The Polar Code
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The International Marine Organisation (IMO) is a specialised body of the United Nations responsible for the safety and security of global shipping, as well as regulation of pollution in marine environments. In May 2015, the IMO formally adopted the International Code for Ships Operating in Polar Waters (the Polar Code). This mandatory code comes into operation from 1 January 2017 for vessels constructed after that date and after 1 January 2018 for pre-existing vessels.
In the following article, we provide an outline, and discusses the implications of the Polar Code.
According to claims by some climate change scientists, as climate change leads to gradual warming of the earth’s atmosphere, the polar ice caps have gradually retracted. In 2012, the Arctic Circle recorded the lowest level of sea ice since satellite monitoring began in 1979. The breakdown of multi-year ice has led to the opening of waterways previously inaccessible to large vessels leading to an increase in the amount of weeks per year routes are open for shipping. Previously unreliable routes are now commercially viable and can considerably reduce both the time and cost of an otherwise protracted journey. The retraction of the ice shelves has uncovered rich mineral resources and unreachable areas have become open for research, drilling and exploration. Additionally, tourist cruises through both Polar Regions are becoming increasingly popular.
The main environmental concerns that arise as a result of the increased shipping activity:
The implementation is effected via amendments to two existing IMO conventions; the addition of Chapter XIV into the International Convention for the Safety of Life at Sea 1974 (SOLAS) and the amendment of Annexes I, II, IV and V to the International Convention for the Prevention of Pollution from Ships 1975 as modified by the 1978 Protocol (MARPOL).
The IMO has also published multiple guidelines on areas relating to marine pollution from shipping activity, but none set mandatory standards.
Part II-A of the Polar Code contains the mandatory pollution prevention measures, addressing pollution by oil, noxious liquids, sewage and garbage. The code will apply to all commercial vessels operating in Polar Waters weighing 500 tons or more (approximately 453 metric tonnes).
Although the Polar Code is a significant step in ensuring the environmental protection of Polar seas, it fails to address many of the environmental concerns raised during the consultation process. Some of the concerns raised:
With an estimated 13% of the world’s undiscovered conventional oil and 30% of the world’s undiscovered conventional gas hidden under the Arctic Circle, exploration and development is not likely to stop. In May 2015, the United States granted Anglo-Dutch Company Royal Dutch Shell approval to commence oil exploration 70km off the North coast of Alaska. They join multiple Russian companies such as Gazprom already drilling in the Arctic Circle.
Any company looking to undertake exploration in the Polar Regions will need to comply with the provisions of the Polar Code. Any exploration will likely involve the use of ice breakers, oil tankers, cargo ships and rigs, as well as numerous pilot vessels. There will need to be careful consideration of the impact the Polar Code may have on a ship’s ability to operate within the Polar Regions.
Additionally, companies looking to exploit the increase in trade routes through arctic passages will need to consider the suitability of their fleet. Even if the vessels are categorised as suitable for polar voyages, increased training and equipment requirements, as well as structural design and construction requirements may be significant costs for a business. Additionally, owners and operators of polar vessels must be sure to maintain rigorous procedures, navigational currency and caution, rather than risk complacency.
Finally, any tourism operators in the Polar Regions must be especially mindful of the sewage and garbage disposal regulations.
For more information or discussion, please contact HopgoodGanim Lawyers’ Environment team.