Lloyd's Register report on the 58th session of IMO Marine Environment Protection Committee

Transcription

1 IMO MEPC 58 Report Lloyd's Register report on the 58th session of IMO Marine Environment Protection Committee 16 th October 2008 Hot topics - Major progress in Ballast Water Management (Section 1) - Ship Recycling - Final clean draft text prepared for the adoption at the Conference next year (Section 2) - Revised MARPOL Annex VI and the NOx Technical Code adopted with revised implementation date amended as 1 July (Section 4) - MARPOL Interpretation including Conversion (Section 5) - Amendments to MARPOL Convention and relevant Interpretation & Guidelines size of oil residue (sludge) holding tank will be increased (Section 7) - Summary of decisions (Section 16)

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 2008 External Affairs 16 October of 30

3 Contents 1. Harmful aquatic organisms in ballast water (Agenda Item 2) 7 (Basic and final approval of the ballast water treatment systems) 7 - Basic approval 7 - Final approval 7 Guidelines for ballast water sampling (G2) 7 Approval of revised Guidelines for approval of ballast water management systems (G8) 8 MEPC resolution on Information reporting on the type approved ballast water management systems 8 Revision of A.1005 (25) 8 (Lloyd s Register publication on ballast water treatment technology) 8 (References) 8 2. Recycling of ships (Agenda Item 3) 9 GENERAL DISCUSSSIONS 10 (Verbal report of the intersessional meeting) 10 - State sovereign immunity 10 - Reporting format 10 - Entry into force 10 - Prior removal of hazardous material 10 - Flag verification 10 - Implementation mechanism 10 - Reporting 10 - Development of Guidelines 10 (Review of the text of the convention prepared by the intersessional Working Group) 10 MATTERS TO BE FINALIZED AT THE CONFERENCE 10 - Regulation 10 Surveys 11 - Regulation 26 Reporting upon completion Appendix 1 Control of Hazardous Materials 11 - Threshold value Prevention of air pollution from ships (Agenda Item 4) 11 (Background) 11 (General discussion) 11 (CO2 Design Index) 12 (CO2 Operational Index) 12 (Management tool for all ships Ship efficiency management plan) 12 (Guidance on best practices and other voluntary operational measures) 12 (Impact to shipping industry in the developing countries) 12 (Application of the requirements) 12 (Market Based Incentives, including CO2 trading) 12 (Intersessional Working Group) 12 External Affairs 16/10/08 3 of 30

4 4. Consideration and adoption of amendments to mandatory instruments (DG) (Agenda Item 5) 12 MARPOL ANNEX VI 13 (Date of entry into force) 13 (Scope of application - Gas fuelled ship) 13 (Existing engine - verification) 13 (Criteria and Procedure for Designation of Emission control area) 13 (Definition of the fuel) 14 (Definition of sulphur) 14 NOX TECHNICAL CODE 14 OTHER GUIDELINES AND CIRCULAERS 14 (MEPC Circular on Interim Guidelines for the Application of the Revised NOx Technical Code Tier II certification) 14 (Unified Interpretation) 14 (Discharge criteria of wash water) 14 (Guidelines for Exhaust Gas Cleaning Systems) 14 (Guidelines for certification of Tier III exhaust gas after-treatment equipment) 15 (Guidelines for the development of a VOC management Plan) 15 OTHER RELEVANT ISSUES 15 (The impact of sulphur limits on ferry operations in Northern Europe) 15 (Fuel quality) 15 (MEPC Circular on Fuel Oil Availability and Quality - Early implementation of the principle of regulation 18.2 of the revised Annex VI) Interpretations of and amendments to MARPOL and related instruments (Agenda Item 6) 15 (Inadequate manuals for equipment malfunction for oil discharge monitoring and control systems for oil tankers) 15 (Interpretation of MARPOL Annex I Regulation 12A) 16 (Interpretation of MARPOL Annex I Regulation 23) 17 (Application of MARPOL Annex I Regulation 12A upon conversion of a ship) 17 (MARPOL Annex I Record and Forms) 18 (Progress report of the review of MARPOL Annex V) Identification and protection of Special Areas and Particularly Sensitive Sea Areas (Agenda Item 8) Reports of sub-committees (Agenda Item 10) 19 OUTCOME OF BLG (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.) 19 (Carriage of bio-fuel blends) 19 (Carriage of Heavy Grade Oil (HGO) in Antarctic Area) 20 OUTCOME OF DE (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)) 20 External Affairs 16/10/08 4 of 30

5 (Form A (Ships other than oil tankers) and Form B (Oil tankers))) (Appendix II to MAPOL Convention) 21 (Amendments to the Oil Record Book Appendix III to the MARPOL Convention) 21 (Reduction of oil residue (sludge) by heating) 22 (MEPC circular on Supplementary guidelines on approval of bilge and sludge handling systems for compliance with MARPOL Annex I) 22 (MSC/MEPC circular on Blanking of bilge discharge piping systems in port, (subject to MSC s concurrent decision)) 22 (MEPC circular on Amendments to the Revised guidelines for systems handling oily wastes in machinery spaces of ships incorporating guidance notes for an integrated bilge water treatment system (IBTS)) 23 (MEPC circular on Harmonized implementation of the Revised guidelines and specifications for pollution prevention equipment for machinery spaces of ships during the type-approval process) 23 (Bilge oily water separation system utilizing a chemical separation process) 23 (Revoking Unified Interpretation to regulation 12.1 of MARPOL Annex I - Incinerator capacity) 23 OUTCOME OF FSI (MEPC Circular on the Waste Delivery Receipt (WDR) of the Action Plan on Tackling the Inadequacy of Port Reception Facilities) 24 (The MSC-MEPC circular on Unified interpretation of the application of regulations governed by the building contract date, the keel laying date and the delivery date for the requirements of the SOLAS and the MARPOL Conventions (subject to MSC s concurrent decision) Anti-fouling systems for ships (Agenda Item 13) 25 (Guidance on Best Management Practices for Removal of Anti-Fouling Coatings from Ships, including TBT hull paints) Technical Co-operation Sub-programme for the Protection of the Marine Environment (Agenda Item 15) Role of the human element (Agenda Item 16) 25 (Joint MSC-MEPC circular on near-miss reporting) 25 (Next session of joint MSC/MEPC Working Group on Human Element) Formal safety assessment (Agenda Item 17) Development of a guidance document for minimising the risk of ship strikes with cetaceans (Agenda Item 18) 26 (MEPC Circular on guidance document for minimising the risk of ship strikes with cetaceans) Work programme of the Committee and subsidiary bodies (Agenda Item 19) 26 (Marine Environment Protection Committee) 26 External Affairs 16/10/08 5 of 30

6 14. Any other business (Agenda Item 22) Future sessions of the Committee Summary of the decision (list of the finalized instruments) 27 Adoption of Amendments to the MARPOL Convention 27 Adoption of Amendments to the NOx Technical Code 27 Approval of Amendments to the MARPOL Convention 27 Draft text of the other convention 27 MEPC Resolution adopted 27 MSC - MEPC Circulars approved (Subject to concurrence of MSC 85) 28 MEPC Circulars approved 28 Other decisions 28 External Affairs 16/10/08 6 of 30

7 The 58th session of the IMO Marine Environment Protection Committee was held from 6 th to 10 th October, 2008 in London, the United Kingdom. The outcome relevant to the work of Lloyd s Register is summarised below. 1. Harmful aquatic organisms in ballast water (Agenda Item 2) The international convention for the control and management of ship 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, there are 16 States that represent 14.4% of the world merchant shipping tonnage. South Africa France and Liberia having recently ratified the Convention. 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 grants a period of grace for the ships built in 2009 in order to accelerate ratification of the convention. The Committee discussed the following under this agenda item. (Basic and final approval of the ballast water treatment systems) The Committee, following the review of the GESAMP BWWG (Ballast Water Working Group of the Joint Group of Expert on the Scientific Aspects of Marine Environment Protection), granted approval as follows: - Basic approval o TG Ballastcleaner - TG Environmental guard system (Japan)); o Greenship s Ballast Water Management System (the Netherlands) o The Ecochlor Ballast Water Treatment System (Germany) - Final approval o the Electro-Clean System (ESC) (Republic of Korea) o the OceanSaver Ballast Water Management System (Norway) The above approval is still subject to type approval by the flag Administration. Guidelines for ballast water sampling (G2) A couple of delegations expressed concerns about the implication of the ballast water sampling, i.e., ships may be detained by the port authority despite the fact that the ship s ballast water treatment system has been approved by the flag Administration. The argument was that as the type approval of the equipment is based upon the average of the aquatic organism left in the ballast water in accordance with G8 Guideline, this does not guarantee that the specific sample taken from the ship will meet the required standard. The committee agreed that this matter should be raised by the concerned delegations with the FSI sub-committee The Committee finally adopted the Guidelines for ballast water sampling. In this relation, the Committee instructed the BLG Sub-Committee to develop an IMO Circular to provide sampling and analysis guidance to be followed and to give advice on the uniform application of that guidance. External Affairs 16/10/08 7 of 30

8 Approval of revised Guidelines for approval of ballast water management systems (G8) MEPC 56 agreed that Guidelines (G8) should be revised taking into account best practice and lessons learned by the Administrations and the GESAMP-BWWG during the approval of ballast water management systems process to further improve their content and to co-ordinate them with the Procedure (G9). The Committee, at this session adopted the revised guidelines for the Approval of ballast water management systems. MEPC resolution on Information reporting on the type approved ballast water management systems In order to enable the IMO to disseminate information on the type approved ballast water management systems, the Committee adopted an MEPC resolution on the standard format for the use by Administrations in forwarding the type approval information to IMO. (This resolution may be disseminated as a circular). Revision of A.1005 (25) The Convention requires ships built in 2009 or after to meet the D2 standard, i.e. use an approved Ballast Water Treatment system. The IMO, noting the difficulties in meeting this requirement and in order to further promote ratification of the Convention, had adopted Assembly Resolution A.1005 (25), which virtually postponed the requirements for the ships built in The Assembly Resolution requested the Committee to review the application to ships built in The Committee after consideration of the current development of the technology and availability of the products on the market, concluded that granting the periods of grace for ships built in 2010 will not be necessary at this stage. The ballast water review group will be re-established at MEPC 59 to confirm if sufficient technologies will be available. (Lloyd s Register publication on ballast water treatment technology) During the meeting, Lloyd s Register presented a publication Ballast Water Treatment Technology which was appreciated by the delegates. The publication is available at the following URL. (References) The following is the list of the guidelines approved so far. ID MEPC Issued as Title G1 55 MEPC.152(55) GUIDELINES FOR SEDIMENT RECEPTION FACILITIES (G1) G2 58 MEPC.xxx (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 External Affairs 16/10/08 8 of 30

9 (G6) G7 56 MEPC.162(56) GUIDELINES FOR RISK ASSESSMENT UNDER REGULATION A-4 (G 7) G8 58 MEPC.xxx(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) Implication: As there is substantial progress in developing guidelines as well as progress in approving ballast water treatment systems, it is envisaged that the adoption of the G2 sampling guidelines in the counties that have been unable to ratify the convention until all the main guidelines had been adopted, will now be in a position to begin the ratification process. Shipbuilders and shipowners are encouraged to positively consider installation of the ballast water treatment system for ships scheduled to be built in The impact to ship design will be: - space for fitting ballast water treatment system; - required power capacity of the system to be installed ; - design of the ballast piping system Manufacturers will be required to follow G8 & G9 Guidelines in applying for the approval. Application: Once enters into force, this Convention applies to ships engaged on international voyage that carries ballast water onboard the ships. For existing ships (Ships built prior to 1 January 2009), if the ballast capacity is more than 1500 cubic metres, retrofitting of ballast water treatment system will be required. 2. Recycling of ships (Agenda Item 3) IMO has scheduled an International Conference in May 2009 in Hong Kong in order to adopt ship recycling convention. MEPC 58 considered the report of the fourth intersessional meeting of the Working Group on Ship Recycling held in the week before MEPC 58. It produced a clean version of the draft convention on ship recycling for the Committee to conduct an article-byarticle and regulation-by regulation review, with a view to circulating for consideration and adoption by the Diplomatic Conference. External Affairs 16/10/08 9 of 30

10 GENERAL DISCUSSSIONS (Verbal report of the intersessional meeting) The Chairman of the working Group explain the work of the Group, with particular attention to the following points: - State sovereign immunity The Group, after some discussion, agreed that warships should not be subject of the convention as long as they retain their sovereign immunity. However, when they are decommissioned, then they lose their sovereign immunity so that they will be subject of the requirements of the Convention. - Reporting format The article 12.1 requires States to inform IMO of the list of ship recycling facility for dissemination. The Group agreed that such reporting format should be developed as a circular. - Entry into force In general, the Group agreed to incorporate recycling capacity as one of the criteria for the convention entering into force. However, it also noted that there was a need to establish a mechanism for calculating the recycling capacity. - Prior removal of hazardous material The Working Group modified regulations 8, 9 and 11 in order to close possible loopholes - Flag verification Ship Reporting Plan opt out and flag state verification. A new article, 16.6 was introduced which allows parties to adopt the convention but to opt out having responsibility for the Ship Recycling Plan as a national authority. It appears under a reworded Regulation that this responsibility would fall to the flag state at Final Survey. This rewording of (now renumbered to ) met strong opposition, led by IACS and supported by numerous member states, and, after a vote at Plenary, it was placed in square brackets for replacement text. - Implementation mechanism A voluntary audit scheme was introduced. - Reporting The requirements were revised in order to give transparency. - Development of Guidelines The Group was of the view that right after the adoption of the Convention, it would be necessary to work for the development of the necessary guidelines for the implementation. A correspondence Group was formed to make a progress. (Review of the text of the convention prepared by the intersessional Working Group) The Committee reviewed the above text on article by article / Regulation by Regulation basis, and produced the final clean text of the Convention for the adoption at the Conference. MATTERS TO BE FINALIZED AT THE CONFERENCE External Affairs 16/10/08 10 of 30

11 The Committee could not conclude the following issues, which are subject to the final discussion at the conference next year. - Regulation 10 Surveys Verification of the approved ship recycling plan given in Regulation raised concern. By this part of the regulation, it virtually shifts responsibility of approving ship recycling plan from a ship recycling State to a flag Administration. The matter will be further reviewed at the Conference. - Regulation 26 Reporting upon completion. Upon completion of the recycling of a ship, a ship s recycling facility, through the competent authorities, is to notify the flag Administration. However, who is responsible in the recycling state in notifying the flag Administration was not clearly agreed. - Appendix 1 Control of Hazardous Materials With regards to the control of Organotin compounds, the Committee recalled that at its last session, it decided to leave each Administration to decide on the entry into force date of the AFS Convention. Following this decision, the Control measures for Organotin compounds would be revisited at the Conference. - Threshold value There was discussion about the level of threshold values and how these should be presented in the convention, or whether they should be included in the guidelines. The matter was not resolved and will be completed at the Diplomatic Conference. 3. Prevention of air pollution from ships (Agenda Item 4) (Background) As approved by MEPC 57, an intersessional meeting of the Working Group on GHG (Green House Gas) Emissions from Ships was held in Oslo, Norway, from 23 to 27 June The Group had developed measures for the reduction of GHG. The Committee, at this session considered the report of the intersessional meeting and other documents submitted to the Committee. (General discussion) The Committee addressed the issue of controlling the emission of the Green House Gases (GHG). At the opening of the discussion, 42 statements in total were presented. Inter-alia, 24 delegations stated that the issue of global climate change based on the common but differentiated responsibility principle in accordance with the UNFCCC and article 2.2 of the Kyoto Protocol. According to these delegations, the principles laid there should be kept in the discussions at IMO as well. In response to these statements, a delegation explained that Kyoto Protocol principle was based upon the territorial control, rather than nationality. I.e., a company with nationality A but located in country B should be governed by the emission control regime of country B. According to these delegations for this reason, shipping was excluded from the regime under Kyoto Protocol. 13 delegations stated that differentiated responsibility should not be applicable in the IMO, as the IMO is not subsidiary of UNFCCC. The key to the success made by the External Affairs 16/10/08 11 of 30

12 IMO so far, was level playing field principle and no more favourable treatment established in the IMO. The discussion in the Committee was totally solid at the above point. However, the Committee in order to make a progress after lengthy discussion on the terms of reference of the Working Group, finally managed to send a Working Group to discuss the CO2 Design Index and CO2 Operational Index and other proposals relating to the technical aspects of GHG emission control. (CO2 Design Index) This index was re-named as Energy Efficiency Design Index (EEDI). The index was a preliminary draft for the trial and further development. The index applies to new ships. Members are encouraged to carry out trial using this index, and to report the result to the IMO. (CO2 Operational Index) The operational index for the existing ships was renamed as the Energy Efficiency Operational Index (EEOI). The Committee at this session could not finalize the review of this index. The review will be continued through a discussion by a Correspondence Group. (Management tool for all ships Ship efficiency management plan) The Committee, at the Working Group, considered the development of the plan. While the matter is close to the conclusion, it would require further deliberation at the Intersessional Working Group. (Guidance on best practices and other voluntary operational measures) The matter will be further discussed. (Impact to shipping industry in the developing countries) The Committee at its next session will revisit this issue, including possible establishment of an Expert Group. (Application of the requirements) The matter will be revisited at the next session of the Committee. (Market Based Incentives, including CO2 trading) There were lengthy discussions on this issue. Some States insisted on following the principal of CBDR (Common but different responsibility) approach given in the Kyoto protocol, but some did not share the view. The matter will be further discussed at the next session of the Committee. (Intersessional Working Group) The Committee approved to hold an intersessional Working Group from 9 to 13 March 2009, which would primarily discuss technical elements of GHG emissions. 4. Consideration and adoption of amendments to mandatory instruments (DG) (Agenda Item 5) MEPC 58 considered final clean text of the amendments to MARPOL Annex VI and the NOx Technical Code which had been approved by MEPC 57. External Affairs 16/10/08 12 of 30

13 The following is the summary of the discussion that took place in adopting the final text. MARPOL ANNEX VI (Date of entry into force) The Committee agreed that two sessions of MEPC meetings would be required to complete relevant guidelines that are necessary for the implementation of the revised text of the Convention and the Code. Subsequently, it was agreed to revise entry into force date as 1 July Consequently the reduction in the SECA / ECA limit to 1.00% m/m would also so be delayed. (Revised entry dates on the key issues) SOx control Global Currently: 4.5% From entry into force of revised Emission Control Area Currently:1.5% 1 July 2010: 1.00% Annex ( 1 July 2010) 4.50 % 1 January 2012: 3.50% 1 January 2015: 0.10% 1 January 2020: 0.50% ( or 1 January 2025: 0.50% depending of the review of the fuel availability in 2018) NOx control Tier II control 1 January 2011 Tier III control 1 January 2016 (For the details of above requirements, please reefer to LR Report on MEPC 57) (Scope of application - Gas fuelled ship) Regulation 2.14 defines a marine diesel engine (also in the NOx Technical Code ), as operating on liquid or dual fuel. It was requested to clarify whether it would infer that engines which operate under normal service conditions only on a gas fuel are excluded from the regulation 13 requirements. The Committee confirmed that such gas fuelled ships were excluded. The following was added to the Regulation 18.4: Paragraph 5.6, , 8.1,.8.2,9.2, 9.3 and 9.4 of this regulation do not apply to gas fuels such as LNG, Compressed natural gas, or liquefied petroleum gas. The sulphur contents of the gas fuel deliver to the ship specifically for combustion on board that ship shall be provided by the supplier. (Existing engine - verification) The Committee noting that substantial modification of an engine installed on a ship constructed before 1 January 2000 is defined in paragraph of the NOx Technical Code as being any changes in an engine s operating parameters, including changing camshafts, fuel injection systems, air systems, combustion chamber configuration, or timing calibration, agreed when an engine is substantially modified, it is subject to emissions testing to make sure its emissions have not increased compared to the original configuration. The Committee also agreed that this testing should not be necessary for an Approved Method since such a method will be certified to achieve at least the Tier I NOx limits prior to its installation, as specified in Regulation (Criteria and Procedure for Designation of Emission control area) There were discussions on the appendix III to MARPOL Annex VI which provides criteria and procedures for designation of emission control areas. Some members wish to External Affairs 16/10/08 13 of 30

14 simplify the criteria, such as omission of environment impact assessment, while some members requested to further strengthen the criteria by adding evaluation of the availability of the fuel of the required quality in the area and metrological impact. After lengthy discussions, the Committee agreed to keep the criteria as prepared by MEPC 57. (Definition of the fuel) This definition, which was newly introduced into the revised Annex, could be read to include gas fuels (i.e. LNG, CNG or LPG together with other gas fuels). The Committee therefore agreed to exempt certain gas fuels such as LNG, CNG and LPG from those aspects of Regulation 18 which covers bunker delivery notes and MARPOL samples together with the associated supplier controls. (Definition of sulphur) The Committee agreed that referencing ISO Standard should be sufficient. NOX TECHNICAL CODE The correct and full title of the revised Code was Revised NOx Technical Code (2008). This is to distinguish it from the original and any future revised versions. OTHER GUIDELINES AND CIRCULAERS (MEPC Circular on Interim Guidelines for the Application of the Revised NOx Technical Code Tier II certification) The Committee noted the need for Tier II engines to be certified under the revised NOx Technical Code (2008) which would come into force only 6 months prior to the Tier II requirement date. The Drafting Group therefore proposed that a Circular should be issued inviting Parties to use the revised NOx Technical Code prior to its entry into force and to issue Statements of Compliance (corresponding as necessary to the revised EIAPP Cert. format) over that period which, after 1 July 2010, could be re-issued as EIAPP certificates. The Committee, at plenary, approved the decision of the Drafting Group. (Unified Interpretation) The Committee agreed to revoke MEPC/Circ. 473 & MEPC/Circ. 540, and agreed to instruct the BLG Sub-Committee to develop new guidelines. (Discharge criteria of wash water) The Committee responded to the inquiry made by GESAMP. Upon receiving further response from GESAMP, the Committee would decide as appropriate. Until such time, the Committee agreed that current criteria given in MEPC.170 (57) would be valid. (Guidelines for Exhaust Gas Cleaning Systems) The Committee, recalling that at MEPC 57, the specific EGCS alternative provision of regulation 14(4)(b) given in draft amendments to Annex VI was removed and then was moved to a more general equivalents provision in Regulation 4.4, agreed that there was a need to further amend to the Guidelines for Exhaust Gas Cleaning Systems annexed to resolution MEPC.170(57) to reflect amendments. The BLG Sub-Committee was tasked to develop the revised guidelines. It was agreed that the alternative limits for such systems (currently given within the Annex 6.0 g SOx /kwh as the alternative to fuel oil with a sulphur content of 1.5%) External Affairs 16/10/08 14 of 30

15 will henceforth be given in the guidelines. It should been noted that since, in the revised Annex VI, after treatment could be used for both ECA and global compliance, alternatives to all sulphur limit values given in Regulation 14 will be required. The Committee agreed that the matter would be finalized at its next session when GESAMP input available. (Guidelines for certification of Tier III exhaust gas after-treatment equipment) The Committee agreed to task the BLG Sub-Committee to develop a guideline for certification of Tier III exhaust gas after treatment equipment. (Guidelines for the development of a VOC management Plan) The Committee noted that there were concerns over the safety elements of the guideline. The Committee agreed to task the BLG Sub-Committee to review the plan further with a view to reporting back to MEPC 59. OTHER RELEVANT ISSUES (The impact of sulphur limits on ferry operations in Northern Europe) The Committee noted information on the possible impact on Ferry operations in Northern Europe from the proposed MARPOL Annex VI revisions which will require 0.10% sulphur content fuel in Emission Control Areas, but decided not to take any further actions. (Fuel quality) MEPC 57 decided to leave the development of the fuel specification to ISO. The Committee, having received verbal intermediate report from ISO on the progress of the development of the standard, urged ISO to complete the work necessary in a timely manner. (MEPC Circular on Fuel Oil Availability and Quality - Early implementation of the principle of regulation 18.2 of the revised Annex VI) The Committee considered a document submitted under the agenda item 14, which stated that, despite of the effort made at a ship s side, there are chances that the actual bunker fuels delivered onboard the ship may not meet required standard, which could only be found at the sampling by a PSC Official. As the revised MARPOL Annex VI addresses procedure for such occasions, it would be beneficial for governments and industries to allow application of this procedure in advance. The Committee subsequently approved an MEPC circular Fuel Oil Availability and Quality. 5. Interpretations of and amendments to MARPOL and related instruments (Agenda Item 6) (Inadequate manuals for equipment malfunction for oil discharge monitoring and control systems for oil tankers) Although resolution MEPC.108 (49), paragraph 6.1.2, clearly states that discharge of oily water from the cargo tank area into the sea through outlets which are not controlled by the monitoring system is an infringement of the Convention, paragraph 6.11 can lead to the assumption that, if the oil content meter fails, discharges of oil or oily mixtures are allowed. External Affairs 16/10/08 15 of 30

16 It was pointed out that while under paragraph 6.11, entitled Manually operated alternatives in the event of equipment malfunction, the alternative means of obtaining information in the event of a failure in the monitoring system given as oil content meter or sampling system: visual observation of the surface of the water adjacent to the effluent discharge. Although resolution MEPC.108 (49), paragraph 6.1.2, clearly states that discharge of oily water from the cargo tank area into the sea through outlets which are not controlled by the monitoring system is an infringement of the Convention, paragraph 6.11 can lead to the assumption that, if the oil content meter fails, discharges of oil or oily mixtures are allowed. The Committee, noting that this may conflict with Regulation 31, agreed to the member submitted a document at this session of the Committee to bring this matter to the attention of the DE Sub-Committee. (Interpretation of MARPOL Annex I Regulation 12A) The Committee approved the Unified Interpretation proposed by IACS (IACS UI MPC 94), which was subsequently adopted as an IMO Unified Interpretation. The IACS, in its submission, informed IMO stated that IACS Members on ships subject to MARPOL Annex I, regulation 12A, for which the building contract is placed on or after 1 April The following is the technical details of the interpretation. The distance h should be measured from the moulded line of the bottom shell plating at right angle to it (Reg.12A, Fig.1). External Affairs 16/10/08 16 of 30

17 For vessels designed with a skeg, the skeg should not be considered as offering protection for the FO tanks. For the area within skeg's width the distance h should be measured perpendicular to a line parallel to the baseline at the intersection of the skeg and the moulded line of the bottom of the shell plating as indicated in Figure A (Interpretation of MARPOL Annex I Regulation 23) The Committee approved the interpretation proposed by IACS (IACS UI MPC 93), which was subsequently adopted as an IMO Interpretation. In the submission, it was stated that IACS Members will apply this interpretation, unless instructed otherwise by the flag Administration, to ships subject to MARPOL Annex I, regulation 23, for which the building contract is placed on or after 1 April According to the interpretation proposed, the pressure p is to be taken as the maximum static inert gas pressure that is obtained at the discharge side of the non-return device fitted forward of the deck water seal or 5 kpa, whichever is greater. However, p need not be taken more than the maximum tank pressure corresponding to the P/V valve setpoint. (Application of MARPOL Annex I Regulation 12A upon conversion of a ship) The Committee noted that due to the fairly recent surge of demand in converting single hull tankers to various ship types (such as double-hull tankers, bulk carriers, ore carriers, etc.), applicability of various statutory regulations has been a matter of concern. Since MARPOL Annex I Reg. 12A has only been coming into force fairly recently and caused questions on its interpretation among parties concerned, IACS considers that this item needs urgent consideration. The Committee, among three possible interpretations put forward by IACS, concurred in with the following interpretation in view of the fact that after major conversion (regulation ) the ship was treated as a new ship. This interpretation was subsequently adopted as an IMO interpretation External Affairs 16/10/08 17 of 30

18 Regulation 12A should be applied to the entire Bulk/Ore Carrier, i.e. all new and existing fuel oil tanks This means upon conversion from single hull oil tanker to ore/bulk carrier, the structure and piping system of existing fuel tanks may need to be modified, even though that part of the ship is originally not intended to be modified upon during the conversion. Modifications may be providing additional cofferdam to offer double hull protection, or subdividing the existing FOT for compliance through meeting accidental oil fuel outflow performance standard. If original fuel oil capacity is to be maintained, cargo and/or ballast spaces may need to give way for additional fuel oil tanks. (MARPOL Annex I Record and Forms) IACS proposed amendments to Section 5.8 of the Record of construction and Equipment for Oil Tankers (Form B of MARPOL Annex I, Appendix II) in order to give clarity in applying requirements. The Committee shared the view and agreed the proposal in principle. The Committee instructed the Secretariat to incorporate these changes into the proposal on the revision of the form prepared by the DE Sub-Committee and to circulate the revised form in accordance with the amendment procedure for the MARPOL Convention with a view to the final adoption at MEPC 59. (Progress report of the review of MARPOL Annex V) The Committee noted a progress report of the intersessional Correspondence Group on the review of MARPOL Annex V, whose final report will be submitted to MEPC 59. In reviewing the intermediate report of the Correspondence Group, the Committee agreed that - there is a need to further clarify some of the terms. - general prohibition may be considered. The Committee agreed that the matter will be further considered by the Correspondence Group with a view to finalizing the revised text at MEPC Identification and protection of Special Areas and Particularly Sensitive Sea Areas (Agenda Item 8) At the last session of the Committee, having noted information provided by a member on Antarctic area vessel issues, in particular regarding concerns about the increased number and type of vessels operating in the Antarrctic area and a recent incident had included the BLG Sub-Committee s work programme Amendments to MARPOL Annex I on the use and carriage of heavy grade oil on ships in the Antarctic area. The Committee had invited the proposal to the Committee and the BLG Sub-Committee. Currently, the Antarctic area south of 60 degree south latitude is designated as special area under MARPOL Annex I, II and V. MEPC 58 considered the proposal made by environmental NGOs and agreed to establish a joint IMO-ATCM (the Antarctic Treaty Consultative Meeting) Working Group to consider the full range of threats from shipping in the Antarctic area and to identify and develop new measures as necessary, when a need to establish such a group arises. External Affairs 16/10/08 18 of 30

19 7. Reports of sub-committees (Agenda Item 10) OUTCOME OF BLG 12 BLG 12 was held from 4 to 8 February this year. Urgent matters emanating from BLG 12 had been dealt with by MEPC 57. The Committee at this session dealt with non-urgent matters as given below. (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.) The BLG Sub-Committee developed a draft MARPOL Regulation requiring: - 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 applies to ships of 150 gt and over - The requirements do not apply to FPSOs/FSUs. - The reporting requirements apply to a case where such oil transfer occurs in a territorial sea or in an Exclusive Economic Zones of a coast state. - The requirements do not apply in emergency cases, i.e., oil transfer for the purpose of securing the safety of a ship or saving life at sea or combating specific pollution incidents. The draft text of the MARPOL Regulation was reviewed approved by the Committee at this session subject to the final adoption at MEPC 59. At the Committee, 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 15month 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 bracket. Further the Chairman of the Correspondence Group which developed this regulation clarified that an STS transfer plan can be either a stand alone document or a part of the SMS manual. 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. (Carriage of bio-fuel blends) The Committee, while reviewing the report of the BLG Sub-Committee, considered how the organization proceeds with the issue. It was observed that, noting the interim External Affairs 16/10/08 19 of 30

20 measures will expire in mid 2009, the IMO had to move ahead. A proposal was made to allow the ESPH Working Group to discuss this matter further. Views were divided regarding blending at high sea, i.e., during voyages. While some delegations considered that there was a need to develop safety standards for such wide spread of practices, other delegations were of the views that there were no such practices and such practice, if any, should be prohibited. It was agreed that while the ESPH Working Group at its 14 th Session scheduled in October this year would address only shore side blending, the subsequence meetings of the Working Group would address blending during voyages. (Carriage of Heavy Grade Oil (HGO) in Antarctic Area) The Committee instructed the BLG Sub-Committee to report the initial text of amendments to MARPOL Annex I to MEPC 59. OUTCOME OF DE 51 (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: - 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. (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. 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 this session of the Committee, the Committee reviewed and approved MARPOL revised Regulations. The revised regulations are subject to the final adoption at the next session of the Committee. The following views/opinions were expressed at this session were taken into account: - A concern was raised regarding possible conflict between draft Regulation and 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 External Affairs 16/10/08 20 of 30

21 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 it 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 amendment 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 had 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) Having reviewed the report of the DE Sub-Committee, the Committee approved these amendments subject to the final adoption at its next session. 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 proposed by the DE Sub-Committee were made based upon the following: - 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 the Committee, 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 its next session. 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. External Affairs 16/10/08 21 of 30

22 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.). (Reduction of oil residue (sludge) by heating) The Committee noted the practice of reducing oil residue (sludge) by heating. Three questions were raised out of this practice. The first was, the way how to record such reduction in the Oil Record Book, the second, was whether such practice is safe or not, and the third was verification at the PSC. As for the first question, the Committee agreed to that such reduction should be recorded under Code (C) as it is a form of disposal. As for the percentage of the reduction that may be achieved by heating, the Committee agreed task to the DE Sub-Committee to discuss this matter. Concerns over safety aspects of such as well as legitimacy of such heating practice were raised during the discussion, in addition to those expressed in the DE Sub- Committee. The matter will be further discussed at the FP Sub-Committee. (MEPC circular on Supplementary guidelines on approval of bilge and sludge handling systems for compliance with MARPOL Annex I) The DE Sub-Committee had prepared supplementary guidelines on approval of bilge and sludge handling system for compliance with MARPOL Annex I., which was approved by the Committee. Implication: The guidelines will provide clarity in approving the system so that the approval is done in a consistent manner. Application: Primarily to flag Administrations and its Recognized Organizations acting on their behalf (Classification Societies), however, it will also provide guidance for ship builders. (MSC/MEPC circular on Blanking of bilge discharge piping systems in port, (subject to MSC s concurrent decision)) The DE Sub-Committee had considered the IACS comments with concern. IACS had informed the Sub-Committee that in several instances deficiencies were raised by PSC inspectors and other surveyors requiring the ship staff to blank off bilge pumping overboard discharges. In IACS point of view, this is in contravention of SOLAS chapter II- 1, regulation 21, as the bilge pumping arrangement is rendered inoperative and leads to a potentially dangerous situation where the ship is left unable to efficiently and promptly tackle an emergency situation in case of flooding or fire. Subsequently, the Committee approved MSC-MEPC circular for the attention of the PSC Authorities, subject to the concurrence at MSC 85. Implication: This draft circular was prepared with an aim to foster correct understanding of the International Regulation among PSC Officers. Shipowners and ship managers are invited to note the development and to consider providing masters with a copy of the circular in order to avoid any dispute during PSC inspection. External Affairs 16/10/08 22 of 30

23 (MEPC circular on Amendments to the Revised guidelines for systems handling oily wastes in machinery spaces of ships incorporating guidance notes for an integrated bilge water treatment system (IBTS)) In addition to the change required as a consequence of the definition of the terms given above and other changes, the DE Sub-Committee had agreed to change the formula for calculating the size of the oily bilge water holding tank. Engine rating (kw) Current required capacity (m3) Revised (proposed) required capacity (m3) Up to 1, Above 1,000 up to 20, (P 1,000)/1,500 P/250 Above 20, (P 20,000)/1, P/500 P = main engine rating in Kw The Committee approved the proposal made by the DE Sub-Committee. Implication: As a consequence of the change of the formula, generally speaking, a ship will be required to have a larger capacity for oily bilge water holding tank. Application: To the equipment required on ships to which MARPOL Annex I is applied. (Ships which are required to have tanks for oil residues (sludge) by MARPOL Annex I Regulation 12 ships of 400 gt or above). (MEPC circular on Harmonized implementation of the Revised guidelines and specifications for pollution prevention equipment for machinery spaces of ships during the type-approval process) The draft circular had been prepared by the DE Sub-Committee to provide clarity and uniform interpretation in implementing Revised Guidelines for Specification for the Pollution Prevention Equipment for Machinery Space Bilges of ships, which will be applicable to equipment installed on board on or after 1 January The Committee approved the circular. Implication: Manufacturers of such equipment are invited to pay due attention to the development. Application: To the equipment required on ships to which MARPOL Annex I is applied. (Bilge oily water separation system utilizing a chemical separation process) The Committee noted that there are oily water separation systems utilizing chemical separation process. For these separators, the time period of the tests in resolution MEPC.107 (49) is not applicable as it works on a cyclic process rather than continuous flow. Furthermore, other test requirements such as pre-filling the equipment with water and oil prior to the test, sampling times, 2 hour tests, opening of air cocks are not considered applicable or appropriate to this equipment. The Committee agreed a need for developing new standard and invited members to submit a justification for a new work programme. (Revoking Unified Interpretation to regulation 12.1 of MARPOL Annex I - Incinerator capacity) External Affairs 16/10/08 23 of 30

24 The DE Sub-Committee, having agreed the deletion of present UI and not providing minimum incinerator capacity, the Sub-Committee was divided into two opinions, - not to take into account incinerator capacity in considering required capacity of oil residue (sludge) holding tank; - to consider incinerator capacity which will give the possibility for reduction of the oil residue (sludge) tank capacity equal to the size of the incinerator capacity or other oil residue (sludge) reduction equipment. The majority was in favour of the first option. The Committee, having considered the two options given above, agreed with the decision made by the DE Sub-Committee. The Committee noted the implication of revoking the Unified Interpretation, the existing ships and new ships under constructions as well as new ships to which design has already been agreed between the builder and the owner. The Committee therefore, agreed to retain the Interpretation with a specific note that the interpretation is applied to the existing ships only. The Committee agreed that this date should coincide with the entry force date of the revised MARPOL Annex I regulations mentioned above. Implication: As a consequence of the above decision, a ship will be required to have larger oil residue (sludge) holding tank capacity. In addition, there will be fewer incentives in installing shipboard incinerator. Shipbuilders and shipowners are invited to note the above development. It may be worth considering the introduction of new requirements based upon keel lay date only, or incorporate other elements such as contract date not to penalize ships that are already under construction on that date if their design plans are approved on that date, prior to the final adoption. Application: To the equipment required on ships to which MARPOL Annex I is applied. (Ships which require to have tanks for oil residues (sludge) by MARPOL Annex I Regulation 12 ships of 400 gt or above). OUTCOME OF FSI 16 (MEPC Circular on the Waste Delivery Receipt (WDR) of the Action Plan on Tackling the Inadequacy of Port Reception Facilities) The Committee approved the circular with some modification on the term Waste as generated from during the normal operation of a ship. (The MSC-MEPC circular on Unified interpretation of the application of regulations governed by the building contract date, the keel laying date and the delivery date for the requirements of the SOLAS and the MARPOL Conventions (subject to MSC s concurrent decision) The Committee, subject to the concurrence of MSC 85, approved an MSC-MEPC circular on the Unified Interpretation of the application of regulation. This circular addresses the application of regulation in case building contract is place for a series of ships with an option clause. It states as follows: 1. the option for construction of the optional ship(s) is ultimately exercised within the period of one year after the date of the original building contract for the series of ships; and External Affairs 16/10/08 24 of 30

25 2. the optional ships are of the same design plans and constructed by the same shipbuilder as that for the series of ships. The following applies in conjunction with the above interpretation on the series of contract. 1. if a building contract signing date occurs on or after the contract date specified for a particular set of regulation amendments, then, that set of regulation amendments applies; 2. only in the absence of a building contract does the keel laying date criteria apply and, if a ship s keel laying date occurs on or after the keel laying date specified for a particular set of regulation amendments, then, that set of regulation amendments applies; and 3. regardless of the building contract signing date or keel laying date, if a ship s delivery date occurs on or after the delivery date specified for a particular set of regulation amendments, then, that set of regulation amendments applies except in the case where the Administration has accepted that the delivery of the ships was delayed due to unforeseen circumstances beyond the control of the shipbuilder and the owner*. *** * Refer to Unified Interpretation of Unforeseen delay in the delivery of ships (MSC.1/Circ.1247 and MARPOL Annex I, Unified Interpretation 4). 8. Anti-fouling systems for ships (Agenda Item 13) The conditions for entry into force of the AFS Convention have been met and the instrument will enter into force on 17 September To date, 35 States had ratified the Convention, representing about 62.69% of the world s merchant shipping. The Committee agreed to encourage States which not ratified so, to ratify the convention at the earliest opportunity. (Guidance on Best Management Practices for Removal of Anti-Fouling Coatings from Ships, including TBT hull paints) The Sub-Committee noted the information provided by a member State and invited that Consultative Meeting of Contracting Parties to the London Convention and Protocol to provide final version of the text to MEPC Technical Co-operation Sub-programme for the Protection of the Marine Environment (Agenda Item 15) The Committee noted information on the various environment related Technical Cooperation activities. At present, the IMO s Technical Co-operation activities are limited to organizing workshops. 10. Role of the human element (Agenda Item 16) (Joint MSC-MEPC circular on near-miss reporting) The Committee, having reviewed the report of the Joint MSC-MEPC Working Group on Human Element met during MSC 84, approved MSC-MEPC.7/Circ. 7 on Guidance on near-miss reporting. External Affairs 16/10/08 25 of 30

26 (Next session of joint MSC/MEPC Working Group on Human Element) The next secession of the Group will be held during MEPC 59, which will address draft amendments to the Revised Guidelines on Implementation of the ISM Code, which a view to final adoption at 26 th Session of Assembly. 11. Formal safety assessment (Agenda Item 17) At MEPC 56, it was noted that one matter that needed consideration within the context of the Formal Safety Assessment Guidelines relevant to its work was the draft environmental Risk Evaluation Criteria. Currently, the work is in progress through the Correspondence Group Established by the Committee. The following is the key issues that require further consideration: - Severity Index in the Hazid step - Cost of averting a spill (CATS) or alternative criterion would offer the needed decision-making quality - Acceptance boundaries of ALARP region slope of F-N diagram and what is the variable of horizontal axis. The Committee noted that there is still a lot of work to be done prior to MEPC 59. The Committee agreed to reconvene the Correspondence Group and to retain this agenda for MEPC Development of a guidance document for minimising the risk of ship strikes with cetaceans (Agenda Item 18) (MEPC Circular on guidance document for minimising the risk of ship strikes with cetaceans) The Committee using a proposal submitted at this session as a basis of the work, developed an interim guidance document for minimising the risk of ships strikes with cetaceans, as an MEPC Circular. The guideline will be further discussed at the next session of the Committee. 13. Work programme of the Committee and subsidiary bodies (Agenda Item 19) (Marine Environment Protection Committee) A new work programme on Noise from commercial shipping and its adverse impact on marine life was added to the work programme of the Committee, with target completion in 4 sessions. 14. Any other business (Agenda Item 22) Discussion on documents submitted under this agenda item was post postponed to MECP Future sessions of the Committee MEPC 59 is scheduled from 13 th to 17 th July External Affairs 16/10/08 26 of 30

27 MEPC 60 is scheduled in March MEPC 61 is scheduled in October Summary of the decision (list of the finalized instruments) Adoption of Amendments to the MARPOL Convention Regulation Title Approval Adoption Entry into force Entire Annex VI Regulations for the Prevention of Air Pollution from Ships Done at MEPC 57 MEPC 58 1 July2010 Adoption of Amendments to the NOx Technical Code Regulation Title Approval Adoption Entry into force Entire Code Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines Done at MEPC 57 MEPC 58 1 July2010 Ref. (Section) 4 Ref. (Section) 4 Approval of Amendments to the MARPOL Convention Regulation Title/Contents Approval Adoption Entry into force 40, 41 and 42 1, 12, 13, 17 and 38 Appendix II Appendix III Prevention of pollution during transfer of oil cargo between oil tankers at sea Definition (Oil residue (sludge), Oil residue (sludge) tanks, Oily bilge water, Oily bilge water holding tanks etc)) MEPC 58 MEPC 59 TBD 7 MEPC 58 MEPC 59 TBD 7 Ref. (Section) Record and forms MEPC 58 MEPC 59 TBD 5 & 7 Oil Record Book MEPC 58 MEPC 59 TBD 7 Draft text of the other convention Title Approval Adoption Entry into force Draft International Convention for the Safe and Environmentally Sound Recycling of Ships MEPC 58 Conference in May 2009 Up to ratification Ref. (Section) 2 MEPC Resolution adopted Title Effective date Guidelines for ballast water sampling ASAP 1 The revised Guidelines for approval of ballast water Not management systems (G8)) specified 1 Information reporting on type approved ballast water Immediately 1 Ref. (Section) External Affairs 16/10/08 27 of 30

28 management systems* Interpretation of MARPOL Annex I Regulation 12A Interpretation of MARPOL Annex I Regulation 23 Interpretation on Application of MARPOL Annex I Regulation 12A upon conversion of a ship Unified Interpretation to regulation 12.1 of MARPOL Annex I - Incinerator capacity * may be circulated as an MEPC Circular To be announced To be announced To be announced TBD 7 MSC - MEPC Circulars approved (Subject to concurrence of MSC 85) Title Unified interpretation of the application of regulations governed by the building contract date, the keel laying date and the delivery date for the requirements of the SOLAS and the MARPOL Conventions (subject to MSC s concurrent decision) MEPC Circulars approved Title Effective date Not specified 7 Effective date Interim Guidelines for the Application of the Revised NOx Technical Code 2008 Not specified 4 Fuel Oil Availability and Quality Not specified 4 Supplementary guidelines on approval of bilge and sludge handling systems for compliance with MARPOL Annex I Not specified 7 Blanking of bilge discharge piping systems in port, (subject to MSC s concurrent decision Not specified 7 Amendments to the Revised guidelines for systems handling oily wastes in machinery spaces of ships incorporating guidance notes for an integrated bilge water treatment system (IBTS)) Not specified 7 Harmonized implementation of the Revised guidelines and specifications for pollution prevention equipment for machinery spaces of ships during the type-approval process MEPC Circular on the Waste Delivery Receipt (WDR) of the Action Plan on Tackling the Inadequacy of Port Reception Facilities Not specified 7 Not specified 7 Other decisions Title Agreed Effective date Energy Efficiency Design Index (EEDI) MEPC 58 N/A 3 Ref. (Section) Ref. (Section) Ref. (Section) External Affairs 16/10/08 28 of 30

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30 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) external-affairs@lr.org Lloyd s Register Tel: + 44 (0) Fax: + 44 (0) emea@lr.org 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: asia@lr.org Tel: Fax: americas@lr.org External Affairs 16/10/08 30 of 30