Environmental Engineering Reference
In-Depth Information
Port States have the right to prescribe compliance to the Energy Efficiency
Regulations as a condition for the entry of foreign vessels. According to UNCLOS
article 211(3), States “which establish particular requirements for the prevention,
reduction and control of pollution of the marine environment as a condition for the
entry of foreign vessels into their ports or internal waters or for a call at their
off-shore terminals shall give due publicity to such requirements and shall com-
municate them to the competent international organization.” MARPOL introduced
a system of certification. Most of the ships operating international maritime trans-
portation have to carry some certificates on board as prima face evidence of
compliance with the MARPOL Convention. Any country can inspect a ship to
verify these certificates while it is voluntarily in its port or offshore terminal. If
“there are clear grounds for believing that the condition of the ship or its equipment
does not correspond substantially with the particulars of the certificate”, the port
State can detain the ship. 51 According to the MARPOL Convention, “[w]ith respect
to the ship of non-Parties to the Convention, Parties shall apply the requirements of
the present Convention as may be necessary to ensure that no more favorable
treatment is given to such ships”. 52 The Energy Efficiency Regulations also intro-
duced a new certification and survey system within the MARPOL Convention.
They introduced a new certificate called the “International Air Pollution Prevention
Certificate”. 53 However, in relation to the Energy Efficiency Regulations, “any port
State inspection shall be limited to verifying, when appropriate, that there is a valid
International Energy Efficiency Certificate on board, in accordance with article 5 of
the Convention”. 54
From this discussion it is clear that, due to the unique characteristics of the
international shipping industry, mere non-ratification of the Energy Efficiency
Regulations will not give the developing countries who did not sign the amendment
a chance to avoid these regulations. Parties to the Energy Efficiency Regulations
may impose the adherence to these regulations as a condition of entry into their
ports. This situation heightens the importance of issues concerning the Principle of
Common but Differentiated Responsibility (CBDR Principle), providing assis-
tance, and technology transfer. Section 6.5 of this chapter discusses these issues.
6.4 Market-Based Measures (MBM)
As noted earlier, apart from the technical and operational measures, Member States
submitted a number of proposals for the introduction of Market-Based Measures
(MBMs) in the 57th session of MEPC held in 2010. 55 Cyprus, Denmark, the
51 MARPOL 73/78, art. 5.
52 MARPOL 73/78, art. 5 (4).
53 MARPOL 73/78, Annex VI, Reg. 6.
54 MARPOL 73/78, Annex VI, Reg. 10(5).
55 Davidson and Faber ( 2012 ), p. 148.
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