IMO's report from the LC 45/LP 18 meeting

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) met at the International Maritime Organization (IMO) Headquarters from 2-6 October 2023.

The 1972 London Convention and its 1996 Protocol regulate dumping of wastes and other matter at sea. These consultative meetings of Contracting Parties to those treaties address all issues that come under their remit, including assessing waste for which dumping at sea may be permitted, radioactive wastes, marine geoengineering and carbon capture and storage.

Here is the report from the meeting shared from the IMO's website:

Marine geoengineering - statement

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.

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.

In addition, the governing bodies are of the view that there are risks of adverse environmental impacts of these techniques with limited knowledge of their effectiveness. Activities other than legitimate scientific research should be deferred.

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.

Work on this issue has been carried out by work on marine geoengineering carried out so far by the governing bodies of the London Convention and London Protocol and the Scientific Groups to the London Convention and London Protocol

The full statement is reproduced below.

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," 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.

A 2019 report published by the Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) provides an overview of a wide range of marine geoengineering techniques. Read more here.

Read more on the LC/LP and Climate Change.

The governing bodies endorsed a request to all Contracting Parties to identify potential experts on various types of marine geoengineering techniques that could be suggested for inclusion on a roster of marine geoengineering experts.

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 confirm 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.

GESAMP working group on Ocean Interventions for Climate Change Mitigation

The meetings noted that the Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) Working Group 41 on Ocean Interventions for Climate Change Mitigation (WG 41) is currently focusing its work on the development of an Integrated Assessment Framework (IAF).

The framework should provide a multilevel guide providing different levels of abstraction/complexity for how to conduct a holistic, context and intervention-specific assessment to inform decision-making on a case-by-case basis.

Revised guidance on removal of anti-fouling coatings from ships

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 geological formations

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 also noted that late in 2022, the Governments of Belgium and Denmark notified IMO of the world's first bilateral agreement on CO2 export, under the 2009 amendment.

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 fibreglass 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.

The Scientific Groups were invited to review and finalize the updated draft guidance on the end-of-life management of FRP vessels and alternatives to at-sea disposal, for submission to the governing bodies meeting in 2024 for endorsement.

Deposition of materials jettisoned during the launch of space vehicles

The meetings noted the ongoing discussions in Scientific Groups on the issue of the deposition of materials jettisoned during the launch of space vehicles and invited delegations to share information on this issue with future meetings.

Parties were invited to invited Parties to report on such activities and the assessment of their impact on the marine environment on a voluntary basis to future sessions of the Scientific Groups.

The Secretariat was instructed to continue its outreach efforts on this issue, in particular with relevant regional organizations such as OSPAR, as well as the United Nations Office for Outer Space Affairs (UNOOSA), and report back as appropriate.

Status of London Convention/Protocol

The Meetings noted that 87 Governments had ratified or acceded to the Convention.

With the recent accession by Iraq in September 2023, 54 States had now ratified or acceded to the London Protocol. In total there are 101 Parties to the two treaties combined.

London Protocol /London Convention

The objective of the London Protocol and Convention is to promote the effective control of all sources of marine pollution.

Contracting Parties shall take effective measures to prevent pollution of the marine environment caused by dumping at sea. (Read more here).

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STATEMENT ON MARINE GEOENGINEERING 2023

This statement builds on the work on marine geoengineering carried out so far by the following:

the governing bodies of the London Convention and London Protocol (including their statement from October 2022);[1]
the Scientific Groups to the London Convention and London Protocol (including their statement from March 2023);[2] and
the resolutions adopted by these bodies on marine geoengineering to date (resolutions adopted in 2008,[3] 2010[4] and 2013[5] including the 2013 resolution adopting the amendment to the London Protocol to regulate marine geoengineering.

The governing bodies of the London Convention and London Protocol, mindful of the precautionary approach outlined in article 3 of the LP, endorse the conclusions of the Scientific Groups 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.

Marine geoengineering techniques include both marine carbon dioxide removal and solar radiation management. The four techniques evaluated are ocean alkalinity enhancement; biomass cultivation for carbon removal; marine cloud brightening; and surface albedo enhancement involving reflective particles and/or other materials.

The LC and LP Parties are continuing to evaluate options for appropriate action, including the applicability of the existing frameworks[6] of LC and LP and potential further regulation.

The governing bodies reiterate the urgency of this work 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.

In addition, the governing bodies are of the view that there are risks of adverse environmental impacts of these techniques with limited knowledge of their effectiveness, and as such activities other than legitimate scientific research should be deferred.

The governing bodies are of the view that the requirements set out in the Assessment Framework for Scientific Research Involving Ocean Fertilization[7] and the Assessment Framework for Matter that May be Considered for Placement Under annex 4, as applicable, including criteria for legitimate research, form the appropriate basis for the assessment of proposed research and development projects relating to marine geoengineering, and strongly encourage their application thereof.

Furthermore, the governing bodies of the London Convention and London Protocol encourage Parties to the United Nations Framework Convention on Climate Change (UNFCCC), and the Paris Agreement, the Convention on Biological Diversity, signatories to the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement), bodies thereof as well as other relevant bodies such as the United Nations Environment Programme (UNEP) and the United Nations Environment Assembly (UNEA) to take the work by the LC/LP on marine geoengineering into account, under their respective mandates, including to address climate change. The governing bodies of the London Convention and London Protocol also invite active cooperation with all those bodies that are working on issues to which marine geoengineering, and geoengineering more broadly, are of direct relevance.

[1] https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/LCLPDocuments/LC LP.2(2010).pdf

[2] https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/LCLPDocuments/LC LP.2(2010).pdf

[3] https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/LCLPDocuments/ LP.4(8).pdf

[4] https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/LCLPDocuments/LC-LP.2(2010).pdf

[5] https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/LCLPDocuments/LP.4(8).pdf

[6] The LP/LC frameworks include the provisions of these treaties, resolutions and guidance documents that are of relevance in this regard, including those mentioned in paragraph 1.

[7] https://www.imo.org/en/OurWork/Environment/Pages/AssessmentFramework-default.aspx

LINK TO THE ORIGINAL ARTICLE