The International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001, is one of the very important agreements in protecting humans, ships, and also the marine environment from the fouling on ship hulls that has harmful effects due to the harmful substances it can carry, which can be transferred from one place to another by adhering to the hulls of ships and may pose a significant danger, containing important marine organisms from both ecological and economic perspectives, due to their toxicity and other chronic effects. Furthermore, these systems may also harm human health if contaminated seafood is consumed;
As a result of the genuine concern that gripped the international community regarding the potential threats posed by anti-fouling systems that use organotin compounds as biocides, and convinced of the necessity to gradually refrain from introducing these compounds into the marine environment; the United Nations, in the Agenda 21 at the United Nations Conference on Environment and Development in 1992, called for the necessary measures to prevent marine pollution resulting from organotin compounds used in anti-fouling systems. This was also included in Recommendation No. (21) 895.A dated 25/11/1999, which urged the Marine Environment Protection Committee of the International Maritime Organization to take the necessary steps towards issuing binding legal instruments that address the harmful effects of fouling on ship hulls, which would reflect on enhancing efficiency in maritime trade and achieving maritime security and environmental protection.
As a result of these concerted efforts, the International Convention on the Control of Harmful Anti-Fouling Systems on Ships was concluded on 5/10/2001 and entered into force internationally on 17/9/2008 after the necessary legal quorum for the entry into force of the Convention was completed, which required the accession of at least twenty-five states whose combined commercial fleets constitute no less than 25% of the total tonnage of the international commercial fleet.
A number of Arab and non-Arab countries have joined the agreement, with the total number of countries that joined the agreement reaching 75 as of 22/12/2015, representing 84.86% of the total tonnage of the international commercial fleet. However, the Kingdom of Saudi Arabia has not joined the agreement.
The International Convention on the Control of Ship's Ballast Water and Sediments to Prevent the Introduction of Invasive Species, 2001 aims to achieve several objectives, including:
1. Protecting the marine environment from pollution caused by organic materials resulting from the accumulation of suspended matter on the hull of the ship
2. Protecting the hull of ships from corrosion due to harmful fouling organisms
3. Preserving living and non-living organisms in marine waters
4. Protecting humans and animals from the damages resulting from marine pollution and its harmful effects.
5. Keeping pace with technological developments related to combating marine pollution resulting from organic materials
6. Exchanging various information between countries in the field of combating marine pollution
7. This Agreement does not impose any financial obligations other than the technical and administrative obligations necessary for the implementation of its provisions
There are several justifications for joining the Agreement, including:
1. This Agreement urges the contracting states to implement its provisions in order to achieve the objectives of the Agreement
2. Protection of the marine environment and the safety of human lives
3. Facilitation of the entry of commercial vessels into ports
4. Preservation of living and non-living organisms from harm
5. Keeping pace with various developments in the field of environmental protection and combating marine pollution, and facilitating scientific and technical research related to the effects of ship systems resistant to the adhesion of harmful pollutants
6. Joining this Agreement does not prevent any state from taking more stringent measures aimed at preventing marine pollution by organic substances or mitigating its effects
7. This Agreement helps to increase cooperation among states and exchange experiences to comply with and implement the provisions of the Agreement
8. This Agreement aids in the development and enhancement of the necessary means to combat marine pollution and the adhesion of harmful pollutants
The Agreement establishes technical obligations related to the necessity of implementing the provisions of this Agreement through the presence of qualified technical personnel to apply the provisions of the Agreement; however, it does not impose any financial obligations on the Kingdom, such as the payment of subscriptions or similar obligations.
The International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001, includes many provisions, which are as follows:
This article contains five paragraphs, which include:
A- The first paragraph: The commitment of the contracting states to apply the provisions of this Agreement and to implement it
B- The second paragraph: It included the text stating that the appurtenances to the Agreement constitute a complementary part of the Agreement
C- The third paragraph: It included the text stating that the provisions of the Agreement represent the minimum measures aimed at reducing or eliminating the effects of fouling on vessels with harmful impacts
D- The fourth paragraph: The necessity of complying with the provisions of the Agreement
E- The fifth paragraph: The contracting parties' commitment to proceed with the development of advanced systems resistant to the adhesion of impurities that are characterized by effectiveness and are environmentally safe
The definitions of the terms used and related to the Agreement included the definition of management, systems resistant to the adhesion of impurities, the Committee, the gross tonnage of the vessel, the international voyage, the length, the organization, the vessel, and the technical team.