Management of Ships’ Ballast Water and Biofouling - Prevention of Pollution of the Marine Environment from Vessels - page 75

to ensuring a global prohibition on the application of organotin compounds which
act as biocides in anti-fouling systems on ships by 1 January 2003, and a complete
prohibition of the presence of organotin compounds which act as biocides in anti-
fouling systems on ships by 1 January 2008. 60
The International Convention on the Control of Harmful Anti-fouling Systems
(AFS Convention) on Ships was adopted on October 5, 2001 61 under the auspices of
IMO. The Convention entered into force on 17 September 2008 and, at present,
66 States are parties to it. 62
The Convention defines an anti-fouling system as ' a coating, paint, surface treat-
ment, surface, or device that is used on a ship to control or prevent attachment of
unwanted organisms . 63 It prohibits the use of organotin compounds which act as

biocides in anti-fouling systems, 64 and obligates parties to prohibit and/or restrict the
application, re-application, installation, or use of harmful anti-fouling systems on
ships. 65 It also obligates port States to prohibit the application, re-application, instal-
lation or use of such systems, whilst in the port, shipyard, or offshore terminal and to
take effective measures to ensure that ships comply with those requirements. 66 It
provides that, taking into account international rules, standards and requirements,
coastal States shall take appropriate measures in their territory to require that wastes
from the application or removal of an anti-fouling system controlled under this
Convention are collected, handled, treated and disposed of in a safe and environmen-
tally-sound manner to protect human health and the environment. 67
Although IMO was successful in establishing a legally binding framework for
the Control of Harmful Anti-fouling Systems, it is yet to establish a legal frame-
work for the elimination of the transfer of invasive aquatic species via biofouling of
ships. 68 The Conference of the Parties to the Convention on Biological Diversity
(CBD), in its sixth meeting in 2002, urged IMO “to develop as a matter of urgency,
mechanisms to minimize hull-fouling as an invasion pathway, and calls on Govern-
ments and relevant organizations to urgently act to ensure full implementation”. 69
In the 54th meeting of the MEPC, held in 2006, Australia reported on bio-fouling

'

60 Ibid.
61

International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001 , IMO
Doc. AFS/CONF/26 (5 October 2001) (entered into force 17 September 2008) (hereinafter Anti-
fouling Systems Convention).
62

Status of IMO Conventions, above note 50.

63

Anti-fouling Systems Convention, art. 2(2), see generally, Champ ( 2001 ).
64 Anti-fouling Systems Convention, annex 1.
65 Anti-fouling Systems Convention, art 4(1).
66 Anti-fouling Systems Convention, art 4(1).
67 Anti-fouling Systems Convention, art 5.
68 See generally, Roberts and Tsamenyi ( 2008 ).
69 COP 6 Decision VI/23, above note 17.