Anti-Fouling Systems

• International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001

This Convention included a control measure that ships must not apply or re-apply organotin compounds which act as biocides in anti-fouling systems from 1 January 2003.  By 1 January 2008 all ships must either not have organotin systems on their hulls or external parts, or have a sealer coat to prevent it leaching out. The UK are in the process of accession to this Convention (see MIN 370 (M+F)).

• EC Regulation 782/2003 on the Prohibition of Organotin Compounds on Ships

This EC Regulation implements the IMO Convention on the Control of Harmful Anti-Fouling Systems on Ships 2001 in the EU and is directly applicable in the UK. The Regulations also apply to any Fixed or Floating Platform, FSU or FPSO as these fall into the definition of a Ship.

• The Merchant Shipping (Anti-Fouling Systems) Regulations 2009

These Regulations ensure that the necessary enforcement provisions are in place in the UK to give effect to European Regulation (EC) No 782/2003 on the prohibition of organotin compounds on ships (“the European Regulation”). The European Regulation prohibits ships from having organotin compound based anti-fouling paints applied to their hulls or other external surfaces, and it establishes a survey and certification regime in relation to anti-fouling systems.

MIN 291 Control of Anti-Fouling Systems on Ships

MIN 370 (M+F) UK Accession to the International Convention on the Control of Harmful Anti-Fouling Systems

A Marine Guidance Note (MGN) is in preparation. A Draft MGN is available on the MCA Website.

Fixed and Floating Platforms, FSU and FPSO

Although the Regulations apply to any fixed or floating platform, FSU or FPSO, the survey and certificate requirements set out in Annex I of the EC Regualtion and Annex 4 of the AFS Convention exclude these from the prescribed survey and certificate regime.

However, for the purpose of the AFS Convention the Administration has set in place measures for ships that are not subject to the survey and certificate regime in order to ensure to show that they are in compliance with the Convention.

The MCA have taken note of the operational difficulties which would arise from requiring fixed or floating Platforms, FSUs and FPSOs to be surveyed and certificated by the time the UK Regulation enters into force for ships in category a and b listed below.

Therefore, the MCA liaised with DECC to establish appropriate requirements (see Performance Standards).  However, if and when the structure is removed from the seabed and is to be re-positioned then an AFS certificate/declaration will be required.

Mobile Rigs and Platforms/FPSOs not Fixed to the Seabed

All Fixed or Floating Platforms, FSU’s and FPSO’s  which are not fixed to the seabed e.g. drilling rigs on voyages will require a AFS certificate/declaration to comply with the UK Regulations from the date that the UK Regulations come into force.

Survey and Certification of the AFS has been delegated by the MCA to the following UK Recognised Classification Societies :

• the American Bureau of Shipping;
• Bureau Veritas;
• Class NK;
• Det Norsk Veritas;
• Germanischer Lloyd;
• Lloyds Register; and
• RINA.

Fixed or Floating Platforms, FSU and FPSO

If and when any fixed or floating platform, FSU or FPSO is removed from the seabed and is to be repositioned than an AFS Certificate/Declaration will be required.

Mobile Rigs and Platforms/FPSOs not Fixed to the Seabed

AFS Certificate/Declaration required when the UK Regulations come into force or prior to first sailing.

Fixed or Floating Platforms, FSU’s and FPSO’s constructed on or after 01 July 2003: these must either not bear organotin compounds at all, or if they do, then they must have a barrier coating to prevent the compounds leaching.  

Fixed or Floating Platforms, FSU’s and FPSO’s constructed before 1 July 2003 and which have been in dry dock on or after 01 July 2003: similarly, these must either not bear organotin compounds at all, or if they do, then they must have a barrier coating to prevent the compounds leaching.

Fixed or Floating Platforms, FSU’s and FPSO’s constructed before 1 July 2003 but which have not been in dry dock since that date: the bans on application or bearing of organotin compounds still applies; but the MCA recommend that these ships do comply if and when it is reasonably practicable to do so. 

All Fixed or Floating Platforms, FSU’s and FPSO’s  which are not fixed to the sea bed e.g. drilling rigs on voyages will a AFS certificate/declaration to comply with the UK Regulations from the date that the UK Regulations come into force.

Any ship covered by the 2008 Regulations is subject to Flag State Inspection if it is a UK ship, or to Port State Control if it is a foreign ship. These inspections will be limited to:

• Verifying that the ship holds a valid Anti-Fouling Certificate. Record of Anti-Fouling Systems and or other appropriate documentation;
• Investigating further the documentation where there are clear grounds for believing that the certificate, Record of Anti-Fouling Systems and or other appropriate documentation is incorrect; and
• Requesting that the owner/manager of the ship undertake sampling of the Anti-Fouling System to show that the ships AFS is in compliance.

If, following such inspection, the surveyor of ships believes that the ship does not hold a valid Anti-Fouling Certificate (or the other appropriate documentation), or there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that certificate, then the ship is liable to be detained, until a surveyor of ships is satisfied that the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment

Furthermore, the ship is liable to be detained where there are clear grounds for believing that an offence has committed as set out in Regulation 14 of the 2008 Regulations.