IMO takes a step closer to a standalone legal instrument on biofouling management

At the 13th session of the IMO’s Sub-Committee on Pollution Prevention and Response member states debated how to best develop a legally binding framework on the control and management of ships' biofouling to minimize the transfer of invasive aquatic species with several options on the table including amendment to existing instruments such as MARPOL Annex VI. However, there was clear support for the framework to take the form of a standalone instrument – with BIMCO and other industry associations supporting this way forward as the most appropriate way to ensure clarity and consistency for the industry. This recommendation will now go forwards to MEPC 84 in April for the Committee's decision.

The work will be taken forwards by a correspondence group which will take a stepwise, goal-based and risk-based approach- firstly, identifying the objectives and then developing the draft structure of the framework, including a draft list of articles, regulations and appendices and then identify a list of guidelines to be developed to support the effective implementation. If time allows some text may also be developed and considered. The group will then report back to PPR 14 to take place in January 2027.

What will the instrument cover?

The instrument will consider the standard items that would be expected within an IMO Convention- so for example appropriate provisions for testing, verification, surveys, certification, inspections, documentation, record-keeping, and enforcement as appropriate. It will also need to take into account international law such as UNCLOS and other international agreements. It is also expected to not only focus on the minimisation of invasive aquatic species but to also take into account and address potential release of hazardous materials and microplastics and implications for reduction of air pollution, greenhouse gas emissions and under water radiated noise, if any.

An industry submission, coordinated by BIMCO highlighted several issues that will need to be addressed during the upcoming discussions. These were based on feedback received from the shipping industry via the 2024 BIMCO survey. These include, in the first instance, consideration that:

• Antifouling coatings (AFCs) and operating practices, including effectiveness of AFCs, proper application, adherence to operating profiles, and damage prevention
• Niche area management and Marine Growth Prevention Systems (MGPS), including the use of MGPS and design improvements, which may necessitate different rules for new and existing ships; Biofouling condition of the hull, whereby regulation on performance monitoring should combine with existing operational practice
• Planning and record-keeping, whereby the framework should support compliance, proactive maintenance and digital integration, and align with existing  systems to avoid duplication and minimize the administrative burden
• Inspections, noting that a globally-harmonised inspection regime is needed, balancing safety and operational realities with risk-based inspections
• Proactive in-water cleaning, and where this may be permitted
• Reactive in-water cleaning where there will be a need to balance efficiency, environmental goals and operational feasibility. In-water cleaning must be readily available on a global basis under a regulatory regime. If the permitted level of biofouling is set too low the industry risks significant operational disruption. In that regard a mandatory cleaning regime potentially risks disrupting trade.

How will BIMCO take this forward?

BIMCO will represent our members throughout the discussions on the standalone instrument providing advice to shipowners, cleaning companies, ports and government authorities. Engagement of our members during these discussions will be crucial and we encourage all members to follow this topic and to reach out to us with any comments, questions and to share their experiences with biofouling management.