Parties to the treaties which regulate the dumping of wastes at sea have reiterated, in a statement, their concern about marine engineering techniques, which have the potential for deleterious effects that are widespread, long-lasting or severe. They state that such marine geoengineering activities, other than legitimate scientific research, should be deferred, sources IMO.
Marine Geoengineering Statement
The statement was adopted by the 45th Consultative Meeting of Contracting Parties to the London Convention and the 18th Meeting of Contracting Parties to the London Protocol (LC 45/LP 18), which met at the International Maritime Organization (IMO) Headquarters from 2-6 October 2023.
The statement says that:
- each of the four marine geoengineering techniques prioritized for evaluation has the potential for deleterious effects that are widespread, long-lasting or severe; and
- There is considerable uncertainty regarding their effects on the marine environment, human health, and on other uses of the ocean.
The governing bodies of the London Convention and Protocol reiterate the urgency of the work to evaluate marine geoengineering techniques, against the background of the rapidly growing interest into marine geoengineering techniques and the number and diversity of marine geoengineering projects that have either been conducted, are currently being undertaken or are planned for the future and that in some cases are being driven by commercial interests. Marine geoengineering techniques include both marine carbon dioxide removal and solar radiation management. Four techniques which are or have been evaluated are ocean alkalinity enhancement; biomass cultivation for carbon removal; marine cloud brightening; and surface albedo enhancement involving reflective particles and/or other materials.
Background
In 2008 Parties to the LP and LC adopted a resolution (LC-LP.1 (2008)), which states that ocean fertilization activities fall within the purview of the LC/LP and that ocean fertilization activities other than legitimate scientific research should not be allowed. A further resolution (LC-LP.2 (2010)) on the “Assessment Framework for Scientific Research involving Ocean Fertilization,” proposed that proposed research projects should be assessed to determine if they qualify as legitimate scientific research.
Together, these resolutions apply to all LC Contracting Parties and continue to apply to LP Contracting Parties, pending the entry into force of the 2013 amendment to the London Protocol. The 2013 amendment will, when in force, create a legally binding regime providing a science based, global, transparent and effective regulatory and control mechanism for marine geoengineering. The amendment enables the future regulation of marine geoengineering techniques that fall within the scope of the London Protocol and have the potential to cause widespread, long-lasting or severe impacts on the marine environment. The 2013 amendment has received six instruments of acceptance to date, from: the United Kingdom, Finland, the Kingdom of the Netherlands, Norway, Estonia and Germany. It requires acceptance by two thirds of the Contracting Parties to enter into force.
Legal Intersessional Correspondence Group
The Legal Intersessional Correspondence Group was re-established, to: determine actions with respect to implementation of the 2013 amendment before entry into force; pursue a legal analysis (of current marine geoengineering regulation under LC/LP); continue to develop text for potential listing of new techniques in the London Protocol (LP) annex; identify and take actions to raise awareness of the work of the LP/LC on marine geoengineering; consider the implementation of a roster of experts on marine geoengineering. The governing bodies confirmed that the correspondence group confirmed that LICG should maintain the policy assumption that only legitimate scientific research of the four MGE techniques under evaluation should be considered for potential listing on LP annex 4 given the current state of knowledge.
Revised Guidance
The meetings approved the Revised guidance on best management practices for removal of anti-fouling coatings from ships. The guidance updates previous guidance (LC-P.1/Circ.31/Rev.1). New additions include reference to new controls on controls on cybutryne, under amendments to the Anti-fouling Systems convention which entered into force on 1 January 2023; and to the IMO Guidelines for the control and management of ships’ biofouling to minimize the transfer of invasive aquatic species (resolution MEPC.207(62) and revised by MEPC 80) and the 2012 Guidance for minimizing the transfer of invasive aquatic species as biofouling (hull fouling) for recreational craft (MEPC.1/Circ.792).
CO2 Sequestration In Sub Seabed
Carbon capture and sequestration in sub-sea geological formations is regulated under amendments adopted in 2009 to Annex 1 of the London Protocol. These amendments created a legal basis in international environmental law to regulate carbon capture and storage in sub-seabed geological formations for permanent isolation. This practice would typically apply to large point sources of CO2 emissions, including power plants and cement works, but excludes the use of such CO2 waste streams for enhanced oil recovery. The amendment will enter into force 60 days after two-thirds of the Contracting Parties have deposited an instrument of acceptance with the Organization.
The meetings noted that, to date, 10 States had deposited an instrument of acceptance of the 2009 amendment to article 6, namely: Norway (July 2011), United Kingdom (November 2011), Kingdom of the Netherlands (November 2014), Islamic Republic of Iran (November 2016), Finland (October 2017), Estonia (February 2019), Sweden (July 2020), Denmark (January 2022), Republic of Korea (April 2022) and Belgium (September 2022). Following the adoption of a resolution to allow provisional application of the amendment to article 6 (resolution LP.5(14), 2019), Seven Governments had deposited declarations of provisional application of the 2009 amendment (Belgium, Denmark, Kingdom of the Netherlands, Norway, Republic of Korea, Sweden and United Kingdom).
The meetings endorsed the decision of the Scientific Groups to establish a Correspondence Group on Experiences with the Carbon Dioxide Streams Assessment Guidelines and encouraged Contracting Parties to share relevant and up-to-date information on all scientific, technical as well as legal aspects of CO2 sequestration projects through submissions to the next joint session of the Scientific Groups in 2024.
Disposal Of Fiberglass Vessels
The meetings noted the ongoing work in the Scientific Groups regarding the development of recommendations on disposal of fiberglass vessels, including the Groups’ invitation to the governing bodies to continue to engage UNEP and other competent bodies to develop a strategy to encourage FRP vessel manufacturers manufacturers, specifically, and where appropriate other elements of the composites industry, to develop processes and procedures for the safe and environmentally protective end-of-life management of these materials with an emphasis on recycling/reuse. The Scientific Groups have agreed that FRP vessels should not be disposed at sea except in cases, limited to SIDS, where there was no other disposal alternative and/or it was the best available option in terms of current technology, and only as an option of last resort and must be accompanied by documentation to include decision rationale with consideration of all other potential FRP end-of-life management alternatives. It should be further emphasized that this, even for SIDS, should be considered only as an interim option until such time as a more sustainable solution could be identified and accompanying guidance developed.
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Source: IMO
