IMO: Plain sailing

As an agency of the United Nations, the International Maritime Organisation (IMO) is tasked with observing and promoting the implementation of the UN Sustainable Development Goals, with specific reference to the marine environment. As a result, much of the current work of the IMO Marine Environment Protection Committee (MEPC) revolves around the adoption of measures to enhance the protection of the world’s oceans.

Over the past decades, much of that effort has been concentrated on preventing atmospheric pollution from ships, especially near to  land and in port, and that programme is continuing, with successive targets for limiting emissions of greenhouse gases and other exhaust emissions. That process marked a step away from MEPC’s traditional role in protecting the world’s oceans from pollution from cargo spills, tank washings and other noxious substances.

More recently, the focus has swung back to the water, with a higher priority being placed on preventing the inadvertent pollution of the seas by plastics materials, either jetsam such as discarded fishing nets and other plastics garbage, or flotsam in the form of cargo lost overboard, including plastics pellets.

One of the significant agenda items for MEPC’s 81st session, which took place in London this past 18 to 24 March, was to approve the Recommendations for the carriage of plastic pellets by sea in freight

containers, developed by the Sub-committees on Pollution Prevention and Response (PPR) and Carriage of Cargoes and Containers (CCC). A circular, MEPC.1/Circ.909, was adopted, which will act as a short-term measure to reduce the environmental risks associated with the carriage of plastic pellets in packaged form by sea while mandatory instruments are being developed.

The Recommendations developed by PPR and CCC are quite broad in nature, comprising three basic tenets:

• Plastic pellets should be packed in good quality packaging which should be strong enough to withstand the shocks and loadings normally encountered during transport. Packaging should be constructed and closed to prevent any loss of contents which may be caused under normal conditions of transport, by vibration or acceleration forces.
• Transport information should clearly identify those freight containers containing plastic pellets. In addition, the shipper should supplement the cargo information with a special stowage request requiring proper stowage.
• Freight containers containing plastic pellets should be properly stowed and secured to minimise the hazards to the marine environment without impairing the safety of the ship and persons on board. Specifically, they should be stowed under deck wherever reasonably practicable, or inboard in sheltered areas of exposed decks.

PICK IT UP, TAKE IT HOME

It was an indication of the importance attached to the topic of plastics pollution that MEPC went ahead with its approval, despite the fact that PPR’s 11th session, where the Circular was finally agreed, took place only three weeks prior to the MEPC session; all other matters from that PPR meeting, which come under the broader Action Plan to Address Marine Plastic Litter from Ships, have been held over for discussion at MEPC’s 82nd session later this year.

There were, though, other matters relating to marine litter that were discussed. In particular, MEPC adopted amendments to article V of Protocol 1 of the International Convention for the Prevention of Pollution from Ships (Marpol), which contains provisions concerning reports on incidents involving harmful substances, to add a new requirement for reporting lost containers. Containers lost overboard can be a serious hazard to navigation and safety at sea as well as to the marine environment.

The amendment will add a new paragraph to say that “In case of the loss of freight container(s), the report required by article II (1) (b) shall be made in accordance with the provisions of SOLAS regulations V/31 and V/32”. MEPC’s sister committee, the Maritime Safety Committee (MSC), is due to adopt parallel requirements in Chapter V of the International Convention for the Safety of Life at Sea (SOLAS) at its 108th session this month. These will place a responsibility of the master of every ship involved in the loss of freight container(s) to communicate the particulars of such an incident to ships in the vicinity, to the nearest coastal state and to the flag state. These changes are expected to take effect on 1 January 2026.

GUT THE GAS

IMO has addressed the issue of greenhouse gas (GHG) emissions from ships’ exhausts in two ways: firstly by imposing restrictions on the fuels that can be used, either in specific areas or more widely; and secondly by introducing measures to enhance fuel efficiency. These measures have contributed to a significant reduction in emissions from ships but, in view of the UN Sustainable Development Goals, IMO is looking at how to achieve its aim of achieving net-zero GHG emissions by around 2050.

It is already apparent that there will be no single target but that, in pursuit of the 2023 IMO Strategy on Reduction of GHG Emissions from Ships adopted at MEPC’s previous session in July 2023, there will be a number of steps. These have been sketched out in a draft net-zero framework, which identifies those regulations under Marpol that will need to be added or amended to allow for a new global fuel standard and a new global pricing mechanism for maritime GHG emissions, which are the 2023 Strategy’s mid-term measures. The fine detail of those measures is still under consideration.

While IMO is clearly going to put in the time to get the next step on the road to net-zero right, the maritime industry itself is having to take something of a gamble on what the end result of IMO’s deliberations will be. New ships ordered today will need to comply at some point in their lifetime with rules that are yet to be written, so it is noticeable that many owners are trying to future-proof newbuildings by specifying that they be able to accommodate alternative fuels or carbon capture technologies.

In the meantime, MEPC has agreed that it should have a comprehensive impact assessment of the proposed medium-term GHG reduction measures available for its next session, which is scheduled to start on 30 September. Before then, a two-day expert workshop will discuss preliminary findings from that impact assessment. A 17th intersessional working group on greenhouse gas emissions will also meet and develop draft terms of reference for a fifth IMO GHG study.

MEPC also adopted revised guidelines on lifecycle GHG intensity of marine fuels (the ‘LCA Guidelines’), updating the template for well-to-tank default emissions and adding a new template for tank-to-wake emission factors. Work on this topic will continue, with the Group of Experts on the Scientific Aspects of Marine Pollution (Gesamp) also to take part.

Two new correspondence groups have been established: the first is tasked with developing a work plan for the creation of a regulatory framework for the use of onboard carbon capture systems and to look into tank-to-wake methane and nitrous oxide emissions; the second group will look into social and economic sustainability themes and aspects of marine fuels for possible inclusion in the LCA Guidelines. An existing Working Group on Air Pollution and Energy Efficiency has already discussed onboard carbon capture and storage and will develop a work plan for a regulatory framework. These groups will report back to MEPC next year at its 83rd session.

ENERGY EFFICIENCY

MEPC approved the report on the fuel oil consumption data submitted to the IMO Ship Fuel Oil Consumption Database (reporting year: 2022). Data was reported by almost 29,000 ships, an increase of more than 800 ships compared to 2021. These ships reported the use of 213m tonnes of fuel, which is just higher than the 212m tonnes reported in 2021. The report on annual carbon intensity and efficiency of the existing fleet provides information on progress towards the at least 40 per cent carbon intensity improvement target to be achieved by 2030, on the basis of both demand-based and supply-based measurement metrics.

MEPC adopted updated to three sets of guidelines, covering: the development of a Ship Energy Efficiency Management Plan (SEEMP); administration verification of ship fuel oil consumption data and operational carbon intensity; and shaft/engine power limitation system to comply with the EEXI requirements and use of a power reserve. It also approved a new procedure for reporting of uses of a power reserve, and unified interpretations of regulations 2.2.15 and 2.2.18 of Marpol Annex VI.

There was also some work on the sampling of fuel oil to determine compliance with Marpol Annex VI and SOLAS chapter II-2. Marpol requires demonstration of sulfur content while SOLAS relates to the flashpoint of fuel. There is a difference insofar as SOLAS considers ‘oil fuel’, which are generally petroleum products, while Marpol considers ‘fuel oil’, which can be any fuel delivered for use on board. MEPC approved a draft MSC/MEPC circular, which will now go forward to MSC for approval as an urgent matter; once the new circular enters into effect, the 2009 guidelines (MEPC/182(59)) will be revoked.

In a similar vein, MEPC adopted amendments to Marpol Annex VI as regards the definition of gas fuels along with clarification of fuel sampling and bunker delivery notes for low-flashpoint fuels and gas fuels, as well as other related changes. These amendments are expected to enter into force on 1 August 2025.

OTHER BUSINESS

The energy transition continues to generate issues for regulators; MEPC is still struggling with the transport of biofuels by sea. Fuel oil is transported as a Marpol Annex I product on standard tankers; biofuels with a bio content of more than 25 per cent, by contrast, are transported under the terms of Marpol Annex II, requiring chemical tankers (with a limit on parcel size). This poses a challenge to the transport of biofuels, in particular to meet the demand for alternatives to very low sulfur fuel oil.

MEPC referred the matter to the Working Group on the Evaluation of Safety and Pollution Hazards of Chemicals (ESPH) for further consideration at its 30th session this coming October. It is hoped that the experts will be able to point MEPC on the best way forward.

The paragraphs above give a brief insight into some of the decisions taken by MEPC that are likely to be of most relevance to HCB readers. There were, though, plenty of other decisions taken, many relating to the ballast water management convention and its implementation; in addition, MEPC approved new Emission Control Areas (ECAs) for the Norwegian Sea and Canadian Arctic waters. MEPC has also endorsed a draft action plan to address underwater noise from commercial shipping activities, which will be discussed further at the next session.