AGREEMENT OF CUBA TO THE INTERNATIONAL CONVENTION ON HARMFUL ANTI-FOULING SYSTEMS ON SHIPS (AFS CONVENTION-2001)
The International Maritime Organization, through the Marine Environment Protection Committee, considered the harmful effects of antifouling systems for the first time in 1988, and from then on measures were taken to counteract the possible adverse effects of the use of tributyltin compounds in antifouling paints. As early as 1990, the toxicity of tributyltin compounds was confirmed, which led the IMO Assembly at its 21st session in 1999 to adopt resolution A.895 (21) calling for the urgent need to develop a legal instrument to address the issue of the harmful effects of antifouling systems used on ships.
This led to the elaboration of the International Convention on Harmful Anti-Fouling Systems on Ships (AFS Convention-2001), ratified on October 5, 2001 and entered into force on September 17, 2008.
This convention has 21 articles and 4 annexes. Its main obligation is the commitment of the parties to reduce or eliminate the adverse effects of harmful antifouling systems on the marine environment and human health. Some concepts used in the agreement are: Administration, Antifouling Systems, Committee (referring to the IMO Marine Environment Protection Committee) and Technical Group. The main task of the Technical Group together with representatives of different organizations is to gather expertise on environmental impact, environmental damage, toxicological effects, marine biology, human health, economic analysis, risk management, international shipping, and antifouling systems coating technology or other areas of knowledge necessary to examine objectively the validity of the detailed proposals from a technical point of view.
The scope of application of the Convention covers ships under the flag of a state party; ships not operating under the flag of a state party, but operating under its authority; and all ships entering a port, shipyard or offshore terminal of a state party. Exceptions are warships, naval auxiliary vessels and vessels engaged exclusively, at the time in question, on government non-commercial service.
By subscribing to this agreement, Cuba obtains the advantages of adopting a more effective regulation for the prevention of damage to biodiversity, human health and resources caused by harmful aquatic organisms and pathogens transferred on the hulls of ships. Its signature will allow us to have voting rights in future decisions on issues related to the application of market-based measures and technology transfer. Being a party to the Convention strengthens us in the settlement of disputes between our State and other States parties and non-parties to the Convention.
Furthermore, as a State Party, we can benefit from the technology transfer actions promoted by the IMO in favor of developing countries and island States. Likewise, it will constitute a new way of expressing in the international arena our country's commitment to the environment and especially to the marine environment.
It is important to mention that, since January 1, 2013, paint manufacturers in the European Union and almost all over the world agreed to cease the supply and application of antifouling systems with organotin compounds or any other biocidal compound harmful to the marine environment, thus complying with the fundamental objective of the agreement.
The Republic of Cuba is initiating the process of signing the International Convention on Harmful Anti-Fouling Systems on Ships (AFS Convention-2001) to safely protect the geographical environment from harmful aquatic organisms and pathogenic agents, from biocides contained in hazardous anti-fouling systems on ships, which can cause so much damage to marine ecosystems, the economy and the health of human beings.