HELSINKI COMMISSION HELCOM BSAP MARITIME EXP/2007

Expert Meeting for the Maritime Activities Segment

under the HELCOM Baltic Sea Action Plan
Helsinki, Finland, 30-31 August 2007

Agenda Item 2.1 Actions within Enforcement of international regulations – illegal

discharges
Document code: 2.1/1Rev.1
Date: 10.08.2007
Submitted by: Denmark

CLARIFICATION CONCERNING LEGAL IMPLICATIONS RELATED TO THE ACTIONS ON AFS

CONVENTION

This document replaces document 2.1/1 submitted 08.08.07

1. The International Convention on the Control of Harmful Anti-Fouling Systems on Ships

(the AFS Convention) has by May 31st - 2007 been ratified by 24 countries so far,
representing 16.63% of the world’s merchant shipping tonnage – against the required 25
countries, representing 25% of the world’s merchant shipping tonnage.
2. However, as announced at the 56th session of the Marine Environment Protection
Committee on 9-13 July 2007, Panama will, following approval from their Parliament,
accede to the AFS Convention very soon. According to 2006 world merchant fleet
statistics Panama owns 21.46% of the world’s merchant fleet which is enough to meet
the conditions for entry into force of the AFS Convention.
3. The notification of ratification by Panama is expected in August this year. The Convention
will enter into force 12 months after an instrument of ratification by Panama is deposited.
4. EU Regulation (EC) No. 782/2003 on the prohibition of organotin compounds on ships
prohibited the application or re-application of organotin compounds acting as biocides
in anti-fouling systems on ships flying the flag of an EU Member State from 1 July 2003
(Article 4). For ships flying the flag of a third State that enter a port or offshore terminal of
a Member State this prohibition (prohibition on applying TBT coatings) doesn’t apply
before entry into force of the AFS Convention.
5. At the same time, the EC Regulation requires as of 1 January 2008 ships flying the flag
of a Member State or any other ship that enter EU ports either not to bear organotin
compounds which act as biocides in anti-fouling systems on their hulls or external parts
and surfaces, or to bear a coating that forms a barrier to such compounds from the
underlying non-compliant anti-fouling system (Art. 5 (2)).
6. It is also important to remember that there might be new hazardous anti-fouling systems
recognized and listed in Annex 1 to the AFS Convention in the future, therefore all
HELCOM countries, including those obliged to follow EC Regulation on the subject
should ratify the Convention within an agreed timeframe.
7. Expecting entry into force of the AFS Convention in 2008 Denmark would like to propose
to delete the provision in the draft BSAP concerning sending a letter to the ship-owner.
Instead, we would like to focus on activities on efficient enforcement of the AFS
Convention. One of the possible actions could be to carry out a HELCOM project on
monitoring of compliance of ships with the requirements of the Convention similar to the
HELCOM/EMSA project on monitoring the banning of carriage of heavy grade oil in

Note by Secretariat: FOR REASONS OF ECONOMY, THE DELEGATES ARE KINDLY REQUESTED TO BRING THEIR OWN
COPIES OF THE DOCUMENTS TO THE MEETING

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 HELCOM BSAP MARITIME EXP/2007, Document 2.1/1

single hull tankers (Single Hull Tanker Project). Within the Single Hull Tanker Project a
system has been created to automatically detect banned ships (according to MARPOL
73/78) based on the Paris MOU Secretariat list of banned vessels and using the
HELCOM Automatic Identification System. Once the banned ship is detected, the VTS
operator can check the vessel’s cargo.

The Meeting is invited to agree on the reformulated provisions concerning the AFS
Convention in the draft HELCOM Baltic Sea Action Plan as follows:

WE WELCOME WITH APPRECIATION that the International Convention on the Control of

Harmful Anti-fouling Systems on Ships (AFS Convention), 2001, will enter into force at
[date].
WE AGREE by 2008-2009 to ratify the AFS Convention
WE FURTHER AGREE THAT as of January 1, 2008, no ships calling a HELCOM-port may
use organotin compounds which act as biocides in its antifouling system.
WE FURTHERMORE AGREE to promote the development of effective and safe TBT-free
antifouling systems on ships.
WE ALSO AGREE that HELCOM should play a proactive role concerning the effective
enforcement of the AFS Convention in the Baltic Sea area by developing a monitoring
system enabling the detection of non-compliant ships entering the HELCOM area. Such a
system should be based on the list to be developed and updated in co-operation with the
Paris Memorandum of Understanding on Port State Control and make use of the HELCOM
Automatic Identification System.

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