1、 Ant i-Fou I i ng Systems International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001 (AFS 2001) and Guidelines for survey and certification of anti-fouling systems on ships (resolution MEPC.102(48), Guidelines for brief sampling of anti-fouling systems on ships (resolutio
2、n MEPC.104(49), and Guidelines for inspection of anti-fouling systems on ships (resolution MEPC.105(49). INTERNATIONAL MARITIME ORGANIZATION London, 2005 First published in 2003 by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London SE1 7SR Second edition 2005 Printed in the United K
3、ingdom by the International Maritime Organization 2 4 6 8 10 9 7 5 3 1 ISBN 92-801-41 95-3 IMO PUBLICATION I Sales number: IA680E 1 Copyright 0 IMO 2005 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electr
4、onic, electrostatic, magnetic tape, mechanical, photocopying or otherwise, without prior permission in writing from the lnternational Maritime Organization. Foreword The harmful effects of anti-fouling systems were considered by the International Maritime Organizations Marine Environment Protection
5、Committee (MEPC) for the first time in 1988, when the Paris Commission requested the MEPC to consider the need for measures to restrict the use of tributyltin (TBT) compounds on seagoing vessels. As a first step, the Committee at its thirtieth session in 1990 adopted resolution MEPC.46(30) on “Measu
6、res to control potential adverse impacts associated with the use of tributyltin compounds in anti-fouling paints”, which recommends that IMO Member Governments adopt measures to eliminate the use of anti- fouling paint containing TBT on non-aluminium-hulled vessels of less than 25 m in length and el
7、iminate the use of TBT-based anti-fouling paints with an average leaching rate of more than four micrograms of organotin per square centimetre per day. These recommendations were intended to be interim measures until IMO could consider a possible total prohibition of TBT compounds in anti-fouling sy
8、stems. From 1990 onwards, MEPC was presented with TBT monitoring results which reconfirmed the toxicity of TBT compounds, as well as with information on existing alternatives, including their effectiveness and the risk posed to the marine environment by these systems. The twenty-first session of the
9、 IMO Assembly in 1999 adopted resolution A.895(2 1 ) urging MEPC to work towards the expeditious development of a global legally binding instrument to address the harmful effects of anti- fouling systems used on ships. The resolution states that the global instrument, to be developed by MEPC, should
10、 ensure a global prohibition of the application of organotin compounds which act as biocides in anti- fouling systems on ships by 1 January 2003 and a complete prohibition on the presence of organotin compounds which act as biocides in anti-fouling systems on ships by 1 January 2008. A working group
11、 was established at MEPC, which took on the task of developing such a draft instrument. In accordance with Article 2(b) of the Convention on the International Maritime Organization, the MEPC at its forty-third session recommended, and the twentieth extraordinary session of the Council decided, to co
12、nvene a diplomatic conference to consider the adoption of a legal instrument on the control of harmful anti-fouling systems on ships. In accordance with the decision of the Council, the International Conference on the Control of Harmful Anti-Fouling Systems for Ships, 2001, was convened by IMO and h
13、eld in London at its Headquarters from 1 to 5 October 2001. The Conference adopted the International Conven- tion on the Control of Harmful Anti-Fouling Systems on Ships, 2001 (the AFS Convention), together with four Conference resolutions, relating to the . 111 Foreword early and effective applicat
14、ion of the AFS Convention, future work by the Organization pertaining to the AFS Convention, approval and test methodologies for anti-fouling systems on ships and the promotion of technical co-operation . Article 1 l(l)(b) and (2) and regulation 1(4)(a) of annex 4 of the AFS Convention refer to the
15、following guidelines to be developed by the Organization: .I Guidelines for survey and certification of anti-fouling systems on ships; .2 Guidelines for brief sampling of anti-fouling systems on ships; and .3 Guidelines for inspection of ships anti-fouling systems on ships. Conference resolution 2 u
16、rges the Organization to develop the above- mentioned guidelines as a matter of urgency for them to be adopted before the entry into force of the AFS Convention, with a view to facilitating global and uniform implementation of the AFS Convention. This 2005 edition, reproduces the texts of the Intern
17、ational Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001, the four Conference resolutions, and the Guidelines developed and adopted by the Organization. iv Contents Page International Convention on the Control of Harmful Anti-Fouling Systems on Ships. 2001 Article 1 Article 2
18、 . Definitions . Article 3 . Application Article 4 . Controls on anti-fouling systems . Article 5 . Controls of annex 1 waste materials . . General obligations Article 6 . Process for proposing amendments to controls on anti-fouling systems Article 7 . Technical groups . Article 8 . Scientific and t
19、echnical research and monitoring . Article 9 . Communication and exchange of information . Article 10 . Survey and certification . Article 11 . Inspections of ships and detection of violations Article Article Article Article Article 2 . Violations 3 . Undue delay or detention of ships . 4 . Dispute
20、settlement 5 . Relationship to international law of the sea 6 . Amendments . Article 1 7 . Signature. ratification. acceptance. Article 18 . Entry into force Article 19 . Denunciation . Article 20 . Depositary Article 21 . Languages . approval and accession . 1 4 6 11 12 12 13 13 V Con tents Annex 1
21、 : Controls on anti-fouling systems . Annex 2: Required elements for an initial proposal . Annex 3: Required elements of a comprehensive proposal . Annex 4: Surveys and certification requirements for anti-fouling systems . Resolutions adopted by the Conference Resolution 1 - Early and effective appl
22、ication of the International Convention on the Control of Harmful Anti-Fouling Systems on Ships Resolution 2 - Future work by the Organization pertaining to the International Convention on the Control of Harmful Anti-Fouling Systems on Ships . Resolution 3 - Approval and test methodologies for anti-
23、fouling systems on ships Resolution 4 - Promotion of technical co-operation Guidelines developed by the Organization Guidelines for survey and certification of anti-fouling systems on ships (resolution MEPC.1 OZ(48) Guidelines for brief sampling of anti-fouling systems on ships (resolution MEPC.104(
24、49) Guidelines for inspection of anti-fouling systems on ships (resolution MEPC.105(49) Page 14 15 16 18 27 28 29 30 33 41 63 vi INTERNATIONAL CONVENTION ON THE CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON SHIPS, 2001 THE PARTIES TO THIS CONVENTION, NOTING that scientific studies and investigations by
25、 Governments and competent international organizations have shown that certain anti-fouling systems used on ships pose a substantial risk of toxicity and other chronic impacts to ecologically and economically important marine organisms and also that human health may be harmed as a result of the cons
26、umption of affected seafood, NOTING IN PARTICULAR the serious concern regarding anti-fouling systems that use organotin compounds as biocides and being convinced that the introduction of such organotins into the environment must be phased-out, RECALLING that Chapter 17 of Agenda 21 adopted by the Un
27、ited Nations Conference on Environment and Development, 1992, calls upon States to take measures to reduce pollution caused by organotin compounds used in anti-fouling systems, RECALLING ALSO that resolution A.895(21), adopted by the Assembly of the International Maritime Organization on 25 November
28、 1999, urges the Organizations Marine Environment Protection Committee (MEPC) to work towards the expeditious development of a global legally binding instrument to address the harmful effects of anti-fouling systems as a matter of urgency, MINDFUL OF the precautionary approach set out in Principle 1
29、5 of the Rio Declaration on Environment and Development and referred to in resolution MEPC.67(37) adopted by MEPC on 15 September 1995, RECOGNIZING the importance of protecting the marine environment and human health from adverse effects of anti-fouling systems, RECOGNIZING ALSO that the use of anti
30、-fouling systems to prevent the build- up of organisms on the surface of ships is of critical importance to efficient commerce, shipping and impeding the spread of harmful aquatic organisms and pathogens, RECOGNIZING FURTHER the need to continue to develop anti-fouling systems which are effective an
31、d environmentally safe and to promote the substitution of harmful systems by less harmful systems or preferably harmless systems, HAVE AGREED as follows: Article 1 General obligations (1) Each Party to this Convention undertakes to give full and complete effect to its provisions in order to reduce o
32、r eliminate adverse effects on the marine environment and human health caused by anti-fouling systems. 1 Control of anti-fouling systems, 200 1 (2) The annexes form an integral part of this Convention. Unless expressly provided otherwise, a reference to this Convention constitutes at the same time a
33、 reference to its annexes. (3) No provision of this Convention shall be interpreted as preventing a State from taking, individually or jointly, more stringent measures with respect to the reduction or elimination of adverse effects of anti-fouling systems on the environment, consistent with internat
34、ional law. (4) implementation, compliance and enforcement of this Convention. (5) anti-fouling systems that are effective and environmentally safe. Parties shall endeavour to co-operate for the purpose of effective The Parties undertake to encourage the continued development of Article 2 Definitions
35、 For the purposes of this Convention, unless expressly provided otherwise: (1) Administration means the Government of the State under whose authority the ship is operating. With respect to a ship entitled to fly a flag of a State, the Administration is the Government of that State. With respect to f
36、ixed or floating platforms engaged in exploration and exploitation of the sea- bed and subsoil thereof adjacent to the coast over which the coastal State exercises sovereign rights for the purposes of exploration and exploitation of their natural resources, the Administration is the Government of th
37、e coastal State concerned. (2) Anti-fouling system means a coating, paint, surface treatment, surface, or device that is used on a ship to control or prevent attachment of unwanted organisms. (3) the Organization. (4) Gross tonnage means the gross tonnage calculated in accordance with the tonnage me
38、asurement regulations contained in annex 1 to the International Convention on Tonnage Measurement of Ships, 1969, or any successor Convention. Committee means the Marine Environment Protection Committee of (5) lnternational voyage means a voyage by a ship entitled to fly the flag of one State to or
39、from a port, shipyard, or offshore terminal under the jurisdiction of another State. (6) Length means the length as defined in the International Convention on Load Lines, 1966, as modified by the Protocol of 1988 relating thereto, or any successor Convention. (7) (8) Organization means the Internati
40、onal Maritime Organization. Secretary-General means the Secretary-General of the Organization. 2 Articles I, 2, 3, 4 (9) Ship means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft, fixed or floating
41、platforms, floating storage units (FSUs) and floating production storage and off-loading units (FPSOs). (10) Technical Group is a body comprised of representatives of the Parties, Members of the Organization, the United Nations and its Specialized Agencies, intergovernmental organizations having agr
42、eements with the Organization, and non-governmental organizations in consultative status with the Organization, which should preferably include representatives of institutions and laboratories that engage in anti-fouling system analysis. These representatives shall have expertise in environmental fa
43、te and effects, toxicological effects, marine biology, human health, economic analysis, risk management, international shipping, anti-fouling systems coating technology, or other fields of expertise necessary to objectively review the technical merits of a comprehensive proposal. Article 3 Applicati
44、on (1) Unless otherwise specified in this Convention, this Convention shall apply to: (a) ships entitled to fly the flag of a Party; (b) ships not entitled to fly the flag of a Party, but which operate under the authority of a Party; and (c) ships that enter a port, shipyard, or offshore terminal of
45、 a Party, but do not fall within subparagraph (a) or (b). (2) This Convention shall not apply to any warships, naval auxiliary, or other ships owned or operated by a Party and used, for the time being, only on government non-commercial service. However, each Party shall ensure, by the adoption of ap
46、propriate measures not impairing operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practicable, with this Convention. (3) With respect to the ships of non-Parties to this Convention, Parties shall app
47、ly the requirements of this Convention as may be necessary to ensure that no more favourable treatment is given to such ships. Article 4 Controls on an ti-fouling systems (1) shall prohibit and/or restrict: In accordance with the requirements specified in annex 1, each Party (a) the application, re-
48、application, installation, or use of harmful anti- fouling systems on ships referred to in article 3(l)(a) or (b); and 3 I Control of anti-fouling systems, 200 1 (b) the application, re-application, installation or use of such systems, whilst in a Partys port, shipyard, or offshore terminal, on ship
49、s referred to in article 3(l)(c), and shall take effective measures to ensure that such ships comply with those requirements. (2) Ships bearing an anti-fouling system which is controlled through an amendment to annex 1 following entry into force of this Convention may retain that system until the next scheduled renewal of that system, but in no event for a period exceeding 60 months following application, unless the Committee decides that exceptional circumstances exist to warrant earlier implementation of the control. Article 5 Controls of annex
