Proposal to Revise CMM 2023-15 on the Prevention, Reduction and Elimination of Marine Pollution

At COM07, the Commission adopted CMM2023-15 on the Prevention, Reduction, and Elimination of Marine Pollution, aiming to discourage the practice of waste disposal in the Convention Area and align with the Convention's requirement for Commission Members and Cooperating non-Contracting Parties to minimize pollution or waste from fishing vessels, lost or abandoned gear, and their impacts on other species and marine ecosystems.

Korea acknowledges that the current CMM lacks a mechanism to record and report garbage/waste treatment on board vessels. Therefore, Korea suggests that the Commission mandate vessels to maintain a voluntary record of waste/garbage management and treatment. This voluntary obligation will undergo review at COM 09, following the guidelines outlined in paragraph 15 of the CMM.

Additionally, Korea proposes the inclusion of a force majeure clause concerning the implementation of paragraph 8. This clause aligns with the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matters, 1972, as amended in 2006. It aims to address implementation challenges faced by vessels in exceptional circumstances beyond their control. The force majeure clause imposes reporting obligations on both the vessel and the flag state.
Korea recommends that (i) the TCC consider these proposals, revises as necessary, and recommend the adoption of the revisions by the Commission; and (ii) the Commission considers the TCC’s recommendation and adopts a revised CMM.

Additional Note since its initial submission (as at April 3) : With consultations with some Members and NGO participants, Korea further revised the proposal to (a) include the definitions of abandoned, lost and discarded fishing gear to stay consistent with the relevant international fora such as FAO and UNEP; (b) clarify that the garbage record book applies to vessels 400 GT or greater; (c) add safety concern to the gear retrieval obligations and (d) include the reference of relevant international instruments in the review clause.