MEPC 83: Show goes on without the US
IMO member states have continued talks on mid-term measures unfaced this week after the US walked out of the Marine Environment Protection Committee (MEPC) meeting, a source at the IMO told ENGINE.
IMAGE: The US White House in Washington D.C. Getty Images
US delegates were not present during the IMO’s MEPC 83 meeting this week.
“This kind of behavior appears in line with recent actions of the USA. In my perception it doesn't have any influence on the ongoing discussions as the IMO member states continue to negotiate on the basket of midterm measures and business as usual continues,” the source said.
The mid-term measures, potentially comprising both technical and economic elements, are expected to be finalised by the end of MEPC 83 tomorrow. They must then be formally adopted in October, to remain on track for implementation in 2027, in line with the IMO’s prescribed timeline.
Closing the escape hatch
Even if the US or other nations do not agree to the mid-term measures that IMO members eventually decide to adopt, the measures will apply to all IMO member states through port state controls in countries that have ratified them.
In other words, this means that if the IMO adopts a flat GHG levy as part of its mid-term measures, but the US chooses not to apply it, US-flagged vessels could still be subject to compliance checks when calling at ports in countries that have agreed to enforce the rules.
This is because IMO conventions, including the MARPOL Annex VI, contain a clause called “no more favourable treatment”. It essentially ensures that ships registered under flag states that have not ratified or acceded to the regulation will still be required to meet its requirements when inspected by port state control in ratifying nations.
For example, the US did not ratify the Maritime Labour Convention (MLC) adopted by the IMO in 2013. But the US Coast Guard still advised US-flagged vessels to comply with its provisions, warning they could be “at risk for Port State Control actions, including detention, when operating in the port of a ratifying nation" because of the "no more favourable treatment" clause in the MLC.
“The final outcome of the negotiations will be decided by parties present in the room and not by those absent,” the source added.
Meanwhile, the US administration has threatened to take “reciprocal measures” if global emission penalties are applied to US-flagged vessels.
By Konica Bhatt
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