INTERNATIONAL MARITIME ORGANIZATION
E
IMO
MARINE ENVIRONMENT PROTECTION
COMMITTEE
53rd session
Agenda item 15
MEPC 53/15/1
13 May 2005
Original: SPANISH
HARMFUL ANTI-FOULING SYSTEMS FOR SHIPS
Progress report on initial measures to tackle the problem of marine environmental
pollution caused by the use of tributyltin (TBT)-based anti-fouling paints in Venezuela
Submitted by Venezuela
SUMMARY
Executive summary: In matters relating to control of the use of tributyl tin-based (TBT)
anti-fouling paints on ships, Venezuela is acting to comply with the
guidelines issued by IMO through the International Convention on the
Control of Harmful Anti-Fouling Systems on Ships, 2001, and the
Organization’s resolutions. In its capacity as maritime authority, the
National Institute for Aquatic and Island Spaces (INEA) has begun a
process of formulating and introducing environmental policies and all
necessary legal instruments, with a view to ensuring compliance with
the relevant national and international standards and, ultimately,
reducing marine environmental pollution.
Action to be taken:
Paragraph 21
Related document:
None
Introduction
1
As a member of the International Maritime Organization, Venezuela complies with that
body’s resolutions. IMO regulations state that, as from 1 January 2003 and until 1 January 2008,
all fleets must spend a period in dry dock so that the TBT found in the anti-fouling paints used on
their ships can be replaced. Failing this, they must put into dry dock by 1 January 2008. The
regulations also state that countries that fail to apply this resolution will not be able to trade with
the European Union, the United States, Australia, Japan, Canada and others with effect from
1 January 2008. Moreover, a port State will have the power to expel any vessel that does not
carry an anti-fouling system (AFS) certificate.
For reasons of economy, this document is printed in a limited number. Delegates are
kindly asked to bring their copies to meetings and not to request additional copies.
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2
INEA also has the task of formulating a policy on the aquatic environment, in addition to
all the legal instruments necessary to comply with national and international environmental
regulations. Because of its effect on aquatic spaces and the life of their inhabitants, marine
pollution caused by organotin-based anti-fouling paints is one of INEA’s main concerns.
3
Great efforts have been made to adapt Venezuelan legislation on environmental matters.
For example, the 1999 Constitution of the Republic makes provision in its Chapter IX for
environmental rights, which establish the importance of protecting the environment for the
benefit of present and future generations.
4
Again, article 127 of the Constitution of 1999 obliges the State to protect the environment,
biodiversity and other areas of special ecological importance; the State also has a basic obligation
to ensure that the population lives in an environment free of pollution in which air, water, soil,
the coasts, the climate, the ozone layer and living species are given special protection in
accordance with the law.
5
Additional support is provided by the Decree on Coastal Areas, which has the force of
law: its article 7 provides for the protection of biodiversity, the control, correction and removal of
the causes of pollution on land and at sea, the monitoring and control of activities capable of
harming the environment, the promotion of research and the use of appropriate technology for
environmental conservation and rehabilitation.
Activities carried out in Venezuela to tackle the problem of marine environmental pollution
caused by the use of TBT-based anti-fouling paints
6
Having completed a period of gathering design information in connection with the use of
TBT-based anti-fouling paints on ships at Venezuelan shipyards, INEA has become aware of the
scale of the problems affecting the country’s marine environment, especially along the coasts.
7
Our study has led to a number of interesting findings that can assist and guide
decision-making by national government and by the private interests concerned with the use of
these paints. We learned that TBT was formerly used in Venezuela, and is currently being used.
Our study reveals that for more than 10 years Venezuela has been using paints based on cuprous
oxide rather than TBT. We have also found that in eastern Venezuela TBT-based paints are being
smuggled from certain Caribbean islands and used at the initiative of the shipping industry.
8
Details from the information-gathering exercise conducted among Venezuelan
shipowners and the shipping industry are given below.
9
Seventy per cent of the shipping industry in Venezuela is not familiar with the AFS
Convention, which emphasizes its poor level of distribution, despite the fact that these are the
people responsible for applying anti-fouling paints.
10
Ninety per cent of shipowners are familiar with the AFS Convention, which shows that,
by comparison with the shipping industry, the shipowning sector is better informed about these
matters. This has to do with the fact it is more attentive to new regulations affecting the shipping
world, largely because of the risk of incurring sanctions at ports owing to non-compliance,
especially ports in the European Union, the United States, Australia, Japan and Canada.
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11
Seventy per cent of the shipyards questioned knew about the dangers of TBT, but it is
interesting to note that, although unaware that a convention exists at international level to
regulate the use of harmful systems on ships, they understand the damaging effect that TBT has
on the marine aquatic environment, including its flora and fauna, since they have experienced
how powerful this biocide has been in removing fouling from hulls and how long-lasting its
effects are - a factor they regarded as leading to high pollution levels. The results showed that
ninety per cent of shipowners understand the harmful effects of TBT.
12
On the subject of introducing regulations to prohibit the use of TBT in anti-fouling paints,
or any other biocide harmful to the environment, 80 per cent of the docks and shipyards sector
agreed with regulations to ban TBT, and that other harmful biocides should be regulated in the
future. In addition, 90 per cent of shipowners shared that opinion, enabling us to conclude that
none of the sectors questioned objected to the existence of regulations.
13
With regard to the impact on the shipping industry of eliminating TBT-based anti-fouling
paints, the results were very interesting, since before the research was carried out it was not
known what types of paint were used in Venezuela, and the assumption therefore was that
TBT-based paint was applied. However, this turned out to be a false assumption, with 70 per cent
of the docks and shipyards questioned stating that there had been no impact, as for ten years
Venezuela had used cuprous oxide-based paints, which are nothing like organotin-based paints.
Twenty per cent of the sector felt that the impact was high, and ten per cent that it was moderate.
14
In contrast to what was said by the industry, 60 per cent of shipowners replied that the
impact was high owing to the fact that, for many years, TBT and all the organotin components
had been highly effective in controlling fouling on hulls and were powerful biocides: if they were
banned, the shipowners would have to manage with less effective replacement products, and
there would be widespread discontent because of the need for more frequent visits to dry dock, in
some cases annually and in others every two years. This was the case of the tanker Agean Amuay,
which had surprised all observers by recording an increase of more than a metre of fouling in less
than a year.
15
In response to the question whether they had used alternative paints or techniques that
did not employ TBT, 60 per cent of shipyards replied that their use was high. However, the
results showed that paints not containing TBT had been used in a manner consistent with what
was said before on the impact of eliminating TBT from paint. Thirty per cent of those questioned
in this sector stated that they used alternatives to a moderate extent and 10 per cent did not know
if they used them.
16
In fact, in Venezuela the shipping industry does not use alternative types of paint, because
little is known about their effectiveness in protecting against fouling, and the costs involved are
high. Currently, what the industry regards as alternative technology is paint based on cuprous
oxide. It is important to mention that 30 per cent of the docks and shipyards that use alternative
paints to a moderate degree do so because the shipowners supply the paint, which implies that the
paints may or may not contain TBT. The remaining 10 per cent of docks and shipyards stated that
they did not know what type of paint they used, thus demonstrating a complete lack of awareness:
it is incomprehensible that a dock or shipyard does not know what type of paint it uses. These
results are similar to those obtained for shipowners.
17
References to alternative paints generally mean those made with copolymers and fibres,
which have not been used in Venezuela because they would lead to a five- or tenfold increase in
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painting costs. It was noted that there was a general consensus among shipowners not to use such
expensive paints, and that in their opinion the alternative paints had not been tested sufficiently.
18
On the subject of carrying an international AFS certificate on ships and being banned
from entering foreign ports for failure to do so, 50 per cent of shipowners were not aware of this
requirement. The shipowners in question were involved in fishing and coastal operations,
whereas shipowners who traded internationally (tankers, container ships) were aware of the
requirement.
19
Recently in Venezuela the awareness has been growing that human survival depends on a
clean and pollution-free environment. In response to demands made by States, compulsory use of
environmentally friendly technologies is being made, but these are costly and beyond the means
of many companies. Unless a compulsory legal instrument is introduced which is geared more to
prevention than to the repair of environmental damage, the problem of pollution will never be
tackled successfully.
20
Following completion of the research whose results have just been described, INEA took
the following action:
.1
There is a patent lack of knowledge in this area, and the subject has not been
widely discussed. Through INEA, the government must disseminate all relevant
information on this subject. To that end an information campaign has been
launched, focusing on these matters, the consequences for the marine environment
of using TBT, and new alternative technologies for anti-fouling paints.
.2
INEA, acting in its capacity as maritime authority and taking into account the
provisions of the International Convention on the Control of Harmful
Anti-Fouling Systems on Ships, 2001, and other relevant resolutions, has begun
drafting legislation entitled “Regulations for Prohibiting the Use of TBT-based
Anti-Fouling Paints”, whose objective is to reduce or eliminate the adverse effects
on the marine environment and human health of the organotin compounds that
function as active biocides in the anti-fouling systems used by the ships,
regardless of flag, that enter and leave Venezuelan ports.
.3
The International Convention on the Control of Harmful Anti-Fouling Systems on
Ships, 2001, is being scrutinized by the National Assembly with a view to
approval and subsequent ratification with the International Maritime Organization.
Action requested of the Committee
21
The Committee is invited to take note of the information provided and take the action it
deems necessary.
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