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Document 52019PC0379

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the Second Ministerial Meeting of the Bonn Agreement with regard to the Bonn Agreement Strategic Action Plan (BASAP) 2019 – 2025 annexed to the Ministerial Declaration and with regard to the Ministerial Declaration

COM/2019/379 final

Brussels, 30.8.2019

COM(2019) 379 final

2019/0174(NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union at the Second Ministerial Meeting of the Bonn Agreement with regard to the Bonn Agreement Strategic Action Plan (BASAP) 2019 – 2025 annexed to the Ministerial Declaration and with regard to the Ministerial Declaration


EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

This proposal concerns the decision establishing the position to be taken on the Union's behalf in the context of the Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances (‘Bonn Agreement’) in connection with the envisaged adoption of the Ministerial Declaration and the Bonn Agreement Strategic Action Plan (BASAP) 2019 – 2025 annexed thereto.

2.Context of the proposal

2.1.The Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances

The Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances (‘the Bonn Agreement’ or ‘the Agreement’) aims to combat pollution in the North Sea Area by oil and other harmful substances and safeguard coastal areas from maritime disasters and chronic pollution from ships and offshore installations. The Agreement entered into force on 1 September 1989.

The European Union (then ‘European Economic Community’) is a Contracting Party to the Agreement (as amended) 1 . North Sea States of the European Union 2 together with Norway are also Contracting Parties to the Agreement.

2.2.The Bonn Agreement

The Agreement seeks to promote active cooperation and mutual assistance among coastal States and the European Union in combating pollution of the North Sea by oil and other harmful substances in order to protect the marine environment and the interests of coastal States. To that effect, the Agreement provides that Contracting Parties carry out surveillance as an aid to detecting and combating pollution and to preventing violations of anti-pollution regulations. Under the Bonn Agreement, the North Sea is divided into different zones where the responsibility for the surveillance and assessment of incidents is assigned to Contracting Parties. Contracting Parties are required to inform any other Contracting Party concerned of their becoming aware of the presence of oil or other harmful substances likely to constitute a serious threat to the coast or related interests of any other Contracting Party. Contracting Parties may require assistance to deal with pollution at sea or on their coasts, in which case the Contracting Parties called upon for help are required to use their best endeavours to bring such assistance as is within their power.

The Depositary Government of the Bonn Agreement is the Government of the Federal Republic of Germany (Article 18(3) Bonn Agreement).

Contracting Parties make decisions with respect to the Agreement, in accordance with the relevant provisions of the Bonn Agreement and the related Rules of Procedures; they are assisted by a Secretariat and subsidiary bodies (such as the Working Group on Operational, Technical and Scientific Questions Concerning Counter-Pollution Activities [OTSOPA]).

2.3.The envisaged act - The Ministerial Declaration and the Bonn Agreement Strategic Action Plan (BASAP) 2019 – 2025

The Agreement celebrates its 50th anniversary in 2019. On that occasion, the Contracting Parties intend to adopt a joint declaration during the Second Ministerial Meeting of the Bonn Agreement in the presence of Intergovernmental Organisations and Observers from neighbouring regions, responsible for dealing with pollution of the Greater North Sea and its approaches by oil and other harmful substances to be held in Bonn on 11 October 2019 (‘the Ministerial Declaration’).

Despite the overall decrease in the number of accidental oil spills in European waters, major accidental oil spills (i.e. those greater than 20 000 tonnes) still occur at irregular intervals. Although land-based discharges constitute the largest source of oil that enters the ocean each year, accidental oil spills are still a major source of pollution accounting for about 10–15 per cent of all oil that enters the ocean world-wide every year. Therefore, the Ministerial Declaration seeks to set out a common vision of a Greater North Sea and its approaches free from accidental, avoidable and deliberate pollution from shipping, offshore oil and gas operations and other maritime activities.

As a strong commitment to pursue such a vision, the Ministerial Declaration is to attest the re-invigorated efforts by the Contracting Parties to the Agreement to accomplish agreed objectives and to achieve better prevention, preparedness and response to marine pollution in the Greater North Sea and its approaches. To that effect, the Contracting Parties intend to adopt the Bonn Agreement Strategic Action Plan (‘BASAP’) 2019-2025 – to be annexed to the Ministerial Declaration – setting out ambitious strategic aims, operational objectives and actions for their implementation for the period 2019-2025.

The BASAP 2019-2025 is intended to facilitate the implementation of the Bonn Agreement. It sets the Vision, Strategic Aims and Operational Objectives as well as specific measurable actions and realistic targets for the period 2019-2025, to guide and focus the work of Contracting Parties. The BASAP acknowledges the need to maintain well-established systems and to continue the operational nature of the Agreement. At the same time, it articulates opportunities to enhance these efforts and to develop new directions.

The First Bonn Agreement Action Plan was agreed by the First Ministerial Meeting in Dublin in 2010. It was later renewed and updated for the periods of 2013-2016 and 2016-2019 during the meetings of the Contracting Parties of the Agreement.

3.Position to be taken on the Union's behalf

The Union aims at a high level of environmental protection, notably through the promotion of measures at international level to deal with regional environmental problems 3 ; it also seeks to encourage cooperation in order to improve the effectiveness of systems for preventing and protecting against natural or man-made disasters, notably through the promotion of consistency in international civil protection work 4 .

The Contracting Parties of the Bonn Agreement successfully cooperate regionally for 50 years in preventing and combating marine pollution in the Greater North Sea from ships and offshore installations. The Bonn Agreement work covers scientific, technical and operational activities. The Contracting Parties have achieved great expertise in handling threats to the marine environment and are ready to meet new challenges. The BASAP 2019-2025 will guide and focus the on-going and the new tasks with the endorsement by the Ministerial Declaration.

The Union is a Contracting Party to the Bonn Agreement and is interested in enhancing regional cooperation in dealing with pollution of the Greater North Sea and its approaches. The Union should therefore support the adoption of the 2019 Ministerial Declaration, which will imply in turn endorsement of the Strategic Action Plan 2019-2025 annexed thereto, in accordance with the applicable Union procedure under Article 218 (9) TFEU.

4.Legal basis

4.1.Procedural legal basis

4.1.1.Principles

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature 5 .

4.1.2.Application to the present case

The Ministerial Meeting is the Meeting of the Contracting Parties at ministerial level. It is convened on ad hoc basis on the occasion of the 50th anniversary of the Bonn Agreement and the envisaged changes thereto.

The 2nd Ministerial Meeting of the Contracting Parties takes place on 11 October 2019. That meeting is to adopt a Ministerial Declaration to attest the re-invigorated efforts by the Contracting Parties to the Agreement to accomplish agreed objectives and to achieve better prevention, preparedness and response to marine pollution in the Greater North Sea and its approaches. To that effect, the Contracting Parties intend to adopt the Bonn Agreement Strategic Action Plan (‘BASAP’) 2019-2025 – to be annexed to the Ministerial Declaration – setting out ambitious strategic aims, operational objectives and actions for their implementation for the period 2019-2025.

The BASAP 2019-2025 has legal effects on the Contracting Parties. It will guide and focus the on-going and the new tasks with the endorsement by the Ministerial Declaration. It is intended to facilitate the implementation of the Bonn Agreement, by setting the Vision, Strategic Aims and Operational Objectives of the Agreement as well as specific measurable actions and realistic targets to be achieved by the Contracting Parties for the period 2019-2025, in order to guide and focus the work of Contracting Parties. The BASAP acknowledges the need to maintain well-established systems and to continue the operational nature of the Agreement. At the same time, it articulates opportunities to enhance these efforts and to develop new directions.

The envisaged act does not supplement or amend the institutional framework of the Agreement.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

4.2.Substantive legal basis

4.2.1.Principles

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

With regard to an envisaged act that simultaneously pursues a number of objectives, or that has several components, which are inseparably linked without one being incidental to the other, the substantive legal basis of a decision under Article 218(9) TFEU will have to include, exceptionally, the various corresponding legal bases.

4.2.2.Application to the present case

The draft Bonn Agreement Strategic Action Plan (BASAP) 2019 – 2025 pursues objectives and has components in the areas of environmental protection and international civil protection cooperation. These elements of the envisaged act are inseparably linked without one being incidental to the other while promoting further consistency in international civil protection work 6 .

Therefore, the substantive legal basis of the proposed decision comprises the following provisions: Article 191 TFEU and Article 196 TFEU.

4.3.Conclusion

The legal basis of the proposed decision should be Article 191 TFEU and Article 196 TFEU in conjunction with Article 218(9) TFEU.

5.Publication of the envisaged act

As the result of the decisions of the Meeting of the Contracting Parties will be to amend the Bonn Agreement, it is appropriate to publish them in the Official Journal of the European Union after their adoption.

2019/0174 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union at the Second Ministerial Meeting of the Bonn Agreement with regard to the Bonn Agreement Strategic Action Plan (BASAP) 2019 – 2025 annexed to the Ministerial Declaration and with regard to the Ministerial Declaration

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 196 and 191, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances (‘the Bonn Agreement’ or ‘the Agreement’) was concluded by the Union (then ‘European Economic Community’) by Council Decision 84/358/EEC of 28 June 1984 7 . The Agreement entered into force on 1 September 1989. The Agreement was amended in 1989; those amendments entered into force on 1 April 1994. The Union (then ‘European Economic Community’) approved those amendments by Council Decision 93/540/EEC of 18 October 1993 8 .

(2)The Agreement celebrates its 50th anniversary in 2019. On that occasion, the Contracting Parties intend to adopt a Ministerial Declaration during the Second Ministerial Meeting of the Bonn Agreement in the presence of Intergovernmental Organisations and Observers from neighbouring regions, responsible for dealing with pollution of the Greater North Sea and its approaches by oil and other harmful substances to be held in Bonn on 11 October 2019 (‘the Ministerial Declaration’).

(3)Acknowledging 50 years of successful cooperation within the framework of the Bonn Agreement and recognising the common benefit of further invigorating regional cooperation to prevent, prepare for and respond to accidental and illegal marine pollution from maritime activities in the Greater North Sea and its approaches, the 2019 Ministerial Declaration seeks to set out a common vision of a Greater North Sea and its approaches free from accidental, avoidable and deliberate pollution from shipping, offshore oil and gas operations and other maritime activities.

(4)As a strong commitment to pursue such a vision, the Ministerial Declaration is to attest the re-invigorated efforts by the Contracting Parties to the Agreement to accomplish agreed objectives and to achieve better prevention, preparedness and response to marine pollution in the Greater North Sea and its approaches. To that effect, the Contracting Parties intend to adopt the Bonn Agreement Strategic Action Plan 2019-2025 – to be annexed to the Ministerial Declaration – setting out ambitious strategic aims, operational objectives and actions for their implementation for the period 2019-2025.

(5)It is important to establish the position to be taken on the Union’s behalf during the Second Ministerial Meeting of the Bonn Agreement, as the decision to be adopted at the meeting will produce legal effect towards the Union.

(6)As the Union is a Contracting Party to the Bonn Agreement and is interested in enhancing cooperation in dealing with pollution of the Greater North Sea and its approaches, it is appropriate to sign and support the 2019 Ministerial Declaration, which endorses the Strategic Action Plan 2019-2025 annexed thereto.

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union's behalf at the Ministerial Meeting shall be to support the adoption of the Ministerial Declaration and the Bonn Agreement Strategic Action Plan (BASAP) 2019 – 2025 annexed thereto.

Minor changes may be brought to the the text of the draft Bonn Agreement Strategic Action Plan (BASAP) 2019 – 2025 without calling into question the support of the Union.

Article 2

This Decision is addressed to the Commission.

Done at Brussels,

   For the Council

   The President

(1)    Council Decision 84/358/EEC of 28 June 1984 concerning the conclusion of the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (OJ L 188, 16.7.1984, p.7). The Agreement was amended in 1989; those amendments entered into force on 1 April 1994. The European Economic Community approved those amendments by Council Decision 93/540/EEC of 18 October 1993 (OJ L 263, 22.10.1993, p.51).
(2)    Belgium, Denmark, France, Germany, Ireland, the Netherlands, Sweden, and the United Kingdom of Great Britain and Northern Ireland (status of ratifications on 10.4.2019).
(3)    Article 191 TFEU.
(4)    Article 196 TFEU.
(5)    Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64.
(6)    Notably as Contracting Parties to the Bonn Agreement could rely on the Union Civil Protection Mechanism (see Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 - OJ L 347, 20.12.2013, p. 924).
(7)    OJ L 188, 16.7.1984, p. 7.
(8)    OJ L 263, 22.10.1993, p.51.
Top

Brussels, 30.8.2019

COM(2019) 379 final

ANNEXES

to the

Proposal for a Council Decision

on the position to be taken on behalf of the European Union at the Second Ministerial Meeting of the Bonn Agreement with regard to the Bonn Agreement Strategic Action Plan (BASAP) 2019 – 2025 annexed to the Ministerial Declaration and with regard to the Ministerial Declaration


ANNEX 1

Ministerial Declaration

Bonn, Germany 11 October 2019

WE THE MINISTERS AND THE MEMBER OF THE EUROPEAN COMMISSION, responsible for dealing with pollution of the Greater North Sea and its Approaches by oil and other harmful substances have met in Bonn on 11 October 2019 for the Second Ministerial Meeting of the Bonn Agreement in the presence of Intergovernmental Organisations and Observers from neighbouring regions;

ACKNOWLEDGING 50 years of successful cooperation within the framework of the Bonn Agreement and RECOGNISING the common benefit of further invigorating our cooperation to prevent, prepare for and respond to accidental and illegal marine pollution from maritime activities in the Greater North Sea and its Approaches;

WELCOMING the accession of Spain to the Bonn Agreement and the realignment of the Zone of Responsibility between France and Spain, following which the scope of the Bonn Agreement maritime area will include the Bay of Biscay;

AIMING to strengthen the protection of our coastal and marine environment from marine pollution as a result of activities in the Greater North Sea and its Approaches and the way in which we cooperate on pollution prevention, preparedness and response;

TAKING INTO ACCOUNT the role of the International Maritime Organization (IMO) in regulating global shipping to protect the marine environment and human health, the development of an Integrated Maritime Policy for the European Union and relevant EU legislation 1 in relation to marine pollution and incidents;

CONTINUING to coordinate the national efforts at a (sub-)regional scale, for the benefit of all and considering the reporting obligations by the Contracting Parties;

MAKING USE of widely accepted information systems that are defined as standard within competent international organisations;

NOTING both the continuing growth of maritime transport and other maritime activities such as offshore oil and gas exploitation and the fact that, despite the decrease in the number of observed spills during recent years, risks will always remain;

Have ADOPTED the following joint Declaration:

1.    We have a vision of a Greater North Sea and its Approaches free from accidental, avoidable and deliberate pollution from shipping, offshore oil and gas operations and other maritime activities.

2.    We welcome the regulations from IMO that have resulted in a reduction of marine pollution. Nevertheless, despite the wide range of measures taken in recent years, accidental and illegal pollution with substances other than oil remains a significant threat for the Greater North Sea and its Approaches.

3.    We are acutely aware of the economic and social value of our marine and coastal environment and recognise that the costs of adequate resources for marine pollution prevention, preparedness and response are low compared to those arising from remediation after major pollution incidents.

4.    We stress the importance of efficient maritime emergency prevention, preparedness and response. We reaffirm our commitment for active cooperation under the Bonn Agreement on planning, training and operational testing of emergency response systems, including joint operational response exercises. We recognise the importance of the overall European cooperation through the Emergency Response Coordination Centre (ERCC) and in coordination with the European Maritime Safety Agency (EMSA).

5.    We welcome the well-established system for aerial and satellite surveillance of shipping, offshore oil and gas operations and other maritime activities in the Greater North Sea and its Approaches as an important aid for detecting possible pollution and discouraging illegal discharges at sea and implementing our commitments under the MARPOL Convention.

6.    We welcome national and regional use of Remotely Piloted Aircraft Systems (RPAS) established as new services for maritime surveillance, air emissions from maritime transport monitoring and pollution response and encourage the Contracting Parties to share knowledge and experience on their national RPAS systems and their role in enforcement practices.

7.    We reaffirm our commitment to continue national flight programmes and joint operations such as Coordinated Extended Pollution Control Operations (CEPCOs) and welcome the satellite imagery service provided by EMSA through CleanSeaNet as a contribution to better preparedness and prevention of pollution.

8.    We welcome the development and continuous update of the Bonn Agreement manuals and codes, including the Counter Pollution Manual and Bonn Agreement Oil Appearance Code that provide unique information sources for pollution prevention, preparedness and response work and have been recognised globally in the context of the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC) and its Hazardous and Noxious Substances (HNS) Protocol.

9.    We reaffirm our commitment to maintain and keep up to date the Bonn Agreement Joint Response Plans to maritime incidents (i.e. the DENGERNETH Plan, MANCHEPLAN, NORBRIT Plan, Quadripartite Zone Plan), providing an important tool to initiate response activities across borders immediately after an incident, irrespective of the national zone of responsibility in which the spill originated.

10.    Recognising the changing risks from increasing transport of hazardous and noxious substances, larger ships, autonomous ships, new fuels, persistently high traffic densities, offshore oil and gas operations and other maritime activities, we note the importance of maintaining an adequate balance of resources for ensuring efficient pollution prevention and response work in the Greater North Sea and its Approaches. We agree that further development of response capacities in the Bonn Agreement area should be based on national and joint risk assessments.

11.    We reaffirm our joint commitment to the prevention of marine pollution affecting air quality by collaboration on, and collective contribution to, implementation and enforcement of international marine pollution rules and standards, also ensuring a level playing field for economic operators. We reiterate the success of the implementation of Directive (EU) 2016/802 2 reflecting the low sulphur requirements for SOx-Emission Control areas (0.10% of maximum sulphur content as of 2015) and we recall as well the latest IMO commitments to ensure the consistent implementation of the global sulphur cap (0.50% as of 2020) under Annex VI to the MARPOL Convention. The coordinated and robust enforcement regime for these requirements, including in the North Sea SOx-Emission Control Area, together with a high compliance rate of ships across the EU, resulted in significant reductions of sulphur dioxide pollution in coastal regions and cities. We welcome the development of our joint commitment to collectively contribute to the surveillance for the enforcement of MARPOL Annex VI, and the entry into force of the North Sea as a NOx (Nitrogen Oxides) Emission Control Area (NECA) from 2021. The Contracting Parties retain the right to freely choose their means of participation for the surveillance measures.

12.    We recognise that provisions such as the designation of the North Sea as a Special Area under MARPOL Annexes I and V will not be effective unless properly enforced. In this context we welcome the successful work of the North Sea Network of Investigators and Prosecutors in promoting enforcement of pollution rules and standards and agree to continue cooperation with the Network on enforcement of all relevant Annexes to the MARPOL Convention.

13.    We reaffirm our commitment for the proper implementation and enforcement of the Directive 2005/35/EC3 on ship-source pollution infringement (as amended), in particular as regards monitoring and enforcement cooperation, the fulfilment of reporting obligations and effective penalties, including criminal penalties, for pollution offences.

14.    We welcome the adoption of the revised Directive on Port Reception Facilities3 by the Council and the European Parliament and commit to exchange of information and to cooperate in order to prevent unlawful waste discharges at sea.

15.    We welcome the adoption of the new output by IMO on ‘Evaluation and harmonization of rules and guidance on the discharge of liquid effluents from EGCS into waters, including conditions and areas’ as an important tool to gain a better understanding of the effects of washwater discharged by scrubbers/ exhaust gas cleaning systems (EGCS) on the marine environment.

16.    We stress the need for coordinated research and development programmes in order to ensure counter-pollution measures are executed with best available techniques and equipment when dealing with existing and future challenges, for example, the introduction and increased use of new fuels, designed to comply with increasing stringent emission regulations, appear to demand innovative response techniques. We reaffirm that decision making processes are supported by the best available knowledge, methods and supportive tools. We note the identification of priorities for Research and Development under the Bonn Agreement Strategic Action Plan 2019-2025.

17.    We note the development of integrated approaches to maritime governance and the importance of strengthening our cooperation with the relevant maritime sectors and bodies in order to move towards more holistic management of our seas, with the objective of achieving good environmental status of marine waters in accordance with the EU Marine Strategy Framework Directive 3 .

18.    We welcome the ‘IMO Action Plan to Address Marine Plastic Litter from Ships’ that aims to enhance the existing regulations and introduces new supporting measures to tackle the significant problem posed by marine plastics in the marine environment.

19.    We reaffirm our commitment to cooperate with other competent international and regional organisations and bodies, in particular the International Maritime Organization (IMO), OSPAR and HELSINKI Commissions, Lisbon Agreement, Copenhagen Agreement, Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC), Organisation for Economic Co-operation and Development (OECD) and the Arctic Council, with a view to share experience and good practices, and achieve our common goals.

In view of the above and as a strong commitment to pursue our vision, we attest the re-invigorated efforts to accomplish agreed objectives and to achieve better prevention, preparedness and response to marine pollution in the Greater North Sea and its Approaches and have ADOPTED the Bonn Agreement Strategic Action Plan 2019-2025, as in Annex 1, setting out ambitious strategic aims, operational objectives and actions for their implementation for the period 2019-2025.

ANNEX 2

Bonn Agreement Strategy Action Plan (BASAP)

2019 – 2025

Introduction

The core work of the Bonn Agreement is to cooperate regionally in preventing and combating marine pollution in the Greater North Sea from ships and offshore installations; to carry out surveillance as an aid to detecting and combating pollution at sea; cleaning up after maritime disasters and pollution offences. These are the achievements that come from 50 years’ scientific, technical and operational work of the Bonn Agreement. The Contracting Parties to the Bonn Agreement have cooperated to create great expertise in handling threats to the marine environment, and are ready to meet new challenges with the cooperation of Contracting Parties and engage with the international community.

The Bonn Agreement is the oldest regional agreement established by governments for responding to pollution incidents.  The Agreement is the mechanism by which the North Sea States, and the European Union, work together to assist each other in combating pollution from maritime disasters and chronic pollution from ships and offshore installations in the North Sea Area. It was signed in 1969 by the eight states bordering the North Sea: Belgium, Denmark, Germany, France, the Netherlands, Norway, Sweden and the United Kingdom, shortly after the oil tanker "Torrey Canyon" broke up off Cornwall in 1967 spilling 117 000 tonnes of oil in the first major pollution disaster affecting Western Europe. However, the Bonn Agreement was not activated until the late 1970s after two other major pollution incidents had occurred: the "Ekofisk" blow-out in 1977 and the "Amoco Cadiz" in 1978. The Agreement has continued to function effectively ever since and was extended in 1983 to include other harmful substances and in 1987 to cover cooperation in surveillance. Further expansion took place in 2010 when Ireland joined and the Agreement was widened to cover Irish waters and related Norwegian and UK waters.

Despite the overall decrease in the number of accidental oil spills in European waters, major accidental oil spills (i.e. those greater than 20 000 tonnes) still occur at irregular intervals. Although land-based discharges constitute the largest source of oil that enters the ocean each year, accidental oil spills are still a major source of pollution accounting for about 10–15 per cent of all oil that enters the ocean world-wide every year.

The BASAP 2019-2025 is intended to facilitate the implementation of the Bonn Agreement in order to contribute to the prevention of marine pollution at large and meet future challenges, like the inevitable paradigm shift in energy and natural resources markets, the environmental challenges that were identified by the Paris Agreement 2015 and the pressure on marine spatial planning that can introduce other risks at sea. Given these developments and the spectacular decrease of accidental oil spills in European waters over the last 30 years, oil spill responders have to broaden their focus from oil to all kinds of marine pollution that can be measured and/or cleaned. A key new challenge for the Bonn Agreement, identified through the SWOT analysis, will be on air pollution that is affecting the ecosystems and the health of citizens in coastal areas, with high population density (MARPOL Annex VI).

The BASAP 2019-2025 is implemented by its Contracting Parties by:

·keeping their zones of responsibility under surveillance for threats of marine pollution, pollution of the related air space over the sea, including coordinating aerial and satellite surveillance;

·alerting each other to such threats;

·adopting common operational approaches, so that they can rely on each other to achieve the necessary standards of prevention and clean-up;

·adopting common and coordinated operational approaches for the compliance monitoring and enforcement of MARPOL Annex VI;

·supporting each other (when asked to do so) in response operations;

·sharing research and development as well as good practices; and

·carrying out joint exercises.

Vision

The vision of the Bonn Agreement is of:

A clean Greater North Sea without accidental and illegal pollution from shipping and other maritime activities

The Greater North Sea supports diverse and productive ecosystems and is essential for the daily lives of millions of people. Part of the Greater North Sea contains some of the busiest shipping lanes in the world. The vision of the Bonn Agreement is therefore to minimise as far as practically possible the threat of pollution from accidental and illegal pollution from ships and other maritime activities.

To achieve its vision the Bonn Agreement has agreed the following Strategic Aims:

(a)Identify and address emerging issues in the maritime sector at large effecting the marine environment within the scope of the Bonn Agreement;

(b)Identify and evaluate emerging opportunities to reduce risks to the marine environment based on best available techniques (BAT) and best environmental practices (BEP)

(c)Identify and evaluate new approaches to monitoring to ensure best available techniques and best environmental practices are followed;

(d)Respond as appropriate to newly identified risks to the marine environment taking into account recommendations from OTSOPA; and

(e)Make full use of the BE-AWARE projects I and II, to identify the most effective future risk reduction and response measures.

Strategic Aims

A.    Prevention of illegal and accidental pollution by collaboration and collective enforcement of international maritime pollution rules and standards, including the compliance of MARPOL Annexes

Despite the wide range of measures taken in recent years, illegal and accidental pollution remains a significant threat for the Greater North Sea. Collaboration in their effective and efficient enforcement is a major tool in safeguarding the marine environment.

The international regulations on marine pollution come from the 1973 International Convention for the Prevention of Pollution from Ships (MARPOL), which was updated in 1978. MARPOL was developed by the International Maritime Organization (IMO) and is aimed at preventing and minimizing pollution from ships - both accidental and from routine operations with the following six technical annexes covering marine pollution by, see Annex I: Current MARPOL texts for Annex I to Annex VI

Annex I—Regulations for the Prevention of Pollution by Oil

Annex II—Regulations for the Prevention of Pollution by Noxious Liquid Substances in Bulk

Annex III—Regulations for the Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form

Annex IV—Regulations for the Prevention of Pollution by Sewage from Ships

Annex V—Regulations for the Prevention of Pollution by Garbage from Ships

Annex VI—Regulations for the Prevention of Air Pollution from Ships.

Common and coordinated operational approaches must be established for the compliance monitoring to ensure uniform and consistent implementation and enforcement of MARPOL Annexes and ,in particular, for the implementation and enforcement of the North Sea Emission Control Area (ECA) under MARPOL Annex VI for sulphur and nitrogen oxides as well as in view of the entering into force in 2020 of the global sulphur limit for ships sailing outside ECAs.

B.    Promotion and establishment of efficient emergency preparedness

International and European obligations are in place to ensure that Greater North Sea states are prepared to respond in the event of pollution incidents including global protocols and regional joint responsibility zones. Cooperation with other regional and international organisations is needed to identify synergies and avoid duplications. Appropriate knowledge, planning, training and operational testing of emergency systems is needed to ensure effective preparedness. The planning of counter pollution measures should take into account the best available environmental advice.

C.    Organisation of optimum response capacities

   Despite all efforts to increase maritime safety there will always be the risk of incidents. Increasing levels of maritime transportation and hazardous and noxious cargos are leading to increasing risk for the marine environment. Contracting Parties have already put considerable resources into adequate response capacities. To further improve efficiency, not least in financial terms, the further development of response capacities should be based on risk assessments, gap analysis and regional and sub-regional approaches. Coordinated research and development programmes are needed to ensure counter-pollution measures are executed with best available techniques and equipment.

To achieve its strategic aims the Bonn Agreement has agreed the following operational objectives:

Operational objectives:

Operational objectives in relation to Strategic Aim A (prevention):

A.I    To undertake adequate surveillance of shipping and maritime activities in the Greater North Sea and ensure efficient reporting of observations in the Bonn Agreement zones of responsibility;

A.II    To provide management and aircrew with up to date information on the planning and conduct of counter-pollution flights within the Bonn Agreement area;

A.III    To ensure common operational approaches in the compliance monitoring of MARPOL Annexes;

A.IV    To ensure efficient gathering of evidence in the case of pollution incidents and close cooperation with investigators and prosecutors on enforcement of maritime pollution rules and standards in the Greater North Sea;

A.V    To communicate and disseminate information on the prevention of illegal and accidental pollution to the public and at expert level.

Objectives for the implementation of Strategic Aim B (preparedness):

B.I    To establish common understanding of the way in which it is appropriate to respond to maritime emergencies and ensure awareness of national contingency systems and strategies;

B.II    To maintain an adequate level of training of response staff and cooperation between combating units of the Contracting Parties and promote the preparedness for efficient multinational combating operations;

B.III    To ensure that response action by Contracting Parties is properly formulated to safeguard the marine environment and that priorities are established on the most appropriate basis;

B.IV    To cooperate with other international and European organisations as well as neighbouring maritime regions in order to identify synergies and avoid duplications.

Objectives for the implementation of Strategic Aim C (response):

C.I    To ensure that Contracting Parties have clear understanding of the ways in which the others respond to incidents, in order to promote the development of best practice;

C.II    To maintain and keep up to date common operational approaches to pollution incidents and promote the development of and common understanding of appropriate response strategies;

C.III    To promote coordinated research and development programmes on response technologies, equipment and other operational means;

C.IV    To ensure that an adequate balance of resources for response work, based on sub-regional risk-assessments, is held across the North East Atlantic area.

Actions

To achieve the Vision, Strategic Aims and Operational Objectives, the following Bonn Agreement Strategy Action Plan (BASAP) sets out specific measurable actions and realistic targets for the period 2019-2025, to guide and focus the work of Contracting Parties. The BASAP acknowledges the need to maintain well established systems and to continue work in hand necessary to continue the operational nature of the Agreement. At the same time opportunities to enhance these efforts and to develop new directions are articulated.

The Bonn Agreement has agreed the following actions:

Actions in relation to Strategic Aim A (prevention):

A.1    Execute aerial and satellite surveillance operations, including national flights, regional flights, Tour d’Horizon flights and CEPCO/SuperCEPCO flights, to detect, investigate, gather evidence and monitor spillage of oil and other harmful substances;

A.2    Maintain an efficient Standard Reporting System and to use the system to report detected pollution to the Bonn Agreement as well as to the Commission in the framework of Directive 2005/35/EC on Ship Source Pollution and to IMO;

A.3    In cooperation with the European Maritime Safety Agency make optimum use of satellite imagery and responding to the latest developments in the area of High Altitude Pseudo Satellites (HAPS) and Remotely Piloted Aircraft Systems (RPAS) made available to Greater North Sea states and establish a harmonised system throughout the Greater North Sea to improve detection of pollution incidents;

A.4    Strengthen cooperation on the detection of offences in relation to MARPOL Annex V and enforcement:

A.5    Strengthen cooperation on the detection of offences in relation to MARPOL Annex VI and enforcement, including through the existing port state control enforcement regime, as well as applying advanced targeting tools for compliance monitoring and sharing the outcome of enforcement actions in common information systems (e.g. Thetis-EU);

A.6    Maintain and keep up to date the Aerial Operations Handbook and BAOAC Atlas;

A.7    In cooperation with the North Sea Network of Investigators and Prosecutors (NSN) maintain and keep up to date the North Sea Manual on Maritime Oil Pollution Offences;

A.8    Cooperate through OSINET on oil spill identification, including inter-calibration exercises of laboratories and further development of a common oil spill identification methods;

A.9    Strengthen cooperation with investigators and prosecutors:

a.    by 2022 - in cooperation with the NSN identify options for giving publicity to convictions for maritime pollution offences;

b.    by 2025 - in cooperation with the NSN establish procedures whereby environmental track-records of relevant shipping companies and ship-operating companies can be made available to the public.

A.10    Liaise with IMO to determine how the Bonn Agreement can further contribute to compliance of with MARPOL Annex VI taking into account the latest IMO developments regarding the implementation of the 2020 global sulphur cap (e.g. reinforced port state control regime, as well as the carriage ban for combustion purposes of fuels with sulphur content above 0.50%);

A.11    Support process through IMO-MEPC for the review of MARPOL Annex II discharge conditions for high-viscosity and solidifying substances.

A.12    Maintain and keep up to date the Bonn Agreement website and dissemination of electronic publications (i.e. manuals, handbooks and reports);

A.13    Support/promote recommendations on preventive measures of the BE -AWARE projects.

Actions in relation to Strategic Aim B (preparedness):

B.1    Maintain and update the Chapters of the Bonn Agreement Counter Pollution Manual to make it applicable to needs;

B.2    Promote information exchange on potentially polluting wrecks and the development of national databases;

B.3    Plan and undertake regional and sub-regional operational exercises and training;

B.4    Promote the development of national environmental advice systems and related exchanges of information;

B.5    Maintain information exchange with other regional and international organisations, in particular the UCPM (Union Civil Protection Mechanism), EMSA, EPPR (Arctic Council), HELCOM, IMO, OSPAR Commission, Lisbon Agreement and REMPEC through attendance at Inter-Secretariat meetings, and where useful strengthen cooperation with these organisations, such as with regard to the joint development of a HNS Response Manual.

B.6    Strengthen cooperation with the OSPAR Commission and other international organisations involved in protecting the marine environment from pollution and offshore installations;

B.7    Developing of HNS strategy for the cooperation with other international organisations for example HELCOM/EMSA/CTGto implement OPRC principles on HNS;

B.8    Liaise with IMO to determine how the Bonn Agreement can further contribute to strengthening international OPRC-HNS-protocol implementation;

B.9    To continue to evolve response capacity based on environmental risk analysis to keep up with the changing maritime risk.

Actions in relation to Strategic Aim C (response):

C.1    Maintain a system of pollution incident reporting and identification of lessons learned;

C.2    Maintain and keep upto date joint response plans to maritime incidents (DENGERNETH Plan, MANCHEPLAN, Quadripartite Zone Plan, NorBrit Plan [Bay of Biscay Plan]);

C.3    Strengthen the development of joint approaches to wildlife response, including identification of best practice and communication of wildlife response work to the public;

C.4    Sharing lessons identified and learned from pollution response in offshore wind parks;

C.5    Promote links and coordination with shoreline response;

C.6    Promote research and development and information exchange on response technologies, equipment and other operational means, in particular on integrated surveillance sensors, response technology to respond to accidents at night and in bad visibility, under bad weather conditions, on the detection and recovery of containers lost at sea, accidents involving heavy oil and chemical accidents, and on accidents involving new generations fuels;

C.7    Promote research on joint research priorities: by 2019-22 to develop a joint research proposal on new generation fuels;

C.8    Promote exchanges of information on national risk assessment systems, including emergency towing.

Addendum 1

Tasks 1 – 18 in relation to Strategic Aim A (prevention):

Task

Strategic

Action

Description

Target date

Lead

Progress

Status

1

A.1

Execute aerial and satellite surveillance operations, including national flights, regional flights, Tour d’Horizon flights and CEPCO/SuperCEPCO flights, to detect, investigate, gather evidence and monitor spillage of oil and other harmful substances, taking into account strategic surveillance needs.

Activities undertaken throughout the year

CP

Ongoing

2

A.1

Maintain coverage and efficiency of aerial surveillance and analyse strategically surveillance needs, inter alia based on an evaluation of existing data sets of detections of observed oil pollution and other substances.

CP

CleanSeaNet – EMSA

Fisheries – EU Agency EFCA

NL – Task manager w/ CP

NL to draft and circulate to HoDs

BE – MARPOL Annex VI.

3

A.3

A.4

A.5

Consider developing minimum recommendations on surveillance operations in the Bonn Agreement area and outcomes expected (MARPOL VI, Remote Piloted Aircraft Systems).

EU (for options on streamlining maritime surveillance e.g. for fisheries and pollution purposes)

BE – Co lead (Annex VI)

EU - Drones

Initial MARPOL Annex VI discussions started at OTSOPA 19.

EMSA started with operational RPAS service.

Ongoing

4

A.2

Maintain an efficient standard of monitoring and reporting, utilising the appropriate system to report detected pollution to the Bonn Agreement.

Activities undertaken when required

CP

Ongoing

5

A.3

In cooperation with the European Maritime Safety Agency make optimum use of satellite images, e.g. through CleanSeaNet, in order to follow-up to first alert of detection of possible pollution through aerial surveillance.

and

Activities undertaken when required

CP

Ongoing

6

A.3

Report on and respond to developments of High Altitude Pseudo Satelites (HAPS)and Remote Piloted Aircraft System (RPAS).

Activities undertaken when required

CP

EU/EMSA - HAPS & RPAS

Ongoing

8

A.13

Supporting/promoting the implementation of Traffic Separation Schemes, and highlight other BE-AWARE recommendations in relation to Vessel Traffic Services, AIS in Windfarms and E-Navigation, to authorities responsible for risk reduction measures.

Ongoing

CP

Ireland, Norway and NL have had workshops

Different national departments are responsible for implementation.

9

A.6

B.I

Maintain and keep up to date the Aerial Operations Handbook.

Annually at OTSOPA

NO & CP

Ongoing

10

A.6

B.I

Maintain the online version of the Bonn Agreement Oil Appearance Code (BAOAC), including photo atlas, for air crew and expert level as part of the Bonn Agreement website redevelopment.

Activities undertaken when required

FR & CP

Ongoing

11

A.4

A.5

A.10

Strengthen and expand cooperation on the detection and observation of offences in relation to MARPOL Annexes and the contribution to enforcement and liaise with IMO.

Ongoing

CP/NSN/Sec

Ongoing

12

A.5

A.10

Consider the development of a common technical strategy and operational approach for monitoring compliance for NOx and SOx.

BE, DK (tbc), FR
NL? EMSA (tbc)

New

13

A.7

A.9

Strengthen cooperation with the North Sea Network of Investigators and Prosecutors (NSN) and jointly:

a.    maintain and keep up to date the North Sea Manual on Maritime Oil Pollution Offences;

b.    arrange workshops for subjects of mutual interest;

c.    assist, where useful, in the publicity of convictions and establish environmental track records for shipping companies.

NL/Sec

Possible subjects for seminar 2019-25:

HNS

Marine Litter

Ongoing

14

A.8

Continue the activities of OSINET in order to:

a.    improve knowledge and experience of relevant laboratories regarding oil spill forensics, including through inter-calibration exercises; and

b.    keep/develop up to date analytical procedures and reference methods, including for oil sampling at sea

DE/OSINET

Ongoing

15

A.12

B.1

Maintain and keep up to date the Bonn Agreement website and dissemination of electronic publications (i.e. manuals, handbooks and reports).

Activity undertaken when required

Sec/CP

Secretariat to investigate possibility of maintaining source of decisions/actions.

Ongoing

17.

A.2

Review existing recommendations for notifications and make necessary adjustments when required.

Activity undertaken when required

CP

New

18

A.12

Implement the Bonn Agreement Communication Strategy.

Sec

Ongoing

Tasks 19 – 30 in relation to Strategic Aim B (Preparedness):

Task

Strategic Action

Description

Target date

Lead

Progress

Status

19

B.1

A.12

Maintain and update the different Chapters of the Bonn Agreement Counter Pollution Manual

Activity undertaken when required

CP & Sec

Ongoing

20

B.2

Continue exchange of information on potentially polluting wrecks (methods for emptying, assessing risk, etc).

Activity undertaken when required

CP

Ongoing

21

B.4

B.5

Enhance readiness to receive/offer/transit international assistance making use of the EU Host Nation Support Guidelines.

Ongoing

CP & EU

 

Ongoing

22

B.3

Plan and undertake regional and sub-regional operational exercises and training, taking into account strategic needs.

CP

Ongoing

23

B.3

Organise joint operational combat exercises (BONNEX DELTA), in relation to regional strategic training needs.

CP as per JAP

Ongoing

24

B.3

Establish a system for graduated joint exercises to test and train cooperation in combating spillages.

Ongoing

DK

DK has military expertise and use this to provide support for exercises.

25

B.4

Promote the development of national environmental advice systems and related exchanges of information. Consider establishing means of cooperative working (subregional)

OTSOPA 2020

UK

 

Ongoing

26

B.5

B.7

B.8

Strengthen cooperation with REMPEC and HELCOM on the development of a joint HNS Response Manual

SEC, FR,

New

27

B.6

Strengthen cooperation with the OSPAR Commission, regional agreements and other international organisations involved in protecting the marine environment from pollution from shipping, offshore oil and gas operations and other maritime activities, taking into account the obligations under the Marine Strategy Framework and the Water Framework Directives 4 .

SEC, BE & NL; CP (info exchange on MSFD implementation)

SEC to contact OSPAR on MSFD obligation D8 regarding monitoring and assessment of significant acute pollution, and report to OTSOPA 2020

BONN 19 to consider reciprocal BA/HELCOM attendance at key meetings. (cf. BAAP 2016-19, Product A.3.3)

New

29

B.9

trend analysis of the BE-AWARE Project 2030.
Evaluate and follow up on the outcomes.

Ongoing

NL & CP

New

30

B.9

Exchange information/experiences on the increasing size of vessels, renewable energy, offshore oil and gas industry, LNG fuels and port expansions, autonomous ships and radioactive materials.

CP

New


Tasks 31 - 40 in relation to Strategic Aim C (Response):

Task

Strategic Action

Description

Target date

Lead

Progress

Status

31

C.1

C.4.

Exchange information on lessons learned on incidents including in windfarms, places of refuge and waste management following pollution incidents.

OTSOPA

BONN

CP

Ongoing

32

C.1

C.5

Maintain an efficient POLREP-system for the reporting of pollution incidents and the management of requests for and offers of assistance utilising the Marine Pollution Common Emergency Communication and Information System (CECIS MP) of the European Commission.

Ongoing

EU, NO, DK

6 month project with two workshops & nine countries.

Ongoing

33

C.2

Develop, maintain and keep up to date joint response plans to maritime incidents (DENGERNETH Plan (DE), MANCHEPLAN (UK & FR), Quadripartite Zone Plan (BE), NORBRIT Plan (UK & NO), UK and Ireland MOU), [Bay of Biscay].

Activity undertaken when required

CP concerned

Ongoing

34

C.3

Maintain information exchange on national wildlife response systems

Ongoing

– FR, SE & CP

Ongoing

35

C.7

C.6

Encourage and, if possible, carry out/perform research and development, and information exchange regarding new generation fuels.

NO+Project partners[

Proposal for DG-ECHO Call in 2019

Ongoing

36

C.7

C.6

Responses and preparedness in regards to new generation fuels

NO + project partners

Based on response from 35

37

C.6

Exchange information on and encourage further research of pollution incidents including: :

·on accidents at night, in bad visibility and under bad weather conditions;

·on accidents involving heavy oil and chemical accidents, possibly through externally funded projects;

·on response technologies, equipment and other operational means, in particular on integrated surveillance sensors, oil spill drift modelling and decision-support tools, and response technologies.

CP

 

Ongoing

39

C.6

Consideration and development of a project proposal for a regional risk assessment for HNS.

CP & Sec

Ongoing

40

C.6

Promote continued research on HNS, inter alia on HNS response technologies, testing of HNS properties and behaviour in non-standard conditions, and further developments in, and validation of advanced decision-support tools.

CP

Ongoing

41

C.8.

Exchange of information on national risk assessment systems, including emergency towing.

Activities undertaken when required

CP

New

Annex I

Current MARPOL texts

Current MARPOL texts for Annex I to Annex VI and Protocol 1.

MARPOL includes regulations aimed at preventing accidental pollution, and pollution from routine operations detailed in six technical annexes.

(a)Annex I—Regulations for the Prevention of Pollution by Oil

Amendments to Annex I—entry into force 1 March 2018— Resolution MEPC.276(70)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to Form B of the Supplement to the International Oil Pollution Prevention Certificate)

Amendments to Annex I—entry into force 1 January 2017— Resolution MEPC.266(68)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to regulation 12—tanks for oil residue (sludge))

Amendments to Annex I—entry into force 1 January 2017— Resolution MEPC.265(68)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annexes I, II, IV and V to make the use of the environment-related provisions of the polar code mandatory)

Amendment to MARPOL Annex I—entry into force 1 March 2016— Resolution MEPC.256(67)

·Amendment to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendment to regulation 43—Special requirements for the use or carriage of oils in the Antarctic area)

Amendments to Annex I—entry into force 1 January 2016— Resolution MEPC.248(66)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annex 1 mandatory carriage requirements for a stability instrument)— MEPC 66/21/Corr.1

Amendments to Annex I—entry into force 1 January 2016— Resolution MEPC.246(66)

·Amendments to the Annex of the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annexes I, II, III, IV and V to make the use of the III Code mandatory)

Amendments to Annex I—entry into force 1 January 2015— Resolution MEPC.238(65)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annexes I and II to make the RO code mandatory)

Amendments to Annex I—entry into force 1 October 2014— Resolution MEPC.235(65)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to form A and form B of supplements to the IOPP certificate under MARPOL Annex I)

Amendments to Annex I—entry into force 1 August 2013— Resolution MEPC.216(63)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Regional Arrangements for Port Reception Facilities under MARPOL Annexes I, II, IV and V)

Amendments to Annex I—entry into force 1 August 2011— Resolution MEPC.190(60)

·Amendments to the annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973 (North American Emission Control Area)

Amendments to Annex I—entry into force 1 August 2011— Resolution MEPC.189(60)

·Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Addition of a new chapter 9 to MARPOL Annex I)

Amendments to Annex I—entry into force 1 January 2011— Resolution MEPC.187(59)

·Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to regulations 1, 12, 13, 17 and 38 of MARPOL Annex I, Supplement to the IOPP Certificate and Oil Record Book Parts I and II)

Amendments to Annex I—entry into force 1 January 2011— Resolution MEPC.186(59)

·Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Addition of a new chapter 8 to MARPOL Annex I and consequential amendments to the Supplement to the IOPP Certificate, Form B).

Amendments to Annex I—entry into force 1 December 2008— Resolution MEPC.164(56)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Reception facilities outside special areas and discharge of sewage)

Amendments to Annex I—entry into force 1 August 2007— Resolution MEPC.141(54)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to regulation 1, addition to regulation 12A, consequential amendments to the IOPP Certificate and amendments to regulation 21 of the revised Annex I of MARPOL)

Text of Annex I of MARPOL—as at 1 January 2007— Resolution MEPC.117(52)

·Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Revised annex I of MARPOL)

(b)Annex II—Regulations for the Prevention of Pollution by Noxious Liquid Substances in Bulk

Amendments to MARPOL Annex II—entry into force 1 September 2017— Resolution MEPC.270(69)

·Amendments to the Annex of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (Amendments to MARPOL Annex II—Revised GESAMP Hazard Evaluation Procedure)

Amendments to Annex II—entry into force 1 January 2017— Resolution MEPC.265(68)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annexes I, II, IV and V to make the use of the environment related provisions of the Polar Code mandatory)

Amendments to Annex II—entry into force 1 January 2016— Resolution MEPC.246(66)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annexes I, II, III, IV and V to make the use of the III Code mandatory)

Amendments to Annex II—entry into force 1 January 2015— Resolution MEPC.238(65)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annexes I and II to make the RO code mandatory)

Amendments to Annex II—entry into force 1 August 2013— Resolution MEPC.216(63)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Regional Arrangements for Port Reception Facilities under MARPOL Annexes I, II, IV and V)

Text of Annex II of MARPOL—as at 1 January 2007— Resolution MEPC.118(52)  (as amended)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Revised Annex II of MARPOL)

International Bulk Chemical (IBC) Code given effect by Annex II Regulation 11—tankers constructed on or after 1 July 1986— Resolution MEPC.119(52)

·Amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code)

· Resolution MEPC.225(64)  Amendments to Chapters 17, 18 and 19 which entered into force 1 June 2014

· BLG.1/Circ.19  Products which have been classified or re-classified since the adoption of the amended IBC Code in 2004

· BLG.1 Circ.19/Corr.1  Products which have been classified or re-classified since the adoption of the amended IBC Code in 2004

Bulk Chemical (BCH) Code given effect by Annex II Regulation 11—tankers constructed before 1 July 1986— Resolution MEPC.144(54)

·Amendments to the Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (BCH Code)

(c)Annex III—Regulations for the Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form

Amendment to MARPOL Annex III—(Amendment to the appendix on criteria for the identification of harmful substances in packaged form) enter into force 1 March 2016— Resolution MEPC.257(67)

·Amendment to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973

Amendments to Annex III—entry into force 1 January 2016— Resolution MEPC.246(66)

Text of Annex III of MARPOL—as at 1 January 2014— Resolution MEPC.193(61)

Text of Annex III of MARPOL—as at 1 January 2010— Resolution MEPC.156(55)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to MARPOL Annexes I, II, III, IV and V to make the use of the III Code mandatory)

(d)Annex IV—Regulations for the Prevention of Pollution by Sewage from Ships

Amendments to Annex IV—entry into force 1 September 2017— Resolution MEPC.274(69)

·Amendments to the Annex of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Amendments to MARPOL Annex IV—Baltic Sea Special Area and Form of ISPP Certificate)

Amendments to Annex IV—entry into force 1 January 2017— Resolution MEPC.265(68)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to MARPOL Annexes I, II, IV and V to make the use of the environment-related provisions of the Polar Code mandatory)

Amendments to Annex IV—entry into force 1 January 2016— Resolution MEPC.246(66)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to MARPOL Annexes I, II, III, IV and V to make the use of the III Code mandatory)

Amendments to Annex IV—entry into force 1 August 2013— Resolution MEPC.216(63)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Regional Arrangements for Port Reception Facilities under MARPOL Annexes I, II, IV and V)

Amendments to Annex IV—entry into force 1 January 2013— Resolution MEPC.200(62)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Special Area Provisions and the Designation of the Baltic Sea as a Special Area under MARPOL Annex IV)

· MEPC 62/24/Corr.1 —contains several corrections to Resolutions MEPC.200(62)

Amendments to Annex IV—entry into force 1 December 2008— Resolution MEPC.164(56)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Reception facilities outside special areas and discharge of sewage)

Amendments to Annex IV—entry into force 1 August 2007— Resolution MEPC.143(54)

·Amendments to the Annex of the protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Addition of regulation 13 to Annex IV of MARPOL)

Text of Annex IV of MARPOL—as at 1 August 2005— Resolution MEPC.115(51)

·Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Revised Annex IV of MARPOL)

(e)Annex V—Regulations for the Prevention of Pollution by Garbage from Ships

Text of Annex V of MARPOL —as at 31 December 1988

Amendments to Annex V—entry into force 1 March 2018— Resolution MEPC.277(70)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to MARPOL Annex V—HME substances and Form of Garbage Record Book)

Amendments to Annex V—entry into force 1 January 2017— Resolution MEPC.265(68)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to MARPOL Annexes I, II, IV and V to make the use of the environment-related provisions of the Polar Code mandatory)

Amendments to Annex V—entry into force 1 January 2016— Resolution MEPC.246(66)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to MARPOL Annexes I, II, III, IV and V to make the use of the III Code mandatory)

Amendments to Annex V—entry into force 1 August 2013— Resolution MEPC.216(63)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Regional Arrangements for Port Reception Facilities under MARPOL Annexes I, II, IV and V)

Amendments to Annex V—entry into force 1 January 2013— Resolution MEPC.201(62)

·Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Revised MARPOL Annex V)

· MEPC 62/24/Corr.1 —contains several corrections to Resolutions MEPC.201(62)

Amendments to Annex V of MARPOL—entry into force 1 August 2005— Resolution MEPC.116(51)

·Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to the Appendix to Annex V of MARPOL)

Amendments to Annex V of MARPOL—entry into force 1 March 2002— Resolution MEPC.89(45)

·Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to Annex V of MARPOL)

Amendments to Annex V of MARPOL—entry into force 1 January 1997— Resolution MEPC.65(37)

·Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to Regulation 2 and new Regulation 9 of Annex V)

(f)Annex VI—Regulations for the Prevention of Air Pollution from Ships

Amendments to Annex VI—entry into force 1 January 2019— Resolution MEPC 286(71)

·Amendments to the Annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (to give effect to the Baltic Sea and North Sea NOx Emission Control Area and amend the Bunker Delivery Note)

Amendments to Annex VI—entry into force 1 March 2018— Resolution MEPC.278(70)

·Amendments to the Annex of the Protocol of 1997 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to MARPOL Annex VI Data collection system for fuel oil consumption of ships)

Amendments to Annex VI—entry into force 1 September 2017— Resolution MEPC.271(69)

·Amendments to the Annex of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Amendments to regulation 13 of MARPOL Annex VI—Record requirements for operational compliance with NOx Tier III emission control areas)

Amendments to MARPOL Annex VI—entry into force 1 March 2016— Resolution MEPC.258(67)

·Amendment to the Annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Amendments to regulations 2 and 13 and the Supplement to the IAPP Certificate)

Amendments to Annex VI—entry into force 1 January 2016— Resolution MEPC.247(66)

·Amendments to the Annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (to make the use of the III Code mandatory)

Amendments to Annex VI—entry into force 1 March 2015— Resolution MEPC.251(66)

·Amendments to the Annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Amendments to regulations 2, 13, 19, 20 and the Supplement to the IAPP Certificate under MARPOL Annex VI and certification of dual-fuel engines under the NOx Technical Code 2008)

Amendments to Annex VI—entry into force 1 August 2013— Resolution MEPC.217(63)

·Amendments to the Annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Regional Arrangements for port Reception Facilities under MARPOL Annex VI and Certification of Marine Diesel Engines fitted with selective catalytic reduction systems under the NOx Technical Code 2008)

Amendments to Annex VI—entry into force 1 January 2013— Resolution MEPC.203(62)

·Amendments to the Annex of the Protocol of 1997 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Inclusion of Regulations on Energy Efficiency for Ships)

· MEPC 62/24/Corr.1 —contains several corrections to Resolutions MEPC.203(62)

Amendments to Annex VI—entry into force 1 January 2013— Resolution MEPC.202(62)

·Amendments to the Annex of the Protocol of 1997 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Designation of the Caribbean Sea Emission Control Area)

· MEPC 62/24/Corr.1 —contains several corrections to Resolutions MEPC.202(62)

Amendments to Annex VI—entry into force 1 February 2012— Resolution MEPC.194(61)

·Amendments to the annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Revised form of Supplement to the IAPP Certificate)

Amendments to Annex VI—entry into force 1 August 2011— Resolution MEPC.190(60)

·Amendments to the Annex of the Protocol of 1997 to Amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (North American Emission Control Area)

Text of Annex VI of MARPOL—as at 1 July 2010— Resolution MEPC.176(58)

·Amendments to the Annex of the Protocol of 1997 to Amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Revised MARPOL Annex VI)

(1)    Norway is not a Member of the European Union. Norway contributes on the basis of equivalent national legislation and EU legislation by which they are bound as member of the European Economic Area (EEA).
(2)    Commission report on implementation and compliance with the sulphur standards for marine fuels set out in Directive (EU) 2016/802, COM(2018) 188 final, 16.4.2018.
(3)    Norway is not a Member of the European Union. Norway contributes on the basis of equivalent national legislation and EU legislation by which they are bound as member of the European Economic Area (EEA).
(4)    Norway is not a member of the European Union. Norway contributes on the basis of equivalent national legislation and EU legislation by which they are bound as member of the European Economic Area (EEA).
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