International Code for Ships Operating in Polar Waters

The International Code for Ships Operating in Polar Waters or Polar Code is an international regime adopted by the International Maritime Organization (IMO) in 2014.^[1]

Background

The Polar Code is a proposed binding international framework to protect the two polar regions—Arctic (north pole region) and Antarctic (south pole region)—from maritime risks.^[2] The Polar Code stems from previous IMO documents, including voluntary guidelines in both 2002^[3] and 2010.^[4] The Polar Code is being developed in consideration of existing treaties that encompass safety (International Convention for the Safety of Life at Sea or "SOLAS") and environmental protections (the International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978 or "MARPOL").^[5]

Scope of subject matter

The International Maritime Organization (IMO) is currently developing the Polar Code, which would cover the full range of design, construction, equipment, operational, training, search and rescue and environmental protection matters relevant to ships operating in the inhospitable waters surrounding the two poles. Anyway the Code will not be in force for ships less than 500GT, fishing vessels or those entitled to sovereign immunity. Many environmental protections are already effective in Antarctica and not yet in effect in the Arctic. For example, A new regulation from MARPOL now protects the Antarctic from pollution by heavy grade oils. This measure was adopted by the Marine Environment Protection Committee (MEPC), at its 60th session in March, 2010. The measure entered into force on 1 August 2011.^[2] However, this regulation does not apply to Arctic ship operations.

Recent progress

As part of ongoing international work on the Polar Code, an IMO Workshop on the code's Environmental Aspects was held in Cambridge, United Kingdom, in September 2011. The report and some of the presentations from the workshop can be found on the IMO's website.^[6] In February 2012, the IMO's Marine Safety Committee ("MSC") released a report detailing progress on the Polar Code. As of 2012, the MSC "decided to keep any decision on environmental requirements to be included in the Code in abeyance, pending further consideration at DE 57 [2013].".^[7] In November 2014, the Polar Code was approved by the MSC, but will be tabled in the assembly in December 2014 and the MEPC in 2015 for final approval. Even if approved in 2015, it will come into effect only in 2017 for new ships and 2018 for existing ships^[1]

Criticism

Many industry bodies and environmental groups termed the final draft Polar code of 2014 as "too weak" and "diluted". The pollution requirements in the arctic waters are even more lax than those in the Mediterranean sea, allowing ships to throw food waste overboard in arctic waters 12 miles from ice.^[8] The structural requirements too were found lax, for instance being ice classed is not a requirements for ships making one arctic passage. Polar Certification does not require a physical separate survey and the polar code allows this to be simply sent by email.^[9]

The Polar Code is not addressing whole groups of vessels as well as many known issues. The fishing vessels and those less than 500GT don’t need to comply with the Code. The air pollution and “green house” gasses are not even mentioned in the Polar Code. There are recommendations about Ballast water management and anti-fouling paint which leaves the choice to comply or not to the vessel. ^[10]

It is expected that countries like Canada and environmental organisations like Greenpeace will object to this in the December IMO assembly and MEPC 2015 and prevent it from being passed in its current diluted form.^[11]

References