ship type and carriage requirements); and.4 possible wash requirements and residue discharge after unloading, if carried under Annex I requirements. 11. note that BLG 13 approved the finalized text to amend the Survey guidelines under the Harmonized System of Survey and Certification for the revised MARPOL Annex VI and agreed to refer these to FSI 17 for review to be submitted to MEPC 59 with a view to adoption (paragraph and Annex 13); 12. note that BLG 13 approved the finalized text to amend the guidelines for port State control under MARPOL Annex VI (resolution MEPC.129(53)), referred the amended guidelines to FSI 17 for review to be submitted to MEPC 59, with a view to adoption (paragraph and Annex 14); 13. consider, with a view to adoption by an MEPC resolution, the draft Guidelines for the development of a VOC management plan, (paragraph and Annex 16); 14. note the request to the Secretariat to prepare a draft MEPC circular, on the basis of document BLG 13/3/3 (Norway and INTERTANKO), for submission to MEPC 59 for approval (paragraph ); External Affairs 29/06/09 43 of 63

44 15. approve the draft MEPC circulars addressing the appropriate usage of the NOx Technical Code for the certification of Tier I engines and definitions concerning the use of the Cost/Effectiveness Formula (paragraph and Annexes 17 and 18); 16. consider, with a view to adoption by an MEPC resolution, the draft revised guidelines for monitoring the worldwide average of sulphur; and further consider whether the monitoring of the worldwide sulphur average is needed and, if so, whether it should be expanded - taking into account the BLG 13 s view that this is beyond its terms of reference - and decide as appropriate (paragraph and Annex 19); 17. consider, with a view to adoption by an MEPC resolution, the draft revised Guidelines for the sampling of fuel oil for determination of compliance with MARPOL Annex VI (paragraph and Annex 20); 18. note that BLG 13, having noted:.1 the discussions of the Working Group and the relevant draft amendments to the Guidelines for exhaust gas cleaning systems for the implementation of MARPOL Annex VI (resolution MEPC.170(57));.2 the remaining work to be carried out, some of which was outside the remit of BLG 13; and.3 that the results of the review of the GESAMP Working Group on washwater discharge criteria were still pending and, consequently, that the work could not be completed without these, urged the GESAMP Working Group to submit the results of its review as a matter of priority and referred the matter to MEPC 59 for further consideration (paragraph and Annex 21); 19. consider draft amendments to MARPOL Annex I on Special requirements for the use or carriage of oils in the Antarctic area with a view to subsequent adoption (paragraph and Annex 22); 20. approve, subject to MSC 86 s concurrent decision, the proposed revised work programme of the Sub-Committee and provisional agenda for BLG 14 (paragraph 15.1 and Annex 23); and 21. note the status of the planned output of the High-Level Action Plan of the Organization and priorities for biennium relating to the Sub- Committee s work (paragraph 15.2, Annex 24). MEPC 59/10/3/Add.1 (Secretariat) - Draft MEPC Circular on technical information on systems and operation to assist development of VOC Management Plans The Annex to this document contains a draft MEPC circular for technical information on systems and operation to assist development of VOC management plans for tankers, as requested by BLG 13. MEPC 59/10/4 (Secretariat) Outcome of DE 52 The document reports on the outcome of DE 52 which is relevant to the work of the Committee. Action requested of the Committee The Committee is to approve the report in general and, in particular, to (paragraph numbers and Annexes referred to below are those of document DE 52/21): 1. approve, subject to MSC s concurrent decision, the draft Assembly resolution on Adoption of the Code on Alerts and Indicators, 2009, for submission to the twenty-sixth session of the Assembly for adoption (paragraph 4.11 and Annex 1); External Affairs 29/06/09 44 of 63

45 2. approve, subject to MSC s concurrent decision, the draft Assembly resolution on Guidelines for ships operating in polar waters, for submission to the twenty-sixth session of the Assembly for adoption (paragraph 9.30 and Annex 11); 3. note the outcome of the discussion on the proposed phase-out of pollution prevention equipment approved under resolutions MEPC.60(33) and A.586(14), in particular the Sub-Committee s view that further in-depth deliberation of the issue was needed, and take action as appropriate (paragraphs to 20.27); 4. note the outcome of the discussion on the Guide to diagnosing contaminants in oily bilge water to maintain, operate and troubleshoot bilge water treatment systems, in particular the Sub-Committee s view that the proposed Guide could be an excellent tool to help engine-room crews to comply with MARPOL requirements, and take action as appropriate (paragraphs to 20.31); 5. note the outcome of the discussion on manually operated alternatives in the event of equipment malfunctions (resolution MEPC.108(49)), in particular the Sub-Committee s view that further in-depth deliberation of the issue was needed, and take action as appropriate (paragraphs to 20.41); and 6. note the Sub-Committee s conclusion, concerning the issue of an acceptable percentage reduction in the volume of sludge from evaporation, that it would be unrealistic to calculate a such percentage reduction as it would largely depend on the amount of water in the sludge (paragraphs to 20.46). MEPC 59/10/5 (IMarEST) - Outcome of BLG 13 - Proposed amendments to resolution MEPC.170(57) Guidelines for Exhaust Gas Cleaning Systems This submission highlights the need for further amendments to the Guidelines for Exhaust Gas Cleaning Systems Annexed to resolution MEPC.170(57) to reflect amendments to MARPOL Annex VI agreed by MEPC 58. MEPC 59/10/6 (Secretariat) Outcome of FSI 17 This document provides the list of actions requested of the Committee on matters emanating from FSI 17. Action requested of the Committee The Committee is to approve the report in general and, in particular, to (paragraph numbers and Annexes referred to below are those of document FSI 17/20): 1. endorse the Sub-Committee s agreement to extend the target completion date of work items 2.1, 3.2, 4.1, 4.2 and 6.1 of the Action Plan on Tackling the Inadequacy of Port Reception Facilities to 2010 (paragraphs 5.6.1, and ); 2. endorse the Sub-Committee s agreement that work items 2.2, 2.3, 3.1 and 5.3 of the Action Plan on Tackling the Inadequacy of Port Reception Facilities are completed (paragraphs 5.6.4, and 5.6.9); 3. endorse the Sub-Committee s agreement that the finalized Guide to Good Practice for Port Reception Facilities (Annex 4 to document FSI 17/5) should be issued as an MEPC circular. In addition, endorse the following avenues for the further dissemination of the Guide (paragraph 5.6.8): a. link the Guide in the GISIS website, allowing its electronic download; b. encourage port States to make the Guide available at port reception facilities; and c. encourage flag States to make the Guide available to shipowners and masters; 4. note the Sub-Committee s agreement to re-establish the correspondence group to work on the remaining work items of the Action Plan on Tackling the Inadequacy of Port Reception Facilities (paragraph ); External Affairs 29/06/09 45 of 63

46 5. concur with the Sub-Committee s recommendation regarding the review of the Guidelines for inspection of anti-fouling systems on ships under a new item Review of the Guidelines for inspection of anti-fouling systems on ships, to be included in the agenda of FSI 18, with a target completion date of 2011, bearing in mind that the above-mentioned guidelines had been developed by the Sub- Committee (FSI 11) under the item Development of Guidelines under the 2001 AFS Convention, approved by MEPC 47 (paragraphs 7.30 and 7.31); 6. endorse the Sub-Committee s decision, with regard to the revision of the Procedures for port State control, to continue developing the consolidated draft Assembly resolution intersessionally (paragraphs 7.36 and 7.48); 7. concur with the Sub-Committee s recommendation that the MSC-MEPC.4/Circ 3 on blanking of bilge discharge piping system in port be distributed within PSC regimes as soon as possible, if not done so already (paragraph 7.45); 8. consider, with a view to adoption by an MEPC resolution, the revised Guidelines for port State control under the revised MARPOL Annex VI (paragraphs 7.46 and Annex 1); 9. note the Sub-Committee s view that the guidance, contained in MEPC.1/Circ.640 on Interim guidance on the use of the oil record book concerning voluntary declaration of quantities retained on board in oily bilge water holding tanks and heating of oil residue (sludge) is useful in inspecting the Oil Record Book and should be brought to the attention of port State control officers, while recommending that there is no need to modify the resolution A.787(19), as amended by resolution A.882(21) (paragraph 7.47); 10. note the Sub-Committee s agreement to re-establish the Correspondence Group on Port State Control and its instruction, inter alia, to continue the development of draft Guidelines on port State control under the 2004 BWM Convention (paragraphs 7.48 and 9.10); 11. invite the BLG Sub-Committee to keep the FSI Sub-Committee updated on the development of the ballast water sampling and analysis protocols to facilitate the development of the Guidelines on port State control under the 2004 BWM Convention (paragraph 9.10); 12. concur with the Sub-Committee s recommendation to adopt the following regime, in order to try to reduce the volume of paper, that, every uneven session of the Assembly, the revised Survey Guidelines under the HSSC incorporating all amendments are adopted in a consolidated version but, every even session of the Assembly, only amendments to the Survey Guidelines are adopted with the proviso that a consolidated working version of the Survey Guidelines is prepared by the Secretariat and posted on IMODOCS (paragraph 11.12); 13. approve, subject to MSC s concurrent decision, the draft amendments to the Survey Guidelines under the HSSC, 2007 (resolution A.997(25)), together with the text of the draft Assembly resolution, prior to submission to the Assembly at its twenty-sixth session for adoption (paragraph and Annex 2); 14. consider, with a view to adoption by an MEPC resolution, the amendments to the Survey Guidelines under the Harmonized System of Survey and Certification (resolution MEPC.128(53)) for the Revised MARPOL Annex VI (paragraph and Annex 3); 15. approve, subject to MSC s concurrent decision, the MSC-MEPC.5 circular on General guidance on the timing of replacement of existing certificates by the certificates issued after the entry into force of amendments to certificates in IMO instruments (paragraph and Annex 4); 16. note the Sub-Committee s agreement to re-establish the Correspondence Group on the Review of the Survey Guidelines under the HSSC and the Code for the External Affairs 29/06/09 46 of 63

47 implementation of mandatory IMO instruments and its instruction, inter alia, to develop amendments to resolution MEPC.102(48) on the Survey Guidelines on the AFS Convention (paragraphs and ); 17. concur with the Sub-Committee s decision to remove the ISPS Code-related proposed amendments to the Code for the Implementation of Mandatory IMO Instruments, 2007 and recommend that proposals, by Member States, to expand the scope of the Code should be, first, submitted to the Committees (paragraph 13.4); 18. concur with the Sub-Committee s recommendation to adopt the following regime, in order to try to reduce the volume of paper, that, every uneven session of the Assembly, the revised Code for the Implementation of Mandatory IMO Instruments incorporating all amendments is adopted in a consolidated version but, every even session of the Assembly, only amendments to the Code are adopted with the proviso that a consolidated working version of the Code is prepared by the Secretariat and posted on IMODOCS (paragraph 13.11); 19. approve, subject to MSC s concurrent decision, the draft amendments to the Code for the Implementation of Mandatory IMO Instruments, 2007 (resolution A.996(25)), which now includes a new Annex, Annex 7, together with the text of the draft Assembly resolution prior to submission, through the Council at its twenty-fifth extraordinary session, to the Assembly at its twenty-sixth session for adoption (paragraphs and and Annex 5); 20. approve, subject to MSC s concurrent decision, the MSC-MEPC.2 circular on Guidance for the application of safety, security and environmental protection provisions to FPSOs and FSUs (paragraph and Annex 6); 21. endorse the Sub-Committee s decision, with regard to the development of a Code for recognized organizations, to request the Secretariat to prepare, as soon as possible, a consolidated document containing all existing requirements and recommendations of IMO instruments regarding recognized organizations, and to invite Member States and international organizations to consider the above document by the Secretariat; to carry out a gap analysis to identify areas that are not or not adequately covered by the existing requirements and recommendations; and to submit the results of their considerations to FSI 18 (paragraph 14.16); 22. approve the proposed revised work programme of the Sub-Committee and provisional agenda for FSI 18 (paragraph 17.1 and Annex 8); and 23. endorse the report on the status of the Sub-Committee s planned outputs in the High-level Action Plan for the current biennium (paragraph 17.2 and Annex 9). MEPC 59/10/7 (IFAW) - Comment on the outcome of DE 52 - A guide for diagnosing contaminants in oily bilge water to maintain, operate and troubleshoot bilge water treatment systems This document comments on the outcome of DE 52 in support of IMarEST proposal (DE 52/20/3) on a guide for diagnosing contaminants in oily bilge water to maintain, operate and troubleshoot bilge water treatment systems. DE 52 observed that the proposed Guide could be an excellent tool to help engine-room crews to comply with MARPOL Annex I. MEPC 59/10/8 (CLIA) Comments on proposed amendments to MARPOL Annex I CLIA notes the draft amendments to ban heavy grade oils (HGO) in the Antarctic area and notes that the actual economic impact has not been recognized or considered due to inclusion of IFO-180 fuel in the ban which was not the case when the basic economic survey was conducted in early External Affairs 29/06/09 47 of 63

48 MEPC 59/10/9 (Liberia) Outcome of DE 52 This submission recommends the issuance of an MEPC circular based upon the submission to DE 52 (DE 52/20/3), by the Institute of Marine Engineering, Science and Technology (IMarEST) A Guide to Diagnosing Contaminants in Oily Bilge water to Maintain, Operate and Troubleshoot Bilge water Treatment Systems. The guide received widespread support at DE 52. The DE Sub-Committee referred the document and guide back to MEPC 59 for consideration. MEPC 59/10/10 (United States) Outcome of DE 52 The United States supports the Sub-Committee s conclusion regarding the proposal for mandatory phase-out of oily water separators and oil discharge monitoring systems complying with resolutions MEPC.60(33) and A.586(14). Specifically, the Sub-Committee concluded it could not achieve the Committee s tasking because the issue was not a dedicated item on the Sub-Committee s agenda or work programme. Therefore, the United States proposes that the Committee establish a dedicated item in the Sub- Committee s work programme and agenda to facilitate completion of the Committee s instructions. Action requested of the Committee The Committee is to consider the information noted above and establish a dedicated item in the DE Sub-Committee s work programme and agenda with the original direction the Committee provided to the DE Sub-Committee in MEPC 56/ Work of other bodies (Agenda Item 11) Executive synopsis on this agenda item Background: MEPC 59 will be informed of the outcome of other bodies, including the 101 st and 102nd sessions of the Council, the eighty-fifth and eighty-sixth sessions of the Maritime Safety Committee, the thirtieth Consultative Meeting of Contracting Parties (London Convention 1972) and third meeting of Contracting Parties (London Protocol 1996) and the fifty-ninth session of the Technical Co-operation Committee, on matters of relevance to the Committee. (Outcome of MSC 85 & 86) MSC 86 approved the following instruments for the approval of the Committee. Draft Assembly Resolutions (Draft Assembly Resolution on adoption of the Code on Alerts and Indicators 2009) The MSC 86 approved the draft assembly resolution for further approval at MEPC 59 and the final adoption at the 25 th session of the Assembly. This is the comprehensive revision of the Assembly resolution A.830 (19) - the Code on Alarms and Indicators, Implications: While this code is a stand alone non-mandatory instrument, in general, the code will be widely used for the design and approval of all shipborne controls. Therefore, manufacturers and builders should be aware of these developments and take into consideration when designing new equipment and system onboard. External Affairs 29/06/09 48 of 63

49 Application: to all shipboard alerts (alarms) and indicators which are required by the 1974 SOLAS Convention, as amended, including the performance standards referred to, MARPOL 73/78 as amended and associated instruments (IBC, BCH, IGC, Gas Carrier, 2000 HSC, [2009] MODU (being adopted at 26 th Assembly), Nuclear Merchant Ships, Diving, IMDG, FSS and LSA Codes; 1993 Torremolinos Protocol, Guidelines for IGS, Standards for VEC). (Draft Assembly resolution on the Revised MODU Code) The MSC 86 approved the text by the DE Sub-Committee, taking into account opinions expressed at this session of the MSC 86. A proposal relating the 2008 IS Code was not agreed. It should be noted that the degree of the revision is very exhaustive. The revised Code has substantial impact on the design and construction of the MODUs, e.g., the requirements of PSPC (Performance Standard for Protective Coating). Implications: Builders: This will affect design of the MODU, e.g.: - Reference to MSC.215 (82) Performance standard for protective coatings for dedicated seawater ballast tanks in all types of ships and double-side skin spaces of bulk carriers, will have significant impact in the fabrication process. - Reference to MSC.1/Circ.1212 Guidelines on alternative design and arrangements for SOLAS Chapter II-1 and III, will provide considerable freedom. Owners & Operators: The code also includes operational aspects, which affect MODU s SMS as per ISM Code. Flag Administration and its ROs (classification societies): As many flag Administrations incorporate the current MODU Code into their national legislation, this amendment will have impact on them. Application: to new MODUs, keels of which are laid on 1 January 2012 and thereafter, is suggested at present. (Draft Assembly resolution on Guidelines for ships operating in polar waters) The MSC 86, taking into account comments expressed at this session of the MSC 86 approved the draft Assembly resolution for adoption by the 26 th session of the Assembly. The key amendments include the following items: 1. Amendment of the title to Guidelines for ships operating in polar waters in recognition of additional challenges in polar waters other than ice-coverage and to reflect the recommendatory nature of the provisions; 2. Amendments to the preamble to emphasise the need to consider the nature of the operations that are anticipated and provisions for environmental protection; 3. Amendments to the provisions to the propulsion power to include the icebreaking capability and risk of structural damage. In addition, the IACS URs for Polar Class ships were extensively discussed and the equivalency between other standards, taking into account the Russian experience of operating Arctic ships; External Affairs 29/06/09 49 of 63

50 4. Amendments to the damage stability provisions to consider SOLAS chapter II-1; 5. Amendments to the life saving and fire fighting arrangements to take into account the temperatures during seasonal operation; 6. Amendments to incorporate greater flexibility in the provision of survival kits; 7. Amendments to specify totally enclosed or partial lifeboats depending on the anticipated operation; 8. Amendments to specify that the provisions for navigational equipment are applicable to all ships operating in polar waters; 9. Amendments to the provisions for operational manuals for clarity and removal of provisions that may conflict with drill requirements contained in other IMO instruments; 10. Amendments to include provisions for environmental protection and damage control to take into account any applicable National and International rules and regulations and industry best practice; Implications: Although this is a non-mandatory instrument, it may affect design and operation of ships operating in the polar region. The Code includes a wide range of design/equipment related issues, such as damage stability, life-saving appliances etc. Application: Although these Guidelines are voluntary they are intended for the ships constructed on or after 1 January There is no size limitation. It is intended to apply to ships operating in the Antarctic and the Arctic waters (definition of these waters are given in the Guidelines). Existing ships are encouraged to comply with the Code as far as reasonable and practical. (Amendments to the Survey Guidelines under the Harmonized System of Survey and Certification) IMO Resolution A.997(25) Survey Guidelines Under the Harmonized System of Survey and Certification supersedes the guidelines adopted by the resolution A.948(23) and takes account of the Harmonised System of Survey and Certification in such instruments as SOLAS, Load Lines Convention, MARPOL Convention, IBC Code, IGC Code, BCH Code. The Guidelines are non-mandatory, however, widely implemented. They are mandatory in EU countries. With regard to the dry docking requirements of passenger ships, FSI 17 noted that DE 52 could not conclude on alternative arrangements for bottom inspection requirements for passenger ships other than ro-ro passenger ships for the preparation of appropriate amendments to the Survey Guidelines, and deferred the further discussion to the next session as delegations opinions were not fully concurred with the in-water survey for passenger ships. After a lengthy discussion, FSI 17 decided to insert a paragraph in the survey guidelines allowing a ship to undergo dry docking only once every five years, subject to compliance with the guidance developed by the DE Sub-Committee for approval at the Maritime Safety Committee. The extract of the new paragraph is re-produced hereunder: where acceptable to the Administration, the minimum number of inspection in dry-dock of the outside of the bottom of a passenger ship (which is not a roro passenger ship) in any five-year period may be reduced from two to one*. In such cases the interval between consecutive inspections in dry-dock shall not exceed 60 months. External Affairs 29/06/09 50 of 63

51 * In accordance with guidance to be developed by the Organization During the deliberation at the MSC 86, one member States expressed concerns over the relaxation of bottom survey, and insisted to wait for the completion of the technical guideline being developed by the DE Sub-Committee. While NGO members explained the technical justification, current practices and the need of approval at this session, no member States supported the approval. Subsequently, the MSC 86 decided to wait for the outcome of the DE Sub-Committee, rather than approving this revision on the dry docking requirements for passenger ships. Other parts of the draft guidelines were approved by the MSC 86 for the concurrence of the MEPC 59 and the subsequent adoption at the 26 th session of the Assembly. Implications: Shipowners/Managers: verification will be needed to ensure that the latest requirements are being complied with Flag Administrations/ROs: To ensure that survey checklists are up to date and flag States surveyors and PSC officers are aware of the new requirements Application: to all ships (as survey requirements) (Draft amendments to the Code for the implementation of mandatory IMO instrument (resolution A.996 (25)) The MSC 86 approved the amendment subject to concurrence of the MEPC 59 and the subsequent adoption at the 26 th Session of the Assembly. Under the provisions of the United Nations Convention on the Law of the Sea, 1982 (UNCLOS) and of IMO conventions, flag State Administrations are responsible for promulgating laws and regulations and for taking all other steps which may be necessary to give these instruments full and complete effect so as to ensure that, from the point of view of safety of life at sea and protection of the marine environment, a ship is fit for the service for which it is intended and is manned with competent maritime personnel. The code was developed to enhance global maritime safety and protection of the marine environment. The revised code contains mandatory requirements entering into force up to ` July Implications: Flag State implementation scheme. Application: Not to ship/equipment but to the governments. Draft MSC-MEPC Circular (MSC MEPC Circular on measurement of distances) The Committee, based upon the submission by IACS, developed a joint MSC/.MEPC circular on the measurement on distances. The objective is to clarify measurement of distances between the inner and outer skins for protecting the spaces inside the inner skins by developing a new interpretation. External Affairs 29/06/09 51 of 63

52 Implication: This is the current industry practices. Therefore, no significant impact is envisaged. Application: All ships. (Prohibition of blending MARPOL cargoes on board during the sea voyage) In conjunction with the discussion on the carriage of bio-fuel blend, the MSC 86 approved a circular on the prohibition of blending operation onboard during the sea voyage, subject to concurrence of the MEPC 59. The MSC 86 encouraged members to further consider definition of during the sea voyage at MEPC 59 prior to the final approval. Implication: a practice of blending bio-fuel off a port will be prohibited in order to ensure the safety of a ship. This decision might have implication on the taxations as such practice was aimed at this purpose. Application: While the original intent of the circular was to provide guidance to chemical tankers carrying bio fuel blends, the circular, as it stands now it may have wider scope of application. (MSC-MEPC circular on Guidance on the timing of replacement of existing certificates by the certificates issued after the entry into force of amendments to certificates in IMO instruments) The MSC 86 approved the circular subject to the concurrence of the MEPC 59. The circular clarifies as follows: 1. In cases where the ship does not have to comply with new requirements, the certificate (and its supplement, if any) is not to be reissued until its expiry 2. In cases where the ship has to comply with new requirements, the certificate (and its supplement, if any) is to be re-issued at the opportunity of the first survey occurring after the date of entry into force of the amendment; and 3. Where a ship is subjected to a modification or conversion which involved an additional survey, the certificate (and its supplement, if any) is re-issued. Implication: Owners of the ship and the flag Administration and recognized organizations acting on its behalf (e.g., classification societies) should be aware of this clarification. Application: all ships. LR position: to monitor the development with a view to implementing the requirement once they are concluded. Implications: as indicated above, each instrument forwarded from the Maritime Safety Committee has impact on the ship design/operation. Application: (Documents submitted) External Affairs 29/06/09 52 of 63

53 MEPC 59/11 (Secretariat) - Outcome of the one hundred and first session of the Council This document reports on the outcome of the 101st session of the Council which is of relevance to the work of the Committee. Action requested of the Committee The Committee is invited to note the above information and, in particular, to note the outcome of the Council on the report of the Committee s fifty-eighth session. MEPC 59/11/1 (Secretariat) Outcome of MSC 85 This document provides information on the outcome of MSC 85 which is relevant to the work of the Committee. Action requested of the Committee The Committee is to note the above information and take action, as appropriate, under relevant agenda items and, in particular, to approve the draft MSC-MEPC.5 circular on Unified Interpretation on measurement of distances, set out in the Annex (see paragraph 26 above). MEPC 59/11/2 (Secretariat) - Status of activities of GESAMP/Progress with the UN Regular Process This document reports on (1) the recent activities and achievements of GESAMP; (2) the progress towards establishing the UN Regular Process; and (3) the offer which GESAMP has made for a contribution to this Process, if established. 13. Status of conventions (Agenda Item 12) Executive synopsis on this agenda item Background: MEPC 59 will be informed of the status of conventions and protocols relating to marine environmental protection. LR position: To note the information. Implications: No immediate impact to the industry under this agenda item. Application: N/A. (Documents submitted) MEPC 59/12 (Secretariat) Status of Conventions The document shows the current status of IMO conventions and other instruments relating to marine environment protection. 14. Harmful anti-fouling systems for ships (Agenda Item 13) Executive synopsis on this agenda item Background: MEPC 59 will consider any submissions under this item, including those with information on the implementation and enforcement of the AFS Convention, which entered into force on 17 September 2008, and on anti-fouling systems approved, restricted or prohibited under the domestic law of Member States. External Affairs 29/06/09 53 of 63

54 MEPC 59 will also consider the outcome of the Consultative Meeting of Contracting Parties to the London Convention concerning the final version on best management practices for removal of anti-fouling systems from ships, including TBT hull paints. As of 31 March 2009, there are 37 States ratified the convention, which consist of 66.37% of the world s tonnage. LR position: to carefully monitor the development from the view point of protection of environment and human health safety. Implications: No specific implication is envisaged at this stage. Application : N/A. (Documents submitted) MEPC 59/13 (Secretariat) - Guidance on best management practices for removal of anti fouling coatings from ships, including TBT hull paints This document provides the Guidance on best management practices for removal of anti-fouling coatings from ships, including TBT hull paints, developed under the London Convention and Protocol. Having noted the Draft Guidance on best management practices for removal of anti-fouling systems from ships, including TBT hull paints (MEPC 58/INF.3), developed by the Scientific Groups under the London Convention and Protocol, MEPC 58 invited the governing bodies to take into consideration the comments on the environmental risk posed by in-water cleaning and to provide the final version of the guidance document to MEPC Promotion of implementation and enforcement of MARPOL and related instruments (Agenda Item 14) Executive synopsis on this agenda item Background: MEPC 59 will consider any submissions under this item. LR position: to note the discussion. Implications: There may be some operational impacts on the cruise ship industry. Application: Cruise ship operations. (Document submitted) MEPC 59/14 (WWF) - Proposal to encourage voluntary actions to decrease nutrient emissions by passenger ships This document contains information on the eutrophication process of semi-closed and closed sea areas of the world. It also demonstrates that present IMO regulations do not protect the sensitivity of these areas against nutrient emissions from international shipping. It is proposed that, as a first step, voluntary actions should be taken by passenger ships and more stringent discharge regulations be developed for passenger ships sailing in eutrophicated semi-closed and closed sea areas, such as the Baltic Sea, in order to stop the discharge of sewage into the sea. WWF proposes that a) all passenger vessels trafficking in semi-closed and closed sea External Affairs 29/06/09 54 of 63

55 areas which are threatened by eutrophication, should immediately voluntarily cease to discharge their waste water into the sea, and instead dispose their waste water only in harbour port facilities and b) to initiate discussions about the importance of strengthening the present IMO regulations to decrease nutrient emissions from passenger ships. MEPC 59/14/1 (CLIA) Comments on the proposal by WWF This document responds to the statements and suggestions made by the World Wide Fund for Nature (WWF) in document MEPC 59/14. It introduces current situation in the industry. MEPC 59/INF.18 (ROPME/MEMAC) - 7th Regional Steering Committee meeting on Administration and Implementation of the MARPOL and OPRC Conventions This document provides information on the 7th Regional Steering Committee Meeting on Administration and Implementation of MARPOL and OPRC Conventions held in the Kingdom of Bahrain on 2 to 3 November 2008, and it also provides information with respect to the Third Regional Oil Spill Exercise held in the Kingdom of Saudi Arabia from 4 to 6 May Technical Co-operation Sub-programme for the Protection of the Marine Environment (Agenda Item 15) Executive synopsis on this agenda item Background: MEPC 59 will consider a status report on the Technical Co-operation Sub- Programme for the Protection of the Marine Environment, including an update on the major projects and other related activities on a region-by-region basis. LR position: To note the discussion. Implications: No direct impact to the industry. Application: N/A. (Documents submitted) MEPC 59/15 (Secretariat) - Status report on the activities under the ITCP and on the major projects (1 January 2008 to 31 March 2009) This document provides an update on the activities of the Integrated Technical Co-operation Programme related to the protection of the marine environment undertaken during the period from 1 January 2008 to 31 March MEPC 59/15/Add.1 (Secretariat) - Status report on the activities under the Integrated Technical Co-operation Programme (1 January 2008 to 30 April 2009) This document provides additional information on the activities of the Integrated Technical Co-operation Programme related to the protection of the marine environment for 2008/2009 and which were outlined in MEPC 59/15. MEPC 59/15/1 (Secretariat) - Proposed contribution to the new ITCP for This document spells out the Marine Environment Protection Committee s proposed contribution to the overall IMO Integrated Technical Co-operation Programme (ITCP) for External Affairs 29/06/09 55 of 63

56 MEPC 59/15/2 (Secretariat) - Status report on the activities under the EC/MEDA financed project on EUROMED Co-operation on Maritime Safety and Prevention of Pollution from Ships (SAFEMED) implemented from 1 January 2008 to 31 March 2009 This document provides a progress report on the activities under the SAFEMED Project during the period from 1 January 2008 to 31 March MEPC 59/15/3 (Secretariat) - Implementation of the Protocol to the Barcelona Convention concerning co-operation in Preventing Pollution from Ships and, in cases of Emergency, combating pollution of the Mediterranean Sea This document provides information on activities carried out under the aegis of the Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC) during the period from 1 January 2008 to 30 April MEPC 59/INF.22 (Secretariat) - Status report on the activities under GloBallast Partnerships project This document provides a progress report on the activities under GloBallast Partnerships project during the period from October 2007 to 30 April MEPC 59/INF.23 (Secretariat) - Development of a Country Profile Database and a Research & Development Directory under the GloBallast Partnerships project This document describes the progress in implementing a GloBallast Country Profile Database and the GloBallast Research & Development Directory. 17. Role of human element (Agenda Item 16) Executive synopsis on this agenda item Background: MEPC 59 will consider the outcome of MSC 85 and MSC 86 on human element issues as well as any other submissions under this item. (ISM Code) The outcome of the Joint MSC/MEPC Working Group on Human Element, which will meet during MEPC 59 to consider, inter alia, draft amendments to the Revised Guidelines on implementation of the ISM Code for submission to A 26 for adoption, will be brought to the attention of the Committee. (Joint IMO/ILO Working Group) In principle, the MSC 86 agreed to hold such joint Working Group on ad-hoc basis. The details of the terms of reference of the group will be discussed by the MSC-MEPC Joint Working Group on Human Elements to be held during the MEPC 59. LR position: to closely monitor the discussion, especially matters relevant to the ISM Code. Implications: Any amendment made to the ISM Code will affect shipboard and company safety management procedures. Application: All ships subject to the code (Passenger ship regardless of the tonnage engaged on international voyages and cargo ships (non-passenger ships) of 500 gt and MODUS engaged on international voyages.) and their management companies. (Documents submitted) External Affairs 29/06/09 56 of 63

57 MEPC 59/16 (Secretariat) - Investigation report on the casualty of the MSC Napoli The document advises on the decision of MSC 85 to refer the report on investigation into the casualty of the MSC Napoli to the Joint MSC/MEPC Working Group on Human Element for review and reporting on their recommendations for further action to the Maritime Safety Committee. MEPC 59/16/1 (Secretariat) - Outcome of MSC 85 on human element issues This document provides the outcome of MSC 85 relevant to the work of the Committee on the role of the human element. MEPC 59/16/2 (Secretariat) - Outcome of inter-secretariat consultations on the possible common areas of interest to be discussed jointly by ILO and IMO This document provides information on the outcome of inter-secretariat consultations between ILO and IMO regarding the possible common areas of interest to be discussed jointly. MEPC 59/16/3 (ITF) - Promoting safe behaviour in a safety culture This document proposes amendments to the ISM Code to enable full involvement of seafarers in health and safety initiatives. MEPC 59/16/4 (ITF) - Duties and Training for Ship Safety Representative This document provides a draft outline of the duties and responsibilities of a Ship Safety Representative and the Knowledge, Understanding and Proficiency requirements for a Ship Safety Representative to successfully perform in that capacity. MEPC 59/16/5 (Republic of Korea) - Amendments to the Revised Guidelines on Implementation of the ISM Code by Administrations (resolution A.913(22)) This document proposes specific amendments to the revised guidelines on Implementation of the ISM Code by Administrations (resolution A.913(22)) to improve the effectiveness of implementation of the International Safety Management (ISM) Code. MEPC 59/16/6 (Secretariat) - Outcome of MSC 86 on human element issues This document provides the outcome of MSC 86 relevant to the work of the Committee on the role of the human element. MEPC 59/INF.8 (ICS) - ICS/ISF Guidelines on the application of the International Safety Management (ISM Code) This document provides information on the revision of the ICS/ISF Guidelines on the application of the ISM Code. MEPC 59/INF.12 (United Kingdom) - Leadership qualities The United Kingdom has developed guidance which identifies core leadership qualities in a safety critical environment and is of particular interest to Masters and other maritime leaders The guidance was originally only available in English. It has now been translated into other languages. The United Kingdom wishes to notify the Committee that, with effect from 1 April 2009, the guidance is available from the United Kingdom s Maritime and Coastguard Agency in 8 languages. External Affairs 29/06/09 57 of 63

58 18. Formal safety assessment (Agenda Item 17) Executive synopsis on this agenda item Background: MEPC 59 will consider the report of the correspondence group established at MEPC 58 to review the Environmental Risk Acceptance Criteria, and any other submissions under this item. LR position: to monitor the development. Implications: there would be no immediate impact to the industry. However, depending upon the outcome (recommendation) of the FSA, it may trigger amendments to the existing requirements, or create new one. Application: N/A. (Documents submitted) MEPC 59/17 (Greece on behalf of the Coordinator of the Correspondence Group) - Report of the Correspondence Group on Environmental Risk Evaluation Criteria This document reports the outcome of the correspondence group on environmental risk evaluation criteria. The topic clearly proved more difficult than what was anticipated when MEPC 56 decided to deal with it two years ago, and the degree of difficulty has been more than demonstrated in the discussion to date. MEPC 59/17/1 (Japan) - Comments on the Correspondence Group report of the Environmental Risk Evaluation Criteria This document provides Japan s comments on the draft report of the Correspondence Group on Environmental Risk Evaluation Criteria. Japan is of the opinion that using function-type CATS in Eq.(5) is a better solution in order to apply the volume-dependent CATS within the framework of FSA. MEPC 59/17/2 (Secretariat) - Progress made at MSC 86 within the context of Formal Safety Assessment This document provides information on the progress made at MSC 86 within the context of Formal Safety Assessment which is relevant to the work of the Committee. MEPC 59/INF.21 (Norway) - Analysis of Various Environmental Risk Evaluation Criteria This document contains an analysis of various Environmental Risk Evaluation Criteria currently in use or proposed to be used in the Future. 19. Development of a guidance document for minimizing the risk of ship strikes with cetaceans (Agenda Item 18) Executive synopsis on this agenda item Background: MEPC 59 will consider any submissions under this agenda item, including comments on the draft guidance document submitted to MEPC 58 (MEPC 58/18) with a view to approval. LR position: to note the discussion. External Affairs 29/06/09 58 of 63

59 Implications: Discussion on this may result in operational restriction in a certain sea area. Application: To be decided in the course of discussion. (Documents submitted) MEPC 59/18 (Italy, Spain, France and Monaco) - Measures for minimizing the risks of collisions with cetaceans This document provides information on the work carried out in the Mediterranean Sea to assess the impact of ship strikes affecting large cetaceans and to identify conservation and mitigation measures to address this issue which is a synthesis of the current knowledge of ship strikes in the Mediterranean. 20. Noise from commercial shipping and its adverse impacts on marine life (Agenda Item 19) Executive synopsis on this agenda item Background: MEPC 59 will consider any submissions under this new item on its agenda including the outcome of a correspondence group tasked with, inter alia, developing voluntary technical guidelines for ship-quieting technologies as well as potential navigation and operational practices. LR position: To note the discussion. Implications: Depending upon the discussion, it may have impact on the design of ship/equipment. Application: To be further discussed. (Documents submitted) MEPC 59/19 (United States) Report of the Correspondence Group This document is the report of the Correspondence Group on the issue of Noise from commercial shipping and its adverse impact on marine life, which was added to the Committee s agenda by MEPC 58 as a high priority item. The Correspondence Group is to identify and address ways to minimize the incidental introduction of noise from commercial shipping operations into the marine environment to reduce potential adverse impacts on marine life. The Committee assigned several sessions to this work and this is the first report from the Correspondence Group. MEPC 59/19/1 (IFAW and FOEI) - Reducing underwater noise pollution from large commercial vessels The incidental introduction of noise from commercial shipping operations into the marine environment has potential adverse impacts on marine life. A review of technologies that may be used to reduce underwater noise output from the loudest commercial vessels was conducted by Renilson Marine Consulting Pty Ltd. The scope of the study was guided by discussions of the Correspondence Group established at MEPC 58. Since cavitation noise dominates the underwater noise signature of large commercial vessels, those that suffer from excessive cavitation will be the noisiest. Cavitation may be reduced by improving propeller design and wake flow into the propeller and a variety of technologies exist to do this. Some of these can be retrofitted as well as incorporated into new build. The review identified scope to quieten the noisiest ships using existing technology without reducing their propulsive efficiency. External Affairs 29/06/09 59 of 63

60 Some technologies that improve efficiency may also reduce noise and operating costs over the lifetime of the vessel. The Committee is requested to consider the additional research needs identified in this report. 21. Work programme of the Committee and subsidiary bodies (Agenda Item 20) Executive synopsis on this agenda item Background: MEPC 59 will consider and agree on the work programme of the Committee and subsidiary bodies, including items to be included in the agenda of the Committee for its forthcoming three sessions. MEPC 59 will also consider any proposals to include new items in the work programmes of the Committee and relevant Sub-Committees. LR position: To note. Implications: No immediate impact to the industry out of this agenda item. Application :N/A. (Documents submitted) MEPC 59/20 (Republic of Korea and IACS) - Application of SOLAS, MARPOL and Load Line requirements to major conversions of oil tankers In response to the invite of the fifty-first session of the Sub-Committee on Ship Design and Equipment, this document proposes a new work programme item for the Sub- Committee to develop interpretations on the extent of the application of the SOLAS, MARPOL and Load Line Conventions to major conversions of oil tankers in a holistic manner. MEPC 59/20/1 (Denmark, Norway and the United States) - Mandatory Application of the Polar Guidelines At MSC 79, documents were submitted by the Secretariat regarding decisions and a request by the XXVIIth Antarctic Treaty Consultative Meeting (ATCM) to revise MSC/Circ.1056-MEPC/Circ.399 Guidelines for ships operating in Arctic ice-covered waters to, among other things, make it applicable to the Antarctic. This is currently being considered at the Sub-Committee on Ship Design and Equipment (DE). In light of the increased interests and traffic in the Polar Regions, and the unique environmental concerns peculiar to these areas, this document proposes, upon adoption of the revisions to MSC/Circ.1056-MEPC/Circ.399, a new work programme item be added to the agenda of this Committee and any other appropriate subcommittee as a high priority item to develop mandatory requirements for application in the Polar Regions. MEPC 59/20/2 (United States) - A proposal for Guidelines for a Shipboard Oil Waste Pollution Prevention Plan At DE 51, it was recognized that the ISM Code requires every shipowner and operator to implement and maintain an environmental protection policy that assures environmental protection and compliance with relevant international standards and flag State legislation. This requirement should be incorporated in Safety Management Systems and should be vessel-specific. Consistent with the ISM Code and MARPOL, Annex I, this External Affairs 29/06/09 60 of 63

61 document proposes that guidelines be developed to assist shipowners and operators in developing specific and detailed pollution prevention plans for managing, operating and maintaining the oily waste treatment systems. MEPC 59/20/3 (Secretariat) - Status of planned outputs for the biennium This document provides the status of the planned outputs for the biennium relating to the work of the Committee, with reference to those listed in the Annex to resolution A.990(25) as updated by C 101. MEPC 59/20/4 (Secretariat) - Proposals for the High-level Action Plan of the Organization and priorities for planned outputs of the Committee for the biennium The Annex to this document sets out proposals for the High-level Action Plan of the Organization and priorities for the Biennium. MEPC 59/20/5 (FOEI, Greenpeace International, IFAW and WWF) Mandatory Polar Code This document supports as well as provides additional observation from FOEI, Greenpeace International, IFAW and WWF on the submission by Denmark, Norway and the United States (MEPC 59/20/1), which proposes that a high-priority work programme item on the development of mandatory requirements for polar regions be added to the agenda of MEPC and sub-committees as appropriate. MEPC 59/20/6 (IFAW) - A Proposal for Guidelines for a Shipboard Oil Waste Pollution Prevention Plan This document provides comments in support of the proposal submitted by the United States (document MEPC 59/20/2) for guidelines for a Shipboard Oil Waste Pollution Prevention Plan. 22. Any other business (Agenda Item 23) Executive synopsis on this agenda item Background: The Committee will consider the document submitted under this agenda item. LR position: To note. Implications: No immediate impact to the industry. Application: N/A. (Documents submitted) MEPC 59/23 (FOEI) - Clean Shipping Project: A choice for sustainable transportation The environmental performance of the maritime industry is improving gradually. The basis of this improvement is provided by developments in the IMO. Turning shipping into a real sustainable industry, however, needs additional instruments. An example of such an instrument is the Swedish Clean Shipping Project. This paper explains the background of this project. FOEI invites Member States and observers to take note of the project and consider the use of the system. External Affairs 29/06/09 61 of 63

62 MEPC 59/23/1 (Secretariat of the Basel Convention) - Cooperation between the Basel Convention and the International Maritime Organization This document provides a background and overview of decision IX/12 adopted by the ninth meeting of the Conference of the Parties to the Basel Convention on cooperation between the Basel Convention and the International Maritime Organization. The decision reiterates an earlier invitation to Parties to the Basel Convention and others to continue to provide information and views on the respective competencies of the Basel Convention and the MARPOL Convention and any gaps between those instruments. It also requests the Secretariat of the Basel Convention, inter alia, to keep the International Maritime Organization informed, as appropriate, of any developments on the subject of the decision arising in the context of the Basel Convention and to monitor any consideration by the Marine Environment Protection Committee of the International Maritime Organization on industrial production processes on board ships at sea, or any consideration of the respective competencies of the Basel Convention and MARPOL. MEPC 59/INF.16 (ISO) - Restructuring of the ISO Committee on Ships and Marine Technology (ISO/TC8) This document provides information on the recent restructuring of ISO/TC8 Committee on Ships and Marine Technology. The restructuring was agreed by ISO/TC8 to insure best economic, effective and efficient support to stakeholder current and future market needs. MEPC 59/INF.30 (Secretariat) - WMD 2009 Climate Action Plan Following the decision of the 100th session of the Council in June 2008 to nominate the World Maritime Day theme for 2009 as CLIMATE CHANGE: A challenge for IMO too!, IMO has developed a Climate Action Plan that seeks to implement a range of outreach and awareness activities to reinforce the theme s important message. The annex to this document sets out the Climate Action Plan for information, as appropriate. External Affairs 29/06/09 62 of 63

63 For further information, please contact any of the following offices External Affairs Lloyd s Register 71 Fenchurch Street London EC3M 4BS, UK Lloyd s Register EMEA 71 Fenchurch Street London EC3M 4BS, UK Lloyd s Register Asia Suite 3501 China Merchants Tower Shun Tak Centre Connaught Road Central Hong Kong, SAR of PRC Lloyd s Register Americas, Inc Enclave Parkway, Suite 200 Houston, Texas, 77077, USA Tel: +44 (0) Fax: +44 (0) Lloyd s Register Tel: + 44 (0) Fax: + 44 (0) Services are provided by members of the Lloyd s Register Group. Lloyd s Register is an exempt charity under the UK Charities Act Tel: Fax: Tel: Fax: External Affairs 29/06/09 63 of 63

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