In its second Shipping Emissions guide, IMO provides an overview of the considerations a State needs to take into account in order to decide to accede to the 1997 Protocol and to give full effect to MARPOL Annex VI.
- Conducting an assessment of port emissions
- Steps for ports to develop an emissions reduction plan
- Guidance to create an emissions reduction policy
- Incorporating MARPOL Annex VI into national law
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The guide ‘Incorporation of MARPOL Annex VI into national law’ advises policy makers and legislators in countries preparing for accession to the 1997 Protocol or for contracting Parties to the 1997 Protocol which have not yet developed the legal framework to implement the regulations in MARPOL Annex VI in the domestic legislation.
The guide recommends undertaking a detailed assessment of a country’s existing policies, strategies, legislation and other measures that address emissions from ships. This legal and policy assessment will provide important information for the development of a national ship emissions reduction strategy.
Transforming an international treaty into national legislation is an exercise involving several steps. The principal steps may vary from State to State, but the general procedure starts with a political decision made by the executive arm of the government, such as the Cabinet, followed by the drafting of the legislation (or amendments to existing legislation) and its tabling in the Parliament.
Summary of the general steps needed to incorporate MARPOL Annex VI into national law:
- Conduct an assessment of existing policy, legal and institutional framework to determine the actions needed to accede to the 1997 Protocol or, where the State is already a Party to the Protocol, to incorporate amendments to MARPOL Annex VI into national legislation.
- Conduct a survey of existing legislation and identify any gaps that would be a barrier to accession or full implementation of the obligations under MARPOL Annex VI and devise appropriate changes to existing legislation.
- Prepare any enabling and subordinate legislation as may be required, for accession to the 1997 Protocol (if needed) and to incorporate the provisions of MARPOL Annex VI, including Chapter 4, into national legislation.
- Once the provisions have been incorporated, carry out practical implementation, through the establishment of appropriate compliance and enforcement mechanisms.
- Identify training and capacity building needs and tools and vehicles to address the needs, including technical cooperation.
- Provide for periodic review and updating of national legislation.
For all of these steps, consultations with stakeholders are strongly recommended. This could be done, for example, by holding national workshops or by using other, already established, consultation mechanisms. In addition, States may choose to take advantage of the opportunity provided by the decision to accede to the 1997 Protocol to develop a broader national policy framework to address maritime air emissions in general, including those associated with port activities.
Alternatively, a broader government policy to address air emissions from all sectors may have provided the impetus to include emissions from the maritime sector. This policy development may occur as part of the assessment undertaken for the decision on whether to accede or as a separate policy initiative.
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