Anti Fouling Convention
The Anti-fouling (AFS) Convention finally entered into force on 17 September 2008.
The delay in ratification means that the two dates cited within the convention, namely 1 January 2003 for a ban on application of organotin compounds, and 1 January 2008 for the removal or sealing of such compounds, have both been passed. The Legal Office of the IMO is of the opinion that the application date of both these provisions now moves to 17 September, while others argue that once the convention enters into force the original dates will apply.
This conflict of opinion will only lead to practical problems for shipowners where organotin coatings have been applied after 1 January 2003. Under the IMO Legal Office’s interpretation such coatings can simply be covered by a sealer coat by 17 September this year in order to be in compliance. The opposite opinion, however, holds that any such coating applied after 1 January 2003 must be completely removed before 17 September, since the Convention states that organotin compounds should not have been applied after 1 January 2003.
Despite lengthy discussions the Marine Environment Protection Committee was unable to reach consensus on this issue, and it was finally agreed that such provisions should be left for individual states to apply in accordance with their national legislation. The European Commission reiterated that European regulations do not allow either vessels flying the flag of an EU country or vessels entering EU ports to have organotin compounds on their hulls.