MARPOL under review

MARPOL under review

ALL fifteen member states of the European Union (EU) have put forward to IMO a set of formal proposals to change certain provisions of the MARPOL Convention. The proposals call for further acceleration of the phase-out timetable for single-hull tankers and an immediate ban on the carriage of heavy grade oil in single-hull tankers, and for the Condition Assessment Scheme to be applied to tankers of fifteen years of age or above.

The proposals will be circulated among all IMO member states and parties to MARPOL prior to their consideration at the 49th session of the Marine Environment Protection Committee (MEPC), to be held at IMO's headquarters in July this year. An extra meeting may also be held in December at which any measures arising from the proposals will be considered for formal adoption. This would give IMO members six months in which to consider any proposed amendments and allow MARPOL parties to consider introducing new international measures as early as possible.

To ensure that member states have as much information as possible when considering the proposals, IMO's Informal Group of Experts has been reactivated to study the impact of the new proposals. The group will take into account criteria such as the volume of oil and oil products carried by tankers worldwide and by region, the number of single-hull tankers to be affected by the proposals, the capacity of shipyards needed to build replacements for the single-hull tankers that would be withdrawn from service, and the scrapping capacity of ship recycling facilities.

Japan updates arbitration bill

A NEW bill of arbitration is due to come into force in Japan in 2004. Designed to amend the existing Law of Arbitration, which dates back to 1890, it is hoped that the new bill, which is primarily based on the UNCITRAL Model Law, will encourage greater international use of Japan as a centre for the resolution of maritime disputes.

New Zealand targets health and safety

MAY 2003 saw the new Health & Safety in Employment Amendment Act come into force in New Zealand. According to Phillips Fox law firm, under the new legislation, those working in the maritime and aviation industries are also covered, making every employer, including shipowners and operators, responsible for taking all practicable steps to ensure the safety of employees whilst at work.

The legislation has been extended to cover those employed, under an employment agreement or contract for services governed by New Zealand law, on New Zealand ships operating inside or outside New Zealand. The definition of New Zealand ship is wide and covers not only any ship registered under the Ship Registration Act 1992 of New Zealand but also any ship that is not registered but is required or entitled to be registered. The new act also covers those employed on foreign ships carrying coastal cargo while the ship is on demise charter to a New Zealand-based operator.

Infringement of the legislation attracts significant fines, which have also been increased under the amendments. Newly-created instant fines of between $100 and $4,000 may be used to deal with low-level breaches of the act but where a person is prosecuted for an infringement other than one that attracts an instant fine, the maximum penalty will be $250,000.

There is also a separate category for offences where a person has acted or failed to act knowing that their action or inaction is likely to cause serious harm. These offences will attract a fine of up to $500,000 and/or a jail term of up to two years.

According to Phillips Fox, from May 5, 2003, it will be illegal to obtain insurance for these fines, although the cost of defending claims may still be insured.

South Africa acts on ship registration

SOUTH Africa has finally got its new Ship Registration Act. Based largely on the English system, the new act is seen as a welcome modernisation of the ship registration system in South Africa.

According to Mike Poseman, partner at Durban-based Adams & Adams law firm, the new act provides for the registration of South African-owned vessels, makes provision for foreign joint venture ownership, and allows for the dual registration of foreign registered vessels under bareboat charter to South African nationals. Under the act, a South African ship registration office has also been created to administer the registrations and mortgages over ships.