Overview
This section covers information on the adoption and application of notable regional and international agreements, which are integral to addressing marine plastic issues.
These agreements provide a framework for international cooperation, which is essential to tackling cross-boundary issues related to marine plastics pollution.
Information provided in this section can inform and guide ASEAN+3 Member States in their adoption of regional and international agreements, thereby providing a solid foundation for the development of regulations, roadmaps and action plans at the national and local levels.
ASEAN Initiatives
The ASEAN Framework of Action on Marine Debris covers various actions (see Table 1) and suggested activities to reduce marine debris in the Southeast Asian region. The suggested activities are those for further discussion by ASEAN and its partners under the proposed regional action plan on combating marine debris in the ASEAN region.
Table 1. Proposed Actions in the ASEAN Framework of Action on Marine Debris
Framework | Action |
|---|---|
Framework I: Policy Support and Planning | A. Promote regional policy dialogue on prevention and reduction of marine debris from land- and sea-based activities by highlighting the issue, sharing information and knowledge, and strengthening regional coordination |
B. Mainstream multi-sectoral policy measures to address marine debris in national and ASEAN’s development agenda and priorities. | |
C. Encourage ASEAN Member States to implement relevant international laws and agreements related to waste management- such as MARPOL Annex V ship generated waste, Basel Convention, and UN Environment Assembly resolutions 3/7 on Marine Litter and Microplastics. | |
D. Develop a regional action plan on combating marine debris in the ASEAN Region by applying integrated land-tosea policy approaches. | |
Framework II: Research, Innovation and Capacity Building | Table 1. Proposed Actions in the ASEAN Framework of Action on Marine DebrisFrameworkActionFramework I: Policy Support and PlanningA. Promote regional policy dialogue on prevention and reduction of marine debris from land- and sea-based activities by highlighting the issue, sharing information and knowledge, and strengthening regional coordinationB. Mainstream multi-sectoral policy measures to address marine debris in national and ASEAN’s development agenda and priorities.C. Encourage ASEAN Member States to implement relevant international laws and agreements related to waste management- such as MARPOL Annex V ship generated waste, Basel Convention, and UN Environment Assembly resolutions 3/7 on Marine Litter and Microplastics.D. Develop a regional action plan on combating marine debris in the ASEAN Region by applying integrated land-tosea policy approaches.Framework II: Research, Innovation and Capacity BuildingA. Compile regional baseline on status and impacts of marine debris in the ASEAN Region.B. Strengthen regional, national and local capacities to develop and implement national action plans/initiatives.C. Enhance scientific knowledge, transfer marine technology and promote innovative solution to combat marine debris.D. Promote integration and application of scientific knowledge to enhance science-based decisions and policies on marine debris prevention and management.Framework III: Public Awareness, Education and OutreachA. Promote public awareness on status and impacts of marine debris and microplastics.B. Accelerate advocacy strategy/programme to promote behavior change to combat marine debris, and to incorporate marine debris issue into ASEAN’s Culture of Prevention Initiative.C. Promote platforms for knowledge sharing, innovative solutions and best practices to combat marine debris.Framework IV: Private Sector EngagementA. Promote collaborative actions with private sector and industry associations to implement measures to address marine debris issues.B. Encourage private sector investment in and contribution to combat marine debris.Source: ASEAN Framework of Action on Marine Debris. A. Compile regional baseline on status and impacts of marine debris in the ASEAN Region. |
B. Strengthen regional, national and local capacities to develop and implement national action plans/initiatives. | |
C. Enhance scientific knowledge, transfer marine technology and promote innovative solution to combat marine debris. | |
D. Promote integration and application of scientific knowledge to enhance science-based decisions and policies on marine debris prevention and management. | |
Framework III: Public Awareness, Education and Outreach | A. Promote public awareness on status and impacts of marine debris and microplastics. |
B. Accelerate advocacy strategy/programme to promote behavior change to combat marine debris, and to incorporate marine debris issue into ASEAN’s Culture of Prevention Initiative. | |
C. Promote platforms for knowledge sharing, innovative solutions and best practices to combat marine debris. | |
Framework IV: Private Sector Engagement | A. Promote collaborative actions with private sector and industry associations to implement measures to address marine debris issues. |
B. Encourage private sector investment in and contribution to combat marine debris. |
Source: ASEAN Framework of Action on Marine Debris.
Started at the ASEAN Conference on Reducing Marine Debris in ASEAN Region in Phuket, Thailand, in November 2017, the initiative identified five pillars of action: policy support and strengthening; capacity building; education, research, and innovation; private sector engagement; and public awareness and outreach. Prior to the conference, the East Asia Summit (EAS) Conference on Combating Marine Plastic Debris, held in Bali, Indonesia, in September 2017, recommended proposing actions such as campaign, research, and education on marine debris, and policy reform and regulatory enforcement (Chairman’s Statement of the 12th East Asia Summit).
In January 2019, the Coordination Meeting on Marine Debris Action in ASEAN Region was organised prior to the 20th meeting of the ASEAN Working on Coastal and Marine Environment. The coordination meeting rearranged the five pillars of action into to four frameworks: policy support and planning; research, innovation, and capacity building; public awareness, education, and outreach; and private sector engagement. The coordination meeting also identified various actions and suggested activities under these frameworks.
On 5 March 2019, the Special ASEAN Ministerial Meeting on Marine Debris, held in Bangkok, Thailand, welcomed the ASEAN Framework of Action on Marine Debris, and agreed to forward the Bangkok Declaration on Combating Marine Debris in ASEAN Region for consideration and adoption by the ASEAN leaders at the 34th ASEAN Summit in Bangkok, Thailand. In June 2019, the Bangkok Declaration was adopted at the 34th ASEAN Summit in Bangkok. The framework of action was welcomed by the ASEAN summit.
As a follow up, the World Bank has supported the Ministry of Natural Resources and Environment of Thailand, as chair of the ASEAN Working Group on Coastal and Marine Environment in 2020, in the preparation of the ASEAN Regional Action Plan for Combating Marine Debris in the ASEAN Member States (2021–2025). The plan, launched on 28 May 2021, with financial support and technical guidance from the World Bank through PROBLUE, an umbrella multi-donor trust fund, offers an integrated approach to address marine plastic pollution in ASEAN over the next 5 years through 14 regional actions (see Table 2) at three key stages of plastic waste value chain: (1) reducing inputs into the system, (2) enhancing collection and minimising leakage, and (3) creating value for waste reuse.
Table 2. Regional Actions in the ASEAN Regional Action Plan for Combating Marine Debris in the ASEAN Member States (2021–2025)
Framework | Stages of Plastic Waste Value Chain | ||
|---|---|---|---|
Reducing inputs into the system | Enhancing collection and minimising leakage | Creating value for waste reuse | |
Framework I: Policy Support and Planning | 2. Guiding principles for phasing out select single-use plastics | 1. Regional guidebook on financial mechanisms for investments in plastic waste management | 3. Regional guidebook on standards for responsible plastic waste trade, sorted plastic waste and recycled plastics |
4. Best practice manual for development of minimum standards and technical requirements for plastic packaging and labeling | 6. Best practice manual for reducing, collection and treatment of sea-based litter | ||
5. Regional stocktaking of green public procurement | |||
Framework II: Research, Innovation and Capacity Building | 8. Strengthen ASEAN regional knowledge network on marine plastics | 7. Guidebook for common methodologies for assessment and monitoring of marine litter | |
9. Regional study on microplastics | 10. Coordinate regional training programs on plastics and waste management | ||
Framework III: Public Awareness, Education and Outreach | 11. Behavioural change communication strategy playbook | 12. Enhance regional awareness for consumers of labeling of plastics and packaging | |
Framework IV: Private Sector Engagement | 13. Establish a regional platform for EPR knowledge support and implementation support | 14. Establish a regional platform to support innovation and investments in plastics and plastic waste management | |
Source: ASEAN Regional Action Plan for Combating Marine Debris in the ASEAN Member States (2021–2025).
Chairman’s Statement of the 12th East Asia Summit, 14 November 2017, Manila, Philippines. https://www.mofa.go.jp/files/000309985.pdf (accessed 26 October 2020).
Chairman’s Statement of the 34th ASEAN Summit, Bangkok, 23 June 2019, Advancing Partnership for Sustainability. https://asean.org/storage/2019/06/Final_Chairs-Statement-of-the-34th-ASEAN-Summit_as-of-23-June-2019-12….pdf (accessed 26 October 2020).
ASEAN Framework of Action on Marine Debris. https://asean.org/storage/2019/06/3.-ASEAN-Framework-of-Action-on-Marine-Debris-FINAL.pdf (accessed 26 October 2020).
ASEAN Regional Action Plan for Combating Marine Debris in the ASEAN Member States (2021–2025). https://asean.org/book/asean-regional-action-plan-for-combating-marine-debris-in-the-asean-member-states-2021-2025-2/ (accessed 2 June 2021).
COBSEA
The Coordinating Body on the Seas of East Asia (COBSEA) is a regional programme for the sustainable management and use of the marine coastal environment. The participating countries in the programme are Cambodia, China, Indonesia, Malaysia, the Philippines, Republic of Korea, Singapore, Thailand, and Viet Nam. The COBSEA Secretariat is hosted by Thailand and administered by the United Nations Environment Programme.
COBSEA adopted the Regional Action Plan on Marine Litter in 2008 (UNEP, 2008). The action plan was revised and adopted by the 24th Intergovernmental Meeting of COBSEA, in Bali, Indonesia, 19–20 June 2019. The action plan aims to support the participating countries in delivering the Sustainable Development Goal 14 to ‘[c]onserve and sustainably use the oceans, seas and marine resources’ and its associated target to ‘prevent and significantly reduce marine pollution of all kinds, particularly from land-based activities, including marine debris and nutrient pollution’ by 2025. The action plan’s principal goal is to consolidate, coordinate, and facilitate cooperation, and implement the necessary environmental policies, strategies, and measures for sustainable, integrated management of marine litter in the East Asia.
Four key actions are enclosed in the action plan. Table 1 summarises the specific actions from those four key actions.
Table 1. Key Actions and Specific Actions on the Action Plan
No. | Key Actions | Specific Actions |
|---|---|---|
1. | Prevent and reduce marine litter from land-based sources | Legal and economic instruments:
|
Integrated waste management:
| ||
Removal of existing litter and its disposal:
| ||
2. | Prevent and reduce marine litter from sea-based sources | Legal and economic instruments:
|
Removal of existing marine litter and its disposal:
| ||
3. | Monitoring and assessment of marine litter | Expert group:
|
Regional and national marine litter monitoring programmes:
| ||
4. | Activities supporting the implementation of the action plan | Regional and international cooperation and reporting:
|
National planning and policy frameworks:
| ||
Research activities:
| ||
Information, education, outreach and involvement of stakeholders:
| ||
Training and capacity building:
|
Source: COBSEA (2019).
UNEP (2008), Marine Litter in the East Asian Seas Region. https://wedocs.unep.org/handle/20.500.11822/29105 (accessed 27 November 2020).
COBSEA (2019), COBSEA Regional Action Plan on Marine Litter 2019. Bangkok: COBSEA Secretariat and UNEP. https://www.unep.org/cobsea/resources/policy-and-strategy/cobsea-regional-action-plan-marine-litter-2019-rap-mali#:~:text=The%20overall%20goal%20of%20the,the%20East%20Asian%20Seas%20region (accessed 16 January 2020).
G20 Summit and Osaka Blue Ocean Vision
G20 Summit
The Group of Twenty (G20) members account for more than 80% of world gross domestic product, 75% of global trade, and 60% of the world’s population. The forum has met every year since 1999. Since 2008, it has held a yearly summit attended by the heads of state of Argentina, Australia, Brazil, Canada, China, France, Germany, Japan, India, Indonesia, Italy, Mexico, Russia, South Africa, Saudi Arabia, the Republic of Korea, Turkey, the United Kingdom, the United States, and the European Union. Spain is invited as a permanent guest.
The G20 summit held in July 2017 in Hamburg, Germany, was the first G20 summit that discussed marine plastic pollution. Based on prior and ongoing international work and discussions, the G20 Action Plan on Marine Litter was agreed on. It recognised the contribution of land-based sources of marine litter, promoted waste prevention and resource efficiency, highlighted the importance of education and research, and encouraged stakeholders’ engagement, amongst others.
Building on this plan and on the UN Environment Programme’s work, the G20 Implementation Framework for Actions on Marine Plastic Litter was established in June 2019 at the G20 Ministerial Meeting on Energy Transitions and Global Environment for Sustainable Growth in Karuizawa, Japan. This framework, which aims to facilitate further actions on marine litter whilst taking into account national policies, approaches and circumstances, was endorsed by the G20 leaders at the G20 Summit held in Osaka, Japan in June 2019.
Osaka Blue Ocean Vision
At the G20 Osaka Summit, the world leaders agreed to the Osaka Blue Ocean Vision in the final statement: ‘We reiterate that measures to address marine litter, especially marine plastic litter and microplastics, need to be taken nationally and internationally by all countries in partnership with relevant stakeholders. In this regard, we are determined to swiftly take appropriate national actions for the prevention and significant reduction of discharges of plastic litter and microplastics to the oceans. Furthermore, looking ahead beyond those initiatives and existing actions by each member, we share, and call on other members of the international community to also share, as a common global vision, the “Osaka Blue Ocean Vision” that we aim to reduce additional pollution by marine plastic litter to zero by 2050 through a comprehensive life-cycle approach that includes reducing the discharge of mismanaged plastic litter by improved waste management and innovative solutions while recognizing the important role of plastics for society. We also endorse the G20 Implementation Framework for Actions on Marine Plastic Litter’ (Osaka, Japan, 28–29 June 2019).
To reduce additional marine plastic litter pollution to zero by 2050, the framework is expected to share and update information on policies, plans, and measures taken or to be taken on a voluntary basis and promote policies and measures by learning from best practices.
According to the “G20 Report on Actions against Marine Plastic Litter: Second Information Sharing based on the G20 Implementation Framework”, the Osaka Blue Ocean Vision has been widely shared at various international forums as a common global vision. The number of countries and regions sharing the Osaka Blue Ocean Vision had risen to 86 as of September 2020. Of the ASEAN+3 Member States, Japan, Myanmar, the Philippines, the Republic of Korea, and Singapore contributed to the report.
Economic Research Institute for ASEAN and East Asia (ERIA) (2019), ERIA Takes Part in G20 Ministerial Meeting on Energy Transitions and Global Environment for Sustainable Growth. https://www.eria.org/news-and-views/eria-takes-part-in-g20-ministerial-meeting-on-energy-transitions-and-global-environment-for-sustainable-growth/ (accessed 27 May 2021).
G20 (2021), About the G20. https://www.g20.org/about-the-g20.html (accessed 27 May 2021).
Ministry of Foreign Affairs of Japan (2019), G20 Implementation Framework for Actions on Marine Plastic Litter. https://www.mofa.go.jp/policy/economy/g20_summit/osaka19/pdf/documents/en/annex_14.pdf (accessed 27 May 2021).
Ministry of the Environment, Japan (2020), G20 Report on Actions against Marine Plastic Litter: Second Information Sharing based on the G20 Implementation Framework. https://g20mpl.org/wp-content/uploads/2020/11/G20mpl_20201214_IGES_second-edition.pdf (accessed 27 May 2021).
Ministry of Foreign Affairs of Japan (2019), G20 Osaka 2019: News. https://www.mofa.go.jp/policy/economy/g20_summit/osaka19/en/ (accessed 27 May 2021).
Ministry of Foreign Affairs of Japan (2019), G20 Osaka 2019: News. https://www.mofa.go.jp/policy/economy/g20_summit/osaka19/en/documents/final_g20_osaka_leaders_declaration.html (accessed 27 May 2021).
The Press and Information Office of the Federal Government (2018), Annex to G20 Leaders Declaration: G20 Action Plan on Marine Litter. https://www.g20germany.de/Content/DE/_Anlagen/G7_G20/2017-g20-marine-litter-en___blob=publicationFile&v=4.pdf (accessed 27 May 2021).
The Press and Information Office of the Federal Government (2018), G20. https://www.g20germany.de/Webs/G20/EN/G20/Summit_documents/summit_documents_node.html (accessed 27 May 2021).
Mekong River Commission
The Mekong River Commission (MRC) is an intergovernmental organisation for regional dialogue and cooperation in the Lower Mekong River Basin, established in 1995 based on the Mekong Agreement between Cambodia, Lao People’s Democratic Republic (Lao PDR), Thailand, and Viet Nam. MRC is a regional platform for water diplomacy and a knowledge hub of water resource management for the region’s sustainable development (MRC, 2020).
In October 2013, MRC published Waste Management Guidelines for ships and ports, which set out guidance to reduce illegal dumping of waste into the sea. MRC (2013) believes that reducing the discharge of ship-generated waste and cargo residue due to inefficient waste management, lack of control, inadequate recovery systems, and inefficient information flow will enhance the protection of the marine environment. The report describes current regulations, waste streams, and handling routines, providing clear instructions for port users. It reviews existing facilities for port and vessel waste management to support the development of a comprehensive waste management plan for Chiang Saen Commercial Port (MRC, 2013).
As part of phase 1 of Promotion of Countermeasures Against Marine Plastic Litter in Southeast Asia and India (CounterMEASURE project) funded by the Government of Japan, the MRC Secretariat and the United Nations Environment Program Regional Office for Asia and the Pacific hosted the Regional Technical Workshop on Assessment and Monitoring of Plastic Pollution in the Mekong River on 11–12 February 2020. It discussed assessment methodologies to study plastic debris and its sources along the Mekong River. The assessment, for which four Mekong universities will take the lead, involves monitoring and collecting plastic debris and waste leakage in five sites in major Mekong cities, including Phnom Penh, Vientiane, Chiang Rai, Ubon Ratchathani, and Can Tho (MRC, 2020). The assessment will provide Cambodia, Lao PDR, Thailand, and Viet Nam with scientific evidence on plastic debris as well as plastic pollution and its threat to the environment and people (Greater Mekong Subregion, 2020).
Phase 2 of the CounterMEASURE project has kicked off field surveys along the Mekong, mapping plastic leakage and hotspots (UNEP, 2021). The MRC Secretariat has identified 12 ports and piers along the Mekong, where plastic leakage and accumulation will be assessed (UNEP, 2021). The ports and piers are not the only microplastic survey locations; a number of other areas are being surveyed in six project sites. The project will utilise Albatross, a microplastic sampling device developed by Pirika, Inc. and a citizen science mobile application tool developed by the Geoinformatic Center of Asian Institute of Technology (UNEP, 2021).
Phase 2 will also support the implementation of Resolution 12.20 on Management of Marine Debris and Decisions 13.122 to 13.125 – Impacts of Plastic Pollution on Aquatic, Terrestrial and Avian Species of the Convention on Migratory Species (the Bonn Convention) by looking for novelties on the impact of plastics on migratory species in terrestrial and freshwater ecosystems (Convention on Migratory Species, 2021).
Convention on Migratory Species (2021), Promotion of Action Against Marine Plastic Litter in Asia and the Pacific (CounterMEASURE II). https://www.cms.int/en/project/countermeasure-ii-project (accessed 26 April 2021).
Greater Mekong Subregion (2020), Countries Undertake Assessment of Plastic Pollution in the Mekong River. https://www.greatermekong.org/countries-undertake-assessment-plastic-pollution-mekong-river (accessed 25 April 2021).
Mekong River Commission (MRC) (2013), Waste Management Guidelines: Prepared for Chiang Saen Commercial Port Area. https://www.mrcmekong.org/assets/Publications/basin-reports/Waste-Management-Guidelines-Sept2013.pdf (accessed 2 May 2021).
Mekong River Commission (MRC) (2020), Actions to address Mekong plastic pollution take shape. https://www.mrcmekong.org/news-and-events/news/actions-to-address-mekong-plastic-pollution-take-shape/ (accessed 25 April 2021).
United Nations Environment Programme (UNEP) (2021), Field surveys begin in Mekong River for CounterMEASURE Phase 2. https://countermeasure.asia/field-surveys-begin-in-mekong-river-for-countermeasure-phase-2/ (accessed 25 April 2021).
London Convention
This Convention, also called the London Convention, promotes the control of all sources of marine pollution and takes practicable steps to prevent pollution (IMO, 2019a). Article IV Number 1(a) of the Convention states: ‘The dumping of wastes or other matter listed in Annex I is prohibited’. Paragraph 4 of Annex I specifies persistent plastics and other synthetic materials (e.g. nettings and ropes), which might float or remain in suspension in the sea in a manner that could interfere with fishing, navigation, or other legitimate uses of the sea. Paragraph 11(d) of Annex I calls for the maximum removal of materials capable of creating floating debris or contributing to marine pollution from vessels and platforms or other man-made structures at sea. These provisions indicate that the Convention is still generally applied to discharges from land-based and not sea-based litter. Therefore, broader interpretation is needed to cover all sources of marine debris (Lentz, 1987). Table 1 shows the status of adoption of the Convention by the ASEAN+3 countries. The Philippines is the only ASEAN country that has ratified the Convention.
Table 1. Status of Adoption of the London Convention
Countries | Status of Adoption (date)* | |||
Signature | Ratification | Accession | Acceptance | |
Brunei Darussalam | - | - | - | - |
Cambodia | - | - | - | - |
Indonesia | - | - | - | - |
Lao PDR | - | - | - | - |
Malaysia | - | - | - | - |
Myanmar | - | - | - | - |
Singapore | - | - | - | - |
Thailand | - | - | - | - |
The Philippines | 29 December 1972 | 10 August 1973 | - | - |
Viet Nam | - | - | - | - |
China | - | - | 14 November 1985 | - |
Japan | 22 June 1973 | 15 October 1980 | - | - |
Republic of Korea | - | - | 21 December 1993 | - |
* ‘Signature’ authenticates and expresses the willingness to ratify or accept. ‘Ratification’ defines the international act whereby a state indicates its consent to be bound to a treaty. ‘Accession’ is the act whereby a state accepts the offer or the opportunity to be bound to a treaty which has been negotiated and signed by other states. ‘Acceptance’ has the same legal effect as ratification and consequently expresses the consent of a state to be bound by a treaty. In certain states, ‘Acceptance’ is used instead of ‘Ratification’ when, at a national level, constitutional law does not require the treaty to be ratified by the head of state. Source: UN (1980).
Source: IUCN (1972).
In 1985, the Ninth Consultative Meeting of Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter issued Resolution LDC.22(9) on environmental hazards caused by the disposal at sea of persistent plastics and other persistent synthetic materials (including fishing nets). This resolution aims to enhance collaboration amongst the Contracting Parties, the Marine Environment Protection Committee, the Food and Agricultural Organization of the United Nations, and other competent international bodies in action reporting, technical assistance, related activities, as well as measures for collecting and disseminating information on the hazards to living resources and marine life (IMO, 1985).
In 1996, the Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Protocol) was agreed upon to further update, and eventually replace, the Convention (IMO, 2019b). Under the Protocol, all types of dumping are prohibited, except of possibly acceptable wastes. Article 4 Number 1.2 of the Protocol states: ‘The dumping of wastes or other matter listed in Annex 1 shall require a permit. Contracting Parties shall adopt administrative or legislative measures to ensure that issuance of permits and permit conditions comply with provisions of Annex 2. Particular attention shall be paid to opportunities to avoid dumping in favour of environmentally preferable alternatives’. Annex 2 of the Protocol describes the assessment of wastes or other matter that may be considered for dumping, including waste prevention audit; consideration of waste management options; chemical, physical, and biological properties; action list; dump-site selection; assessment of potential effects; monitoring; and permit and permit conditions. The Protocol shows strict procedures that should be completed before certain wastes (including those from vessels and platforms or other man-made structures at sea) can be permitted for dumping. Article 6 of the Protocol also states that Contracting Parties shall not allow the export of wastes or other matter to other countries for dumping or incineration at sea. In short, the Protocol carries out a broader interpretation by considering potential of sea-based litter generated from vessels and platforms or other man-made structures at sea. Table 2 shows the status of adoption to the Protocol by the ASEAN+3 countries.
Table 2. Status of Adoption of the London Protocol
Countries | Status of Adoption (date)* | |||
Signature | Ratification | Accession | Acceptance | |
Brunei Darussalam | - | - | - | - |
Cambodia | - | - | - | - |
Indonesia | - | - | - | - |
Lao PDR | - | - | - | - |
Malaysia | - | - | - | - |
Myanmar | - | - | - | - |
Singapore | - | - | - | - |
Thailand | - | - | - | - |
The Philippines | - | - | 09 May 2012 | - |
Viet Nam | - | - | - | - |
China | 23 March 1998 | 29 September 2006 | - | - |
Japan | - | - | 02 October 2007 | - |
Republic of Korea | - | - | - | 22 January 2009 |
* ‘Signature’ authenticates and expresses the willingness to ratify or accept. ‘Ratification’ defines the international act whereby a state indicates its consent to be bound to a treaty. ‘Accession’ is the act whereby a state accepts the offer or the opportunity to be bound to a treaty which has been negotiated and signed by other states. ‘Acceptance’ has the same legal effect as ratification and consequently expresses the consent of a state to be bound by a treaty. In certain states, ‘Acceptance’ is used instead of ‘Ratification’ when, at a national level, constitutional law does not require the treaty to be ratified by the head of state. Source: UN (1980).
Source: IUCN (1996).
Japan, China, the Republic of Korea, and the Philippines have followed up the ratification of the Convention and Protocol in certain legal frameworks and implementations.
On 20 July 2007, Japan promulgated the Basic Act of Ocean Policy. Article 18 of this Act states: ‘The State shall take necessary measures to conserve the marine environment including … reduction of the pollution load caused by water flow into the oceans, prevention of the discharge of waste materials to the oceans …’. A related regulation is the Law Relating to the Prevention of Marine Pollution and Maritime Disasters, which includes control of waste from and on ships. This law requires companies to find specific places of discharge within the sea area of discharge designated by the national government, perform an environmental impact assessment prior to dumping, and conduct monitoring after dumping (Zou and Zhang, 2017). Ship owners also have to register their ships to the Commandant of Japan Coast Guard, to ensure compliance with the technical standards for securing proper discharge of wastes. Another relevant regulation is the Waste Disposal and Public Cleaning Law, enacted to preserve the environment and improve public health through restriction of waste discharge, appropriate sorting, storage, collection, transport, recycling, disposal, or the like, and conservation of a clean living environment (Zou and Zhang, 2017).
In China, the State Oceanic Administration is implementing the Marine Environmental Protection Law (MEPL). In 1999, the MEPL was amended with the addition of some principles of sustainable development such as control mechanisms for quantity of pollution, environmental impact assessment requirements for coastal and marine construction projects, and the ‘polluter pays’ principle (Zou and Zhang, 2017). After its accession to the London Convention, China adopted in 1985 the Regulations Concerning Dumping of Wastes at Sea and, in 1990, the Measures for Implementation of the Regulations Concerning the Dumping of Wastes at Sea. In 2003, China began implementing the Provisional Measures on the Management of Dumping Sites. Under these measures, any person or entity who intends to dump waste must secure a permit from the State Oceanic Administration, indicating the waste-dumping entity; terms of validity, quantity, and category of wastes; and the method of dumping (Zou and Zhang, 2017). Any person or entity with a permit should dump wastes according to the requirements specified in the permit. Furthermore, Article 11 of the MEPL regulates the dumping fees. The fees are considered so low, however, that polluters would rather pollute than reduce or eliminate pollutants from their origin (Xu, 2006). China Marine Surveillance, a law enforcement agency, is mandated to inspect China’s jurisdictional waters (Zou and Zhang, 2017). Waste dumping without a permit is subject to a fine of no less than RMB30,000 but no more than RMB200,000.
The Republic of Korea adheres to the Convention, having adopted in 2007 the Marine Environmental Management Act (MEMA), which replaced the Marine Pollution Preservation Act, which had been in force since 1997. The MEMA provides for prevention of marine pollution from (1) marine vessels, offshore facilities, etc.; (2) ocean dumping in the territorial sea under the Territorial Sea and Contiguous Zone Act, the sea area as designated by a presidential decree, and the exclusive economic zone under the Exclusive Economic Zone Act; (3) environment management sea areas designated by the minister of land, transport and maritime affairs; and (4) in sea-bed mining areas designated under the Submarine Mineral Resource Development Act.
The Philippines is implementing the Convention and Protocol through the Philippine Clean Water Act of 2004. The Act prohibits dumping in water bodies or along the margins of any surface water, which could result in water pollution or block the natural flow of water. The Philippine Coast Guard implements the Act through the Philippine Coast Guard Law of 2009.
ECOLEX (1972), Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. https://www.ecolex.org/details/treaty/convention-on-the-prevention-of-marine-pollution-by-dumping-of-wastes-and-other-matter-tre-000420/?q=london+protocol+1996&xdate_min=&xdate_max= (accessed 18 October 2019).
ECOLEX (1996), 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972. https://www.ecolex.org/details/treaty/1996-protocol-to-the-convention-on-the-prevention-of-marine-pollution-by-dumping-of-wastes-and-other-matter-1972-tre-001268/?q=london+protocol+1996&xdate_min=&xdate_max= (accessed 18 October 2019).
International Maritime Organisation (IMO) (1985), Report of the Ninth Consultative Meeting. IMO. http://www.imo.org/fr/KnowledgeCentre/ReferencesAndArchives/IMO_Conferences_and_Meetings/London_Convention/LCandLDCReports/Documents/Report%20of%20LDC%209%20September%201985.pdf (accessed 18 October 2019).
International Maritime Organisation (IMO) (2019a), Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. http://www.imo.org/en/OurWork/Environment/LCLP/Pages/default.aspx (accessed 18 October 2019).
International Maritime Organisation (IMO) (2019b), Status of IMO Treaties: Comprehensive information on the status of multilateral conventions and instruments in respect of which the International Maritime Organisation or its Secretary-General performs depositary or other functions. IMO. http://www.imo.org/en/About/Conventions/StatusOfConventions/Documents/Status%20-%202019.pdf (accessed 18 October 2019).
S A Lentz (1987), Plastics in the Marine Environment: Legal Approaches for International Action, Marine Pollution Bulletin, 18(6B), pp.361–65. https://doi.org/10.1016/S0025-326X(87)80027-9 (accessed 18 October 2019).
United Nations (UN) (1980), Vienna Convention on the law of treaties (with annex). UN. UN. https://treaties.un.org/doc/publication/unts/volume%201155/volume-1155-i-18232-english.pdf (accessed 18 October 2019).
L Xu, (2006), Certain issues relating to the criteria of levying fees on ocean wastes dumping, Ocean Development and Management, 3, p17 [in Chinese].
K Zou, and L Zhang (2017), Implementing the London Dumping Convention in East Asia, Asia-Pacific Journal of Ocean Law and Policy, 2, pp247–67.
Basel Convention
The Basel Convention was designed to eliminate the risks from transboundary movements of hazardous and other wastes. Article 6 Number 1 of the Convention states: ‘The State of export shall not allow the generator or exporter to commence the transboundary movement until it has received written confirmation that: (a) the notifier has received the written consent of the State of import; and (b) the notifier has received from the State of import confirmation of the existence of a contract between the exporter and the disposer specifying environmentally sound management of the wastes in question’. In its initial version, the Convention covered several categories of waste, including wastes collected from households, but did not include the movement of solid plastic waste (including scrap plastic of non-halogenated polymers and co-polymers, cured waste resins or condensation products, and fluorinated polymer wastes) as listed in B3010 of Annex IX. Table 1 shows the status of adoption of the Basel Convention by the ASEAN+3 countries.
Table 1. Status of Adoption of the Basel Convention
Country | Status of Adoption (date)* | |||
Signature | Ratification | Accession | Acceptance | |
Brunei Darussalam | - | - | 16 December 2002 | - |
Cambodia | - | - | 02 March 2001 | - |
Indonesia | - | - | 20 September 1993 | - |
Lao PDR | - | - | 21 September 2010 | - |
Malaysia | - | - | 08 October 1993 | - |
Myanmar | - | - | - | 06 January 2015 |
Singapore | - | - | 02 January 1996 | - |
Thailand | 22 March 1990 | 24 November 1997 | - | - |
The Philippines | 22 March 1989 | 21 October 1993 | - | - |
Viet Nam | - | - | 13 March 1995 | - |
China | 22 March 1990 | 17 December 1991 | - | - |
Japan | - | - | 17 September 1993 | - |
Republic of Korea | - | - | 28 February 1994 | - |
* ‘Signature’ authenticates and expresses the willingness to ratify or accept. ‘Ratification’ defines the international act whereby a state indicates its consent to be bound to a treaty. ‘Accession’ is the act whereby a state accepts the offer or the opportunity to be bound to a treaty which has been negotiated and signed by other states. ‘Acceptance’ has the same legal effect as ratification and consequently expresses the consent of a state to be bound by a treaty. In certain states, ‘Acceptance’ is used instead of ‘Ratification’ when, at a national level, constitutional law does not require the treaty to be ratified by the head of state. Source: UN (1980).
Source: UN (1989).
In 1995, the Ban Amendment was adopted by the third meeting of the Conference of the Parties. It provides the prohibition by each Party included in the proposed Annex VII (Parties and other States which are members of the Organisation for Economic Co-operation and Development, the European Community, Liechtenstein) of all transboundary movements of certain hazardous wastes intended for final disposal, as well as destined for reuse, recycling, or recovery operations, to States not listed in the Annex VII. The Ban Amendment should enter into force between Parties who have accepted it on the 90th day after the receipt by the depositary of their instrument of ratification, approval, formal confirmation, or acceptance by at least three-fourths of the Parties who accepted the Amendment. Table 2 lists the status of adoption of the amendment by the ASEAN+3 countries.
Table 2. Status of Adoption of the Amendment to the Basel Convention
Country | Status of Adoption (date)* | ||
Ratification | Accession | Acceptance | |
Brunei Darussalam | - | - | 16 December 2002 |
Cambodia | - | - | - |
Indonesia | 24 October 2005 | - | - |
Lao PDR | - | - | - |
Malaysia | 26 October 2001 | - | |
Myanmar | - | - | - |
Singapore | - | - | - |
Thailand | - | - | - |
The Philippines | - | - | - |
Viet Nam | - | - | - |
China | 01 May 2001 | - | - |
Japan | - | - | - |
Republic of Korea | - | - | - |
* ‘Signature’ authenticates and expresses the willingness to ratify or accept. ‘Ratification’ defines the international act whereby a state indicates its consent to be bound to a treaty. ‘Accession’ is the act whereby a state accepts the offer or the opportunity to be bound to a treaty which has been negotiated and signed by other states. ‘Acceptance’ has the same legal effect as ratification and consequently expresses the consent of a state to be bound by a treaty. In certain states, ‘Acceptance’ is used instead of ‘Ratification’ when, at a national level, constitutional law does not require the treaty to be ratified by the head of state. Source: UN (1980).
Source: UN (1995).
The Fourteenth Conference of Parties of the Basel Convention, held on 14 May 2019, amended Annexes II, VIII, and IX of the Convention. Y 48, on plastic wastes that are a mixture of multiple types of plastics and/or contaminated with other kind of waste, was added to Annex II, which classifies wastes requiring special consideration. Mixtures of plastic waste, consisting of polyethylene, polypropylene, and/or polyethylene terephthalate are excluded from Annex II. Added to Annex VIII (list of hazardous waste) was listing A3210, which concerns plastic wastes, including mixtures of such wastes containing or contaminated with Annex I constituents to an extent that they exhibit an Annex III characteristic. In Annex IX, which lists wastes not under control of the Basel convention, B3011 is replaced with B3010. B3010 states as follows:
Plastic waste listed below, provided it is destined for recycling in an environmentally sound manner and almost free from contamination and other types of wastes:
Plastic waste almost exclusively consisting of one non-halogenated polymer, including but not limited to the following polymers:
Polyethylene (PE)
Polypropylene (PP)
Polystyrene (PS)
Acrylonitrile butadiene styrene (ABS)
Polyethylene terephthalate (PET)
Polycarbonates (PC)
Polyethers
Plastic waste almost exclusively consisting of one cured resin or condensation product, including but not limited to the following resins:
Urea formaldehyde resins
Phenol formaldehyde resins
Melamine formaldehyde resins
Epoxy resins
Alkyd resins
Plastic waste almost exclusively consisting of one of the following fluorinated polymers:
Perfluoroethylene/propylene (FEP)
Perfluoroalkoxy alkanes:
Tetrafluoroethylene/perfluoroalkyl vinyl ether (PFA)
Tetrafluoroethylene/perfluoromethyl vinyl ether (MFA)
Polyvinylfluoride (PVF)
Polyvinylidenefluoride (PVDF)
Mixtures of plastic waste, consisting of polyethylene (PE), polypropylene (PP) and/or polyethylene terephthalate (PET), provided they are destined for separate recycling of each material and in an environmentally sound manner, and almost free from contamination and other types of wastes.
The amendment will be effective in January 2021.
Basel Convention (2019), BC-14/12: Amendments to Annexes II, VIII and IX to the Basel Convention. http://www.basel.int/TheConvention/ConferenceoftheParties/ReportsandDecisions/tabid/3303/ctl/Download/mid/22087/Default.aspx?id=7&ObjID=22064 (accessed 24 October 2019).
United Nations (UN) (1980), Vienna Convention on the law of treaties (with annex). UN. https://treaties.un.org/doc/publication/unts/volume%201155/volume-1155-i-18232-english.pdf (accessed 24 October 2019).
United Nations (UN) (1989), Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-3&chapter=27&clang=_en (accessed 24 October 2019).
United Nations (UN) (1995), Amendment to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-3-a&chapter=27&clang=_en (accessed 24 October 2019).
MARPOL
The International Convention for the Prevention of Pollution from Ships (MARPOL) is the key international agreement to prevent marine environment pollution caused by ships’ operational and unintended activities (IMO, 2019). Although adopted in 1973, this Convention was not enforced until the Protocol was formulated in 1978 as a result of a series of ships accidents in 1976–1977. Both frameworks were combined and implemented starting 1983. The MARPOL Convention consists of the following:
Annex I Regulation for the Prevention of Pollution by Oil
Annex II Regulations for the Control of Pollution by Noxious Liquid Substance in Bulk
Annex III Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form
Annex IV Prevention of Pollution by Sewage from Ships
Annex V Prevention of Pollution by Garbage from Ships
Annex VI Prevention of Air Pollution from Ships
Annex V, enforced since 31 December 1988, specifically addresses the issue of plastic dumping from ships: ‘The disposal into the sea of all plastics, including but not limited to synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products which may contain toxic or heavy metal residues, is prohibited’.
Besides prohibition of plastic waste disposal, Regulation 3 number 2 of the Convention also calls for stricter regulations on mixed garbage discharge.
Under Annex V, special areas have priority of protection due to their oceanographical and ecological status: Mediterranean Sea, Baltic Sea, Black Sea, Read Sea, the Gulfs area, North Sea, Antarctic Sea, and the Wider Caribbean Region. Regulation 9 requires ships with a certain load to have a waste management plan that covers waste collection, storage, process, and disposal. The ships must also provide a garbage record book to record discharge operations and incineration along with their schedules.
Brunei Darussalam, Cambodia, China, Indonesia, Japan, Malaysia, Myanmar, the Philippines, Republic of Korea, Singapore, and Viet Nam have ratified Annex V. Table 1 shows the status of ASEAN+3 countries regarding MARPOL Annex V.
Table 1. Status of ASEAN+3 Countries on MARPOL Annex V
Country | Date of deposit of acceptance | Date of entry into force or succession |
|---|---|---|
Brunei Darussalam (acceptance) | 25 April 2016 | 25 July 2016 |
Cambodia | 28 November 1994 | 28 February 1995 |
China | 21 November 1988 | 21 February 1989 |
Indonesia | 24 August 2012 | 24 November 2012 |
Japan | 09 June 1983 | 31 December 1988 |
Lao PDR | ||
Malaysia | 31 January 1997 | 01 May 1997 |
Myanmar | 05 April 2016 | 05 July 2016 |
Republic of Korea | 28 February 1996 | 28 May 1996 |
Singapore | 27 May 1999 | 27 August 1999 |
Thailand | ||
The Philippines | 15 June 2001 | 15 September 2001 |
Viet Nam | 19 December 2014 | 19 March 2015 |
Source: IMO (2019).
MARPOL Annex V has 12 amendments:
Approved on 18 February 1991, this amendment recognises the North Sea as a special area of protection.
Approved on 17 March 1992, this amendment designates the Antarctic Sea as a special area of protection.
Approved on 01 April 1993, this amendment designates the Wider Caribbean as a special area for protection.
Approved on 03 March 1996, this amendment focuses on governance of port state for practical requirement.
Approved on 01 July 1997, this amendment includes regulations about placards, garbage management plans, and garbage record-keeping, where every ship must have notification about disposal requirements, conduct a comprehensive garbage plan, and provide a garbage record book.
Approved on 01 March 2002, this amendment further defines terms of ‘nearest land’, which is closely related with territorial sea. It also includes categories of plastic and types of garbage that cannot be disposed into the sea.
Approved on 01 August 2005 (IMO, 2019), this amendment includes additional information about garbage category and notes for garbage disposal recording process.
Approved on 01 January 2013, this amendment compiles previously amended regulations.
Approved on 01 August 2013 (IMO, 2019), this amendment contains requirements of regional arrangements for visiting ships.
Approved on 01 January 2016 (IMO, 2019), this amendment provides a chapter on verification of compliance, comprising audit processes for Annex implementation.
Approved on 01 January 2017, this amendment includes a chapter on sailing ships in polar waters, and explains the polar code used for sailing ships in polar waters along with environment-related requirements.
Approved on 01 March 2018, this amendment contains instructions for cargo disposal management where cargo, harmful or not, is discharged at a determined distance to protect the environment. Information on the recording process for cargo disposal and incineration is added to this amendment. A new appendix is formulated, explaining criteria for solid bulk cargoes and garbage record book form.
International Maritime Organisation (IMO) (1989), Resolution MEPC.36(28). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.36(28).pdf (accessed 16 October 2019).
IInternational Maritime Organisation (IMO) (1990), Resolution MEPC.42(30). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.42(30).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (1991), Resolution MEPC.48(31). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.48(31).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (1995), Resolution MEPC.65(37). (accessed 16 October 2019). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.65(37).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2000), Resolution MEPC.89(45). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.89(45).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2000), International Convention for the Prevention of Pollution from Ships MARPOL Version 1.0. https://www3.ufpe.br/engnaval/images/pdf/Normas/Marpol/marpol_7378_parta.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2004), Resolution MEPC.116(51). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-%28MEPC%29/Documents/MEPC.116%2851%29.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2011), Resolution MEPC.201(62). http://www.imo.org/en/OurWork/Environment/PollutionPrevention/Garbage/Documents/2014%20revision/RESOLUTION%20MEPC.201(62)%20Revised%20MARPOL%20Annex%20V.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2012), Resolution MEPC.216 (63). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-%28MEPC%29/Documents/MEPC.216%2863%29.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2014), Resolution MEPC.246 (66). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-%28MEPC%29/Documents/MEPC.246%2866%29.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO), (2015), Resolution MEPC.265 (68). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.265(68).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2016), Resolution MEPC.265 (68). https://www.mardep.gov.hk/en/msnote/pdf/msin1710anx2.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2019), Prevention of pollution by garbage from ships. http://www.imo.org/en/OurWork/Environment/PollutionPrevention/Garbage/Pages/Default.aspx (accessed 16 October 2019).
International Maritime Organisation (IMO) (2019), International Convention for the Prevention of Pollution from Ships (MARPOL). (accessed 16 October 2019). http://www.imo.org/en/About/Conventions/ListOfConventions/Pages/International-Convention-for-the-Prevention-of-Pollution-from-Ships-(MARPOL).aspx (accessed 16 October 2019).
International Maritime Organisation (IMO) (2019), Special areas under MARPOL. http://www.imo.org/en/OurWork/Environment/SpecialAreasUnderMARPOL/Pages/Default.aspx (accessed 16 October 2019).
International Maritime Organisation (IMO) (2019), Status of IMO treaties: Comprehensive information on the status of multilateral conventions and instruments in respect of which the International Maritime Organisations or its Secretary-General performs depositary or other functions. http://www.imo.org/en/About/Conventions/StatusOfConventions/Documents/Status%20-%202019.pdf (accessed 16 October 2019).