Recent 2022 Environmental, Social and Governance (ESG) Initiatives in Shipping (Part 2): Strategy to Address Marine Plastic Litter from Ships

This is the second article from IMSML (ie IMSML Website Article 2/2022) on Malaysia Shipping Notice 02/2022 titled ‘Resolutions Adopted by the 77th Session of the Marine Environment Protection Committee (MEPC 77)’ issued by the Marine Department of Malaysia on 7 April 2022. This article deals with the second of 3 important International Maritime Organisation (IMO) resolutions that Malaysian shipping should pay attention to. The first article last week, dealt with the new 2021 Guidelines for Exhaust Gas Cleaning Systems ( see Resolution MEPC.340 (77) ). This second article concerns the fresh Strategy to Address Marine Plastic Litter from Ships ( see Resolution MEPC.341(77) ).

Strategy to Address Marine Plastic Litter from Ships

Through Resolution MEPC.341(77), the Marine Environment Protection Committee (MEPC) addressed marine plastic litter by relying on Article 38(e) of the Convention on the International Maritime Organisation (IMO). This is an initiative to prevent garbage from ships pursuant to MARPOL Annex V. This resolution builds on the earlier work in the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 and its 1996 Protocol, including the adoption in 2016 of a ‘Recommendation to Encourage Action to Combat Marine Litter’. Globally, this is part of a larger coordinated effort in line with the  United Nations 2030 Agenda for Sustainable Development, in particular Sustainable Development Goal (SDG) 14: Conserve and sustainably use the oceans, seas and marine resources for sustainable development. Resolution MEPC.341(77) is a follow-up to the urgency recognised in an earlier Resolution MEPC.310(73). Resolution MEPC.341(77) is IMO’s commitment to the reduction of marine plastic litter entering the marine environment from all ships, including fishing vessels.

Resolution MEPC.341(77) is built on the implementation of Action Plans, the details of which can be found in Annex 1. Whilst subsequent follow-up actions are strategised in Annex 2. The main objective of the IMO initiative is to prevent generation of plastic litter and its contribution to marine pollution. In addition to ships, the initiative also applies to ports and its facilities (see Section 3.2.1 - 3.2.3). As part of this strategy, IMO also envisages using public awareness, education, and seafarer training to understand how marine plastic litter is generated and how the regulatory framework is intended to work (see Section 3.2.4 - 3.2.6). As part of this wholistic approach, IMO also identifies strengthening international cooperation, targeting technical cooperation and capacity-building (see Section 3.2.7 - 3.2.8).

There are 3 different time frames identified for the Action Plans. First, short term actions can be initiated through various sub-committees (see Section 4.1.1). Second, mid-term actions can be achieved via research and studies on marine plastic litter (see Section 4.1.2). Third, long term action that have to be put through Committees, or carried out over the life of the Action plan (see Section 4.1.3 - 4.1.4). The details of what these short, mid and long terms are can be found in Annex 1. (see Section 4.2) The review and evaluation process should be carried out or be in progress by 2025, and its details are set out in Annex 2 (see Section 4.3).

Examples of short-term actions under Annex 1 include: [1] Garbage management plans and record keeping; [2] Preparation of enforcement  of Port State Control via MARPOL Annex V on fishing vessels; [3] Compulsory system of declaration of loss of containers; [4] Public awareness programmes on marine plastic litter;  [5] Awareness training for the fishing industry; [6] Extended reporting under Regulation 10.6 of MARPOL Annex V fishing gear that is lost; [7] Marine scientific studies on the impact of macro and micro plastics; [8] Gap analysis of the various regulatory frameworks; [9] Sharing information with the United Nations Environment Assembly (UNEA) and working with the Global Partnership on Marine Litter (GPML).

Examples of mid-term actions under Annex 1 include: [1] Mandatory marking of fishing gear with IMO Ship identification number (to ensure traceability of lost fishing nets); [2] Logging of identity number for each fishing gear on a fishing vessel (presumably with the aid of some sort of database); [3] Incentive mechanism to encourage retrieval of derelict fishing gear and to deliver it to the relevant port reception facilities; [4] Tools to support such reception facilities; [5] Sharing waste management plans with the Global Integrated Shipping Information System (GISIS).

Examples of Long-terms actions include: [1] Technical cooperation and capacity-building activities to address Marine Plastic Litter from ships; [2] Ratify the the Cape Town Agreement. Note that this is a 2012 Agreement that has the objective of combating illegal fishing (that happens via illegal catches or under reporting catches) and also save lives by emphasising the use of proper safety equipment which is usually lacking on illegal fishing boats. The official name for this convention is the “2012 Cape Town Agreement on the Implementation of of Provisions of the 1993 Torremolinos Protocol Relating to the 1977 International Convention for the Safety of Fishing Vessels”. It was adopted in Cape Town, South Africa on 11 October 2012.

IMO recognises that marine plastic litter can be particularly devastating on small island developing States and remote regions (eg polar regions) and has made this a priority when dealing with land based discharge facilities (see Section 5.1). On going development of a system of assessment of compliance as well as effectiveness of actions should be prioritised (see Section 5.3). A review of the Action Plans will take place in 2023 (see Section 6.2) and an overall comprehensive review of strategy will occur in 2025 (see Section 6.1).

Next IMSML Website Article No.3/2022

Recent 2022 Environmental, Social and Governance (ESG) Initiatives in Shipping (Part 3): Initiatives aimed at Protecting the Artic from Shipping Black Carbon Emissions (see Resolution MEPC.342(77) ).

Signing-off for today,

Dr Irwin Ooi Ui Joo, LL.B(Hons.); LL.M (Cardiff); Ph.D (Cardiff); CMILT

Professor of Maritime and Transport Law

Head of the Centre for Advocacy and Dispute Resolution

Faculty of Law

Universiti Teknologi MARA Shah Alam

Selangor, Malaysia

Wednesday, 28 September 2022

Note that I am the corresponding author for the IMSML Website Articles. My official email address is: uijoo310@uitm.edu.my