Institutional interplay in Arctic shipping governance: role of the Arctic Council in the development of the IMO's Polar Code Piotr Graczyk PhD Candidate/Research Fellow UiT The Arctic University of Norway Arctic Frontiers, Humans in the Arctic Session: Shipping & offshore in the Arctic: IMO and observational systems for sea ice 22 January 2014, Tromsø
Outline Arctic Council s work on shipping issues AMSA and follow-up actions Arctic Council s interplay with the IMO(?) Preliminary findings
8 Arctic States (Member States) Permanent Participants (Indigenous Peoples Organisations) Observers
Arctic Council shipping activities (process) - 2004 Arctic Climate Impact Assessment (ACIA) - 2004 Arctic Marine Strategic Plan (AMSP) - 2004 Guidelines for Transfer of Refined Oil and Oil Products in Arctic Waters (TROOP) - 2004 Reykjavik Ministerial Declaration - 2009 Tromsø Declaration - 2009 Arctic Marine Shipping Assessment - 2011 Nuuk Declaration - 2013 Kiruna Declaration - 2013 Arctic Ocean Review Final Report
Arctic Council 2009 Arctic Marine Shipping Assessment - comprehensive assessment of current and future volumes of all types of shipping activities - focus on marine safety and marine environment protection - 17 negotiated policy recommendations I. Enhancing Arctic Marine Safety II. Protecting Arctic People and the Environment III. Building the Arctic Marine Infrastructure
AMSA follow-up Role of PAME Implementation Plan (matrix) Actions to be implemented at national, Arctic regional and global levels: 1) by PAME 2) by other AC Working Groups 3) nationally Monitoring mechanism within PAME Coordination and harmonization
Arctic Council AMSA follow-up - measures of implementation LEGAL MEASURES Agreement on Cooperation on Aeronautical and Maritime Search and Rescue (SAR) in the Arctic, signed 12 May 2011 in Nuuk (in force 19 January 2013) Agreement on Cooperation on Marine Oil Pollution, Preparedness and Response in the Arctic, 15 May 2013 Ministerial Meeting in Kiruna, Sweden (not in force yet) Update and making mandatory 2009 IMO Guidelines for Ships Operating in Polar Waters - as an International Code of Safety for Ships Operating in Polar Waters (Polar Code) MEASURES TO ENHANCE KNOWLEDGE Report Heavy fuel in the Arctic (PAME/ DNV) 2013 Report Identification of Arctic marine areas of heightened ecological and cultural significance: Arctic Marine Shipping Assessment (AMSA) IIC (AMAP/CAFF/ SDWG) Arctic Regional Hydrographic Commission (6 October 2010 by the five Arctic Ocean coastal states) Arctic Maritime and Aviation Transportation Infrastructure Initiative (AMATII) Arctic Indigenous Marine Use Survey (AIMUS) - Aleut International Association and the Saami Council - Inuit Circumpolar Council MEASURES TO PROVIDE INFRASTRUCTURE Marine Rescue Coordination Subcenter in Tiksi, Russia Search and Rescue Center in Naryan-Mar (opened August 2013) - first out of ten such centers (other in Murmansk, Arkhangelsk, Dudinka, Pevek, Vorkuta, Nadym, Anadyr, Tiksi and Providence to operational by 2015) Exercises under the SAR Agreement: - Table-top exercise, Whitehorse, Canada, October 2011 - SAREX 2012, Greenland, September 2012 - first live Arctic Search and Rescue Exercise
Institutional/regime interplay refers to situations when the contents, operation or consequences of one institution (the recipient regime) are significantly affected by another (the tributary regime) (Stokke 2001, Stokke and Öberthur 2011)
Arctic Council Arctic Marine Shipping Assessment I (B). IMO Measures for Arctic Shipping: That the Arctic states, in recognition of the unique environmental and navigational conditions in the Arctic, decide to cooperatively support efforts at the International Maritime Organization to strengthen, harmonize and regularly update international standards for vessels operating in the Arctic. These efforts include: - Support the updating and the mandatory application of relevant parts of the Guidelines for Ships Operating in Arctic Ice-covered Waters (Arctic Guidelines); and, - Drawing from IMO instruments, in particular the Arctic Guidelines, augment global IMO ship safety and pollution prevention conventions with specific mandatory requirements or other provisions for ship construction, design, equipment, crewing, training and operations, aimed at safety and protection of the Arctic environment.
Arctic Council Arctic Ocean Review AOR Final Report Recommendation 3: The Arctic states should support work at the IMO and other international organizations with recognized competence to promote and advance safe, secure, reliable and environmentally sound shipping, including through: timely completion and implementation of the Polar Code.
Arctic Council Ministerial Meetings 2009 TROMSØ DECLARATION Urge that the ongoing work in the IMO to update the Guidelines for Ships Operating in Arctic Ice-Covered Waters be completed, application of its relevant parts be made mandatory, and global IMO ship safety and pollution prevention conventions be augmented with specific mandatory requirements or other provisions for ship construction, design, equipment, crewing, training, and operations, aimed at safety and protection of the Arctic environment... 2011 NUUK DECLARATION Urge the completion as soon as possible of work at the International Maritime Organization to develop a mandatory polar code for ships... 2013 KIRUNA DECLARATION Recognize the important ongoing work in the International Maritime Organization to develop a mandatory Polar Code on shipping and decide to strengthen our collaboration in that work toward its expeditious completion,
Expanding interaction EPPR IMO Arctic Region Chapter: In Situ Burn (ISB) of Oil Spills on Water and Broken and Solid Ice Conditions IMO Manual in Ice and snow Conditions WMU/IMO International Conference on Safe and Sustainable Shipping in a Changing Arctic Environment
Some preliminary findings - informal linkages - overlapping representation - working group level cooperation - lack of inter-institutional communication - cognitive support from the AC - (present) observer concerns considered - little evidence of actual AC s impact on IMO s decisions (as indicated e.g. in subsequent drafts)
Interplay structure (simplified) NATIONAL AGENCY MTI, NMA (Norway) NOAA (US) TC (Canada) NATIONAL AGENCY NCA (Norway) BOEM (US) TC (Canada) Maritime Safety Committee (MSC) - SDC/SSE - Polar Code WG Marine Environment Protection Committee (MEPC)
Questions 1) To what extent did the work of AC trigger the negotiations on the Polar Code? 2) How does the AC work affect Member States policies pursued in the IMO negotiations? 3) What are the prospects for the establishment of a formal relation between the two institutions?
THANK YOU piotr.graczyk@uit.no