BRIEFING TO THE SELECT COMMITTEE ON ECONOMIC AND

BRIEFING TO THE SELECT COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT INTERNATIONAL CONVENTION ON PREVENTION OF POLLUTION FROM SHIPS MARPOL 73/78 16 SEPTEMBER 2014 1

CONTENTS • • • Background on Marpol Overview of the Convention Annex iv Annex vi Obligations Current Legislative Framework Consultations Other Implications Recommendations 2

BACKGROUND OF MARPOL 73/78 • Marpol 73/78 was adopted under the auspices of International Maritime Organisation (IMO ) a UN specialised agency that deals with maritime security, safety and marine environment protection • Its stated objective is to “ preserve the marine environment through the complete elimination of pollution by oil and other harmful substances and minimasation of accidental discharge of such substances” • SA acceded to Marpol 73/78 in 1984 and is party to all other annexes except annex iv and vi to complete the Marpol 73/78 annexures.

OVERVIEW MARPOL 73/78 • The convention is divided into six annexures: • Annex I: Regulations for the prevention of pollution by oil • Annex II: Regulation for the control of pollution by noxious liquid substance in bulk • Annex III: Regulation for the prevention of pollution by harmful substances carried in a packaged form • Annex IV: Regulation for Prevention of Pollution by Sewage from Ships • Annex V: Regulation for the control of pollution by garbage from Ships • Annex VI: Regulation from prevention of Air pollution from Ships

ANNEX IV DISCHARGE OF SEWAGE FROM SHIPS • “Sewage” Sewage" means: drainage and other wastes from any form of toilets and urinals; drainage from medical premises (dispensary, sick bay, etc. ) via wash basins, wash tubs and scuppers located in such premises; drainage from spaces containing living animals; or other waste waters. • Annex iv deals with discharge of sewage into the sea, ships equipment and systems for the control of sewage discharge, the provision of facilities at ports terminals for the reception of sewage, and requirements for survey and certification • It is estimated that large ships that carry 500, 000 passengers can discharge about 100, 000 litres of sewage per day. • The environmental problems associated with sewage from ships include the introduction of nutrients causing algal blooms and reduced oxygen levels which can pose a serious health risk to people who come into contact with polluted water during recreational activities.

ANNEX VI PREVENTION OF POLLUTION BY AIR FROM SHIPS • Annex vi sets the limits on sulphur oxide (Sox) and nitrogen oxide (Nox) emissions from ships exhaust system • It also prohibits deliberate emissions of ozone depleting substances • The Annex further allows for an Emission Control Area to be designated for sulphur oxide (Sox) and nitrogen oxide (Nox), and other types of greenhouse emissions from ships • In general Annex vi applies to all ships of 400 Gross Tonnage and above and to all fixed and floating drifting rigs and other platforms

ANNEX VI PREVENTION OF POLLUTION BY AIR FROM SHIPS • Annexure Vi consists of a set of requirements for survey and issuance of International Air Pollution Certificate and regulations regarding: o Ozone depleting substances from regulating plants' and fire fighting equipment o Nitrogen ( Nox) from diesel engines o Sulphur Oxides (Sox) from diesel engine o Volatile organic compound Emissions from cargo tankers of oil tankers o Shipboard Incantations

CURRENT LEGISLATIVE FRAMEWORK • Currently in SA the discharge of sewage from commercial vessels is one of the few areas related to shipping where there are currently no enforceable international standards • Marine Pollution Prevention Act is the current legislation that regulates marine pollution • The role of the Department of Transport is responsible for prevention of pollution from ships and Department of Environment is responsible for combatting • SAMSA as the implementing agency have the right to enforce the legislation

OBLIGATIONS AS PER THE CONVENTION • Flag State: The country where a ship is registered is responsible for certifying the ships compliance with Marpol Prevention standards • Coastal State: South Africa as a signatory nation is responsible for enacting domestic legislation to implement the Convention and effectively pledges to comply with the convention, annex and related laws of other nations • Administration: Administration should undertake surveys when conducting Port State Control to request a certificate of compliance • The Government of each Party to the Convention, which requires ships operating waters under its jurisdiction and visiting ships while in its waters to comply with the requirements of regulation of the Convention undertakes to ensure provision of facilities at ports and terminals of the reception of sewage without causing delay to ships, adequate to meet the needs of the ship using them.

OBLIGATIONS TO SOUTH AFRICA Current arrangements to deal with Prevention of Pollution from Ships Ø Transnet National Ports Authority provides reception facilities for sewage at the ports Ø SAMSA when conducting Port State Control they ensure that ships comply with requirements of the Convention Ø SAMSA can also detain a ship for non-compliance • Under the convention SA’s responsibilities: Ø To ensure that its vessels comply with the technical standards set by MARPOL 73/78 Ø To ensure that periodic survey and inspections of vessels are carried out Ø To issue certificates of compliance to annex iv and vi requirements

CONSULTATIONS • South African Maritime Authority (SAMSA), ASABOSA-ASL, South African Petroleum Industry, Transnet Ports Authority; Department of Environmental Affairs • All the stakeholders support the accession to Annex IV and VI • The Chief State Law Advisers from DIRCO and Department of Justice scrutinised the Annexures and have confirmed that Annex IV and VI are consistent with the domestic and international laws

OTHER IMPLICATIONS • Financial implications: Convention add new responsibilities to the SAMSA Surveyors when they perform their PSC Function. • Communication implications: The State will deposit the instrument of accession with Secretary-General IMO after parliamentary approval. • Security Implications: The Law enforcement Agencies will assist in the case of any criminal activities that might occur when this function is carried Implementation Plan • – SAMSA will enforce the provisions of the Convention – The Transnet Ports Authority will ensure adequate reception facilities and carry out periodic survey • Parliamentary Procedure: The convention will be dealt in accordance with the provisions of Section 231 (2) and Parliamentary approval will be sought thereto. • Legislative Framework: Marine ( Prevention of Pollution from Ships) 1986 will be amended to accommodate the requirements of Annex iv and vi

RECOMMENDATIONS It is recommended that the Select Committee on Economic and Business Development : • Notes South Africa’s intention to accede to MARPOL Annexure IV and VI • Approves submission of MARPOL Annexure IV and VI for tabling in Parliament.

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