International Maritime Organization (IMO) Adopts Convention to Prohibit Organotins in Anti-Fouling Paints

The International Maritime Organization (IMO) adopted the International Convention Convention on the Control of Harmful Anti-Fouling Systems on October 5, 2001. This Convention will prohibit the use of harmful organotins in anti-fouling paints used on ships. It will also establish a mechanism to prevent the potential future use of other harmful substances in anti-fouling systems.

The new Convention will require parties to the Convention to prohibit and/or restrict the use of harmful anti-fouling systems on:

• ships flying their flag,
• ships that are not entitled to fly their flag but which operate under their authority, and
• all ships of a Party that enter a port, shipyard or offshore terminal.

Ships of 400 gross tonnage and above engaged in international voyages (excluding fixed or floating platforms, FSUs and FPSOs) will be required to undergo an initial survey before the ship is put into service, or before the International Anti-fouling System Certificate is issued for the first time. An additional survey will be required when the anti-fouling systems are changed or replaced.

Ships of 24 meters or more in length but less than 400 gross tonnage engaged in international voyages (excluding fixed or floating platforms, FSUs and FPSOs) will have to carry a Declaration on Anti-fouling Systems, signed by the owner or authorized agent. Appropriate documentation, such as a paint receipt or contractor invoice, must accompany the declaration.

All ships:

• by January 1, 2003 shall not apply or re-apply organotins compounds that act as biocides in anti-fouling systems.
• by January 1, 2008 including fixed and floating platforms, floating storage units (FSUs), and Floating Production Storage and Offtake units (FPSOs) must either:
  
  • not have organotin compounds on their hulls or external parts or surfaces; or
  • have a barrier coating on top of non-compliant anti-fouling systems so that they cannot leach into the environment.

Article 12 of the Convention states that a ship shall be entitled to compensation if it is unduly detained or delayed while undergoing inspection for possible violations of the Convention. Article 6 on Process for Proposing Amendments to controls on anti-fouling systems explains how to evaluate an anti-fouling system.

A technical group will review proposals for other prohibited or restricted substances that are used in anti-fouling systems.

Enforcement: 12 months after 25 States representing 25% of the world's merchant shipping tonnage ratify it.

Source: IMO Press Release. (To access the press release click on Newsroom.)