Protecting the unique environment and Eco- systems of the polar
regions against increased volume of shipping *THE POLAR CODE*
Presented by Helen Noble 23 April 2015
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The Problem
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To close for comfort?
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The Environmental Risks Oil spill Endangering wildlife, current
vegetation; Transport of alien species Garbage pollution
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When it goes wrong the MV Explorer
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Stranded passengers of the ice- bound Akademik
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Why now? New routes and increased traffic Mining, oil and gas
exploration Tourism Fishing
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Cruises
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Current Shipping Routes
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What it might look like by mid- century
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UNCLOS Article 234: Coastal States have the right to adopt and
enforce non-discriminatory laws and regulations for the prevention,
reduction and control of marine pollution from vessels in
ice-covered areas within the limits of the exclusive economic
zone...
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Antarctic Zero Discharge Protection MARPOL Annex 1 Control of
discharge of oil and reception facilities Prohibits any discharge
into the sea of oil or oily mixtures from any ship in the Antarctic
area; requires adequate reception facilities MARPOL Annex II
Prohibits any discharge into the sea of noxious liquid substances
or mixtures containing such substances in the Antarctic area MARPOL
Annex V Disposal of Garbage Prohibits the disposal into the sea of
all plastics and all other garbage; requires reception facilities,
with special rules for the Antarctic area
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Current prevention of oil pollution in polar regions Use and
carriage of heavy grade oil New chapter 9 of MARPOL Annex I,
establishing a ban on the use and carriage of heavy grade oils in
the Antarctic area - entered into force on 1 August 2011.
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The Polar Code What is it? The International Code for safety
for ships operating in polar waters Adopted November 2014 by the
IMO Maritime Safety Committee Applies to ships operating in Arctic
and Antarctic waters
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Aim of the Polar Code The Goal of this Code is to provide for
safe ship operation and the protection of the polar environment by
addressing risks present in polar waters and not adequately
mitigated by other instruments of the Organization Introduction
Section 1 Goal The Polar Code
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A mandatory Code under tacit acceptance The Polar Code Safety
SOLAS Adopted Nov 2014 Entry into force 1 Jan 2017 Environment
MARPOL Expected Adoption date May 2015 Entry into Force 1 Jan
2017
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Preamble of Polar Code 1.The International Code for Ships
Operating in Polar Waters has been developed to supplement existing
IMO instruments in order to increase the safety of ships' operation
and mitigate the impact on the people and environment in the
remote, vulnerable and potentially harsh polar waters. 3.The Code
also acknowledges that coastal communities in the Arctic could be,
and that polar ecosystems are vulnerable to human activities, such
as ship operation. 4 The relationship between the additional safety
measures and the protection of the environment is acknowledged as
any safety measure taken to reduce the probability of an accident,
will largely benefit the environment.
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Identified Hazards 1.ice; 2.topside icing; 3.low temperature;
4.extended periods of darkness or daylight; 5.high latitude;
6.remoteness and possible lack of accurate and complete
hydrographic data, reduced availability of navigational aids and
seamarks, limited readily deployable SAR facilities, delays in
emergency response and limited communications capability;
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Identified Hazards 7.potential lack of ship crew experience in
polar operations; 8.potential lack of suitable emergency response
equipment; 9.rapidly changing and severe weather conditions; 10.the
environment with respect to sensitivity to harmful substances and
other environmental impacts and its need for longer
restoration.
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What does it aim to cover? Ship Design Ship Construction and
equipment Operational and training issues SAR Protection of the
Environment
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Structure of the Code Divided into two parts Part I and Part II
Introduction mandatory parts to both Part I and Part II Part I
sub-divided part I-A mandatory provisions on safety measures and
part I-B recommendations safety Part II subdivided into part II-A
mandatory provisions on pollution prevention and part II-B
recommendations on pollution prevention
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Part II - A CHAPTERDESCRIPTION 1Prevention of Oil Pollution
2Prevention of Pollution by Noxious Liquid Substances 3Prevention
of Pollution by Harmful Substances in packaged form 4Prevention of
Pollution by Sewage from Ships 5Prevention of Pollution by
Garbage
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Elements of each chapter Goal Functional Requirements
Requirements to fulfil Functional Requirements
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Example Chapter One - Goal The goal of this chapter is to
provide for means to reduce and to the extent practicable prevent
harmful environmental impacts from oil from ships, taking into
account the particular environmental conditions and resilience
capabilities in polar waters.
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Example Chapter One -Functional Requirements In order to reduce
and to the extent practicable prevent harmful environmental impacts
from oil from ships the following functional requirements are
mandatory: 1. Plans, manuals, records and procedures and means
shall be provided to avoid environmental impact from oil or oily
mixtures during normal operation. 2 Ships shall be designed and
have plans to minimize the risk of any environmental impact from
oil or oily mixtures in case of an emergency situation, in
particular one that may lead to an oil spill in ice-covered
waters.
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Example Chapter One Requirements In order to comply with the
functional requirements the following apply: 1 any manuals and
records required by MARPOL Annex I shall take into account
operation in polar waters; and 2 any discharge into the sea of oil
or oily mixtures from any ship shall be prohibited.
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Non-Mandatory provisions General information section
recognising differences between Arctic and Antarctic and the
environment protection requirements Ships may on voluntary basis
not use or carry HFO in Arctic area In order to minimize the risk
of invasive aquatic species transfers via biofouling, measures
should be considered to minimize the risk of more rapid degradation
of anti-fouling coatings associated with polar ice operations.
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Is the Polar Code adequate? The Polar Code covers the full
range of design, construction, equipment, operational, training,
search and rescue and environmental protection matters relevant to
ships operating in waters surrounding the two poles. IMO briefing
statement 21 November 2014
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Criticisms John Maggs, President of the Clean Shipping
Coalition, Senior Policy Advisor Seas At Risk - The purpose of
developing the Polar Code was to make sure that increased Polar
shipping activity as a result of climate change did not put lives
and the environment at risk. Sadly, the negotiations have resulted
in a Code that falls far short of what is required. Without urgent
further strengthening, it is just a question of when, not if, an
incident occurs, with serious consequences for the delicate Arctic
and Antarctic environments. Sian Prior, shipping Advisor to the
Antarctic and Southern Ocean Coalition We have concerns that
lessons are not being learned from recent shipping incidents, and
Polar Code's adoption will do little to reduce risks to the
Antarctic environment. John Kaltenstein, Marine Policy Analyst with
Friends of the Earth U.S. - The Polar Code doesnt do nearly enough
to tackle substantial risks posed by shipping: use of noxious heavy
fuel oil in the Arctic, vessels operating with inadequate ice-
strengthening and structural stability, and disturbances of
wildlife, to name a few. The IMO and industry seem content to
dismiss or put off discussion on issues that really matter that
would truly diminish shippings impacts on the sensitive Arctic
environment and the regions residents. Sue Libenson, Pacific
Environment Arctic communities are especially dependent on marine
resources for food. While the Polar Code is a good step at
recognizing the special risks of Arctic shipping, it still fails to
directly address the highest potential risk of a heavy fuel oil
spill.
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Is the Polar Code adequate? Too weak Diluted Pollution
requirements in arctic waters more lax than those in the
Mediterranean Fails to address need to phase out the use of heavy
fuel oil in Arctic Seas although banned in Antarctica already Fails
to address noise pollution
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A promising start? Positive start to protecting assets, people
and the environment Room to enhance and develop further guidelines
Consensus takes time and patience! IMO meeting May to consider
adding further regulations related to pollution
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A Happy Ending!
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THANK YOU Helen Noble Campbell Johnston Clark [email protected]
Tel: +353 871336712