Reduction of Emissions of Greenhouse Gas (GHG) from Ships - Prevention of Pollution of the Marine Environment from Vessels - page 103

In 2011, 14 years after the adoption of the Kyoto Protocol, the MEPC has
adopted mandatory energy efficiency measures for international shipping. The
MEPC s measures can be touted as the first ever mandatory global GHG reduction

instrument for an international industry. The MEPC approved an amendment to
Annex VI of the 1973 International Convention for the Prevention of Pollution from
Ships (MARPOL 73/78). 5 This amendment added a new Chapter 4 to Annex VI of
the MARPOL Convention introducing a mandatory Energy Efficiency Design
Index (EEDI) for new ships and the Ship Energy Efficiency Management Plan
(SEEMP) for all ships. 6 A survey and certification system, which includes an
International Energy Efficiency Certificate, has also been introduced though this
amendment. 7 These regulations came into force on 1 January 2013. Despite serious
opposition from a few developing countries—Brazil, Chile, China, India, Kuwait
and Saudi Arabia—the State parties to the MARPOL Convention have decided that
this legal instrument will be equally applicable for vessels of all countries.
Considering the growth projections of human population and world trade, the
technical and operational measures may not be enough to reduce the amount of
GHG emissions from international shipping to a satisfactory level. Therefore, the
IMO is considering introducing market-based mechanisms that may serve two
purposes: providing a fiscal incentive for the maritime industry to invest in a
more energy efficient manner; and offsetting growing ship emissions. 8 Negotiations
are ongoing for the adoption of market-based measures to supplement previous
technical and operational measures.
Some leading developing countries which participate regularly in the negotiation
process voiced their serious reservations on the newly-adopted IMO regulations. They
stated that, by imposing the same obligations on all countries, irrespective of their
economic status, this amendment has seriously departed from the Principle of Com-
mon but Differentiated Responsibility (CBDR), which has always been the corner-
stone of international climate change law discourse. They also claimed that
negotiation for a market-based mechanism should not be continued without a clear
commitment from the developed countries to promote technical co-operation and to
transfer technology relating to the improvement of energy efficiency of ships. Against
this backdrop, this chapter presents a brief overview of already-adopted technical and
operational measures from the perspective of developing and least developed coun-
tries. This chapter will also briefly discuss proposed market-based measures.

'

5

International Convention for the Prevention of Marine Pollution from Ships, 1973, as modified
by the Protocol of 1978 relating thereto (MARPOL 73/78 ), opened for signature 17 February 1978,
1340 UNTS 61 (entered into force 2 October 1983) [MARPOL 73/78]; Resolution MEPC.203(62),
Report of the Marine Environment Protection Committee on Its Sixty-Second Session, ANNEX
19, IMO Doc. MEPC 62/24/Add.1 (26 July 2011).
6 See IMO, “Mandatory energy efficiency measures for international shipping adopted at IMO
environment meeting”, online: http://www.imo.org/MediaCentre/PressBriefings/Pages/42-mepc-
ghg.aspx , last accessed on 5 September 2013.
7 Ibid.
8 See IMO, “Greenhouse Gas Emissions”, online: http://www.imo.org/ourwork/environment/
pollutionprevention/airpollution/pages/ghg-emissions.aspx , last accessed on 5 September 2013.