Captain J. Ashley Roach, JAGC, USN (retired) Visiting Senior Principal Research Fellow Centre for International Law NUS Singapore Office of the Legal Adviser U.S. Department of State (retired) GHG Workshop Session 1-13 November 2018
Preview IMO and Air Emissions from Ships Early Instruments on Air Pollution from Ships LOS Convention Ozone Layer treaties Agenda 21 Evolution of MARPOL Annex VI IMO and Air Emissions MEPC 73 UNFCCC, Paris Agreement and GHG Background Papers Resources 2
IMO and Air Emissions from Ships IMO has for a long time been addressing the reduction of emissions from ships of various air pollutants To provide a full picture of IMO s efforts to address air pollution from ships, this presentation summarizes IMO s efforts to address various forms of air pollution from ships Details of the IMO s efforts are detailed in two background papers that have been made available online to all workshop participants The remainder of the workshop will focus exclusively on GHG 3
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LOS Convention,1982 Article 212: Pollution from or through the atmosphere 1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from or through the atmosphere, applicable to the air space under their sovereignty and to vessels flying their flag or vessels or aircraft of their registry, taking into account internationally agreed rules, standards and recommended practices and procedures and the safety of air navigation. 2. States shall take other measures as may be necessary to prevent, reduce and control such pollution. 3. States, acting especially through competent international organizations or diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control such pollution. 5
LOS Convention,1982 (2) Article 222, Enforcement with respect to pollution from or through the atmosphere States shall enforce, within the air space under their sovereignty or with regard to vessels flying their flag or vessels or aircraft of their registry, their laws and regulations adopted in accordance with article 212, paragraph 1, and with other provisions of this Convention and shall adopt laws and regulations and take other measures necessary to implement applicable international rules and standards established through competent international organizations or diplomatic conference to prevent, reduce and control pollution of the marine environment from or through the atmosphere, in conformity with all relevant international rules and standards concerning the safety of air navigation. 6
LOS Convention,1982 (3) Article 1.1(4): "pollution of the marine environment" means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities 168 parties <www.un.org/depts/los> 7
Other Early Air Pollution Instruments Vienna Convention for the Protection of the Ozone Layer, Vienna, 22 March 1985, entered into force 22 September 1988, 1513 UNTS 292. 197 parties Does not address specific substances Montreal Protocol on Substances that Deplete the Ozone Layer, Montreal, 16 September 1987, entered into force 1 January 1989, 1522 UNTS 3, 197 parties addresses stratospheric ozone layer depletion by CFCs, halons, HCFCs <http://ozone.unep.org/> 8
Agenda 21 UN Conference on Environment & Development, Rio de Janerio, Brazil, 1992, Agenda 21, Chapter 17, Protection of the oceans, all kinds of seas, including enclosed and semi-enclosed seas, and coastal areas and the protection, rational use and development of their living resources, para 17.30.a.xi: States should assess the need for additional measures to address degradation of the marine environment from shipping, by supporting the ongoing activity within IMO regarding development of appropriate measures for reducing air pollution from ships <https://sustainabledevelopment.un.org/content/documents/agenda21.pdf> 9
Evolution of MARPOL Annex VI (1) IMO has adopted regulations addressing air emissions from ships many times since initial consideration in 1980s Articles 212 and 222 of the LOS Convention require the IMO to establish global and regional rules, standards and recommended practices and procedure to prevent, reduce and control pollution of the marine environment from or through the atmosphere Pursuant to these authorities, in 1997 IMO adopted Protocol of 1997 adding Annex VI to MARPOL addressing Ozone depleting substances (Reg. 12) (CFCs, HCFCs, halon) Nitrogen oxides (NOx) (Reg. 13) (nitric oxide (NO), nitrogen dioxide (NO2)) Sulphur oxides (SOx) (Reg. 14) (Sulphur dioxide (SO2)) Volatile organic compounds (VOCs) (Reg. 15) (from fuel oil) Shipboard incineration (Reg. 16) Reception facilities (Reg. 17) Fuel oil availability and quality (Reg. 18) Entered into force 19 May 2005 via the express acceptance procedure Now has 91 parties representing 96.62% world s merchant ships by tonnage In Southeast Asia, the following States are party: Indonesia, Malaysia, Philippines, Singapore, and Vietnam, as well as China, Japan and Republic of Korea in East Asia 10
Evolution of MARPOL Annex VI (2) MARPOL Annex VI has been amended by the tacit acceptance procedure 15 times between 2005 and 2018 The amendments are listed in the History Those relevant to reduction of air emissions were in 2011: New Chapter IV, Regulations on Energy Efficiency for Ships 2016: Data Collection System for Fuel Consumption of Ships 2018: EEDI for Ro-Ro Cargo Ships and Passenger Ships 11
IMO and Air Emissions Until MEPC 61 (2010) considered air emissions under a single agenda item: Prevention of air pollution from ships Since 2010 MEPC has been considering reducing air emissions under three separate agenda items: Air pollution and energy efficiency Further technical and operational measures for enhancing the energy efficiency of international shipping (added in 2013 by MEPC 66) Reduction of GHG emissions from ships Action on first two agenda items since 2011 summarized in next three slides At MEPC 72, April 2018, adopted initial strategy for GHG reduction (summary in later slide; details in later sessions) Revised strategy to be adopted in 2023 12
Technical and Operational Measures In accordance with MEPC 55 work plan (October 2006), MEPC 59 (July 2009) agreed to develop a package of technical and operational measures to improve energy efficiency and reduce GHG emissions from international shipping: Energy Efficiency Design Index for new ships (EEDI), Ship Energy Efficiency Management Plan (SEEMP) and Energy Efficiency Operational Indicator (EEOI) These measures were adopted as amendments to Annex VI in 2011 by MEPC.203(62), July 2011 13
EEDI and SEEMP Energy Efficiency Design Index (EEDI) for new ships Ship Energy Efficiency Management Plan (SEEMP) for all ships Both mandatory from 1 January 2013 First legally binding climate change treaty adopted since Kyoto Protocol Performance-based mechanism for designing more energy efficient (less polluting) equipment and engines Index to be tightened every 5 years Ship specific More information at https://www.marpol-annex-vi.com/eedi-seemp 14
Data Collection System Fuel Consumption Adopted 20 October 2016 by MEPC.278(70) From 2019 all ships required to report to IMO annually data on fuel consumption via flag State or RO Enhance actual energy efficiency Guidelines for administration verification of ship fuel oil consumption data adopted by resolution MEPC.292(71) (July 2017) IMO Ship Fuel Consumption Database is new module within GISIS (MEPC.293(71)) and MEPC.1/Circ.871 But not well populated (MEPC.73/WP.1 para 6.3) 15
2012 Guidelines MEPC 63 (March 2012) adopted four guidelines aimed at assisting implementation of mandatory regulations on Energy Efficiency for Ships: method of calculation of the attained Energy Efficiency Design Index (EEDI) for new ships (resolution MEPC.212(63)) development of a Ship Energy Efficiency Management Plan (SEEMP) (resolution MEPC.213(63)) survey and certification of the Energy Efficiency Design Index (EEDI) (resolution MEPC.214(63)) calculation of reference lines for use with the Energy Efficiency Design Index (EEDI) (resolution MEPC.215(63)) Updated work plan for those ships not covered by the current EEDI regulations was also agreed at MEPC 63 16
Contents IMO Strategy GHG Reduction Points Vision Aims at phasing out GHG emissions as soon as possible this century Level of ambition Guiding principle List of candidate measures Support for implementation Reduce CO2 emissions per transport work by at least 40% by 2030, pursuing efforts toward 70% by 2050, compared to 2008 Reduce total annual GHG emissions by at least 50% by 2050 compared to 2008, pursuing efforts to phase them out as called for in Vision Require all ships to give full and complete effect, regardless of flag, for implementing mandatory measures Need to be cognizant of both non-discrimination principle enshrined in IMO conventions and CBDR+RC principle enshrined in UNFCCC [Short-term measures] [mid-term measures] [long-term measures] Improve design of ships Develop a market-based measure Introduce zero-carbon Improve operation of ships Introduce low-carbon alt. fuel alternative fuel Continue to provide mechanisms for facilitating information sharing, technology transfer, capacity-building and technical co-operation Periodic review Subject to a review every 5 years, taking into account development of technology and implementation of status of measures 17
MEPC 73 Three weeks ago MEPC 73 considered several issues associated with Annex VI and IMO s air emissions reduction strategy: Feasibility of meeting the 2020 global 0.50% limit sulphur content, including supply/availability, fuel oil quality and safety Agreed to further steps on further technical and operational measures Details are summarized in the Addendum to the History 18
UNFCC and GHG UN Framework Convention on Climate Change, New York 9 May 1992, entered into force 21 March 1994, 1771 UNTS 107 (UNFCCC) 197 parties, <https://unfccc.int> UNFCC defined GHG as those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation (article 1.5) Emissions defined in article 1.4 as the release of greenhouse gases and/or their precursors into the atmosphere over a specified area and period of time Ultimate objective of the UNFCCC and any related legal instruments is stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system (Article 2) In 1997 UNFCCC COP adopted Kyoto Protocol Article 2.2 of which required 37 industrialized countries and the EC to pursue limitation or reduction of emissions of GHG from marine bunker fuels through the IMO Paris Agreement, adopted December 2015 under UNFCCC, did not address reduction of GHG emissions from shipping since IMO, as the regulatory body for the industry, is committed to reducing greenhouse gas emissions from international shipping 19
Background Papers As mentioned, more detailed background paper on the history of IMO and air emissions from shipping, and addendum on the results of MEPC 73, have been made available on the CIL workshop webpage 20
Other Resources Current text MARPOL Annex VI First Schedule to S134/2005, Prevention of Pollution of the Sea Act (Chapter 243) Prevention of Pollution of the Sea (Air) Regulations 2005, at <https://www.mpa.gov.sg/web/wcm/connect/www/cc260e86-6beb-49ae-bb99-3fbc0b61c67b/03_09_prevention_of_pollution_of_the_sea_air_regulations_2005.pdf?mod= AJPERES> IMO websites: <http://www.imo.org/en/ourwork/environment/pollutionprevention/airpollution/pages/default.as px> <http://www.imo.org/en/ourwork/environment/pollutionprevention/airpollution/pages/air- Pollution.aspx> <http://www.imo.org/en/ourwork/environment/pollutionprevention/airpollution/pages/technicaland-operational-measures.aspx> <http://www.imo.org/en/ourwork/environment/pollutionprevention/airpollution/pages/data- Collection-System.aspx> 21
More Resources <http://www.imo.org/en/ourwork/environment/pollutionprevention/airpollution/pages/technic al-co-operation.aspx> <http://www.imo.org/en/ourwork/environment/pollutionprevention/airpollution/pages/ghg- Emissions.aspx> <http://www.imo.org/en/mediacentre/hottopics/pages/sulphur-2020.aspx> Aoife O Leary and Jennifer Brown, The Legal Bases for IMO Climate Measures, Environmental Defense Fund and Sabin Center for Climate Change Law, Columbia Law School (June 2018), <http://columbiaclimatelaw.com/files/2018/06/oleary-and-brown-2018-06-imo-climate-measures.pdf> 22
Thank you for your attention. Hold questions until after other panelists have spoken jashleyr@yahoo.com 23