1 The Marine Environment Protection Committee,
at its fifty-third session (18 to 22 July 2005), and the Maritime
Safety Committee, at its eighty-first session (10 to 19 May 2006),
considered a report, concerning the discharge of active packages of
the cargo fumigant Magnesium Phosphide into New Zealand's marine waters.
2 The Committees' attention was drawn to the fact
that, while there appeared to be no prohibition on the discharge of
such material pursuant to the existing marine pollution prevention
conventions, the discharge of active packages producing phosphine
gas, represented a significant risk to the public who may encounter
them at sea.
3 The attention of Member Governments is, therefore,
drawn to the following observations.
4 The most recent version of the IMO Recommendations
on the Safe Use of Pesticides in Ships, incorporated into the Supplement
to the IMDG Code (hereafter referred to as IMO Recommendations) recommends, inter alia, that:
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.1 fumigation of this nature should only be undertaken
by a suitably qualified and trained person;
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.2 a “fumigator-in-charge” should
be designated by the fumigation company, government agency or appropriate
authority. He should be able to provide documentation to the master
confirming his competence and authorization;
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.3 the master should be provided with written
instructions by the fumigator-in-charge on the type of fumigant used,
the hazards involved, the threshold limit values (TLV) and the precautions
to be taken, and in view of the highly toxic nature of all commonly
used fumigants these should be followed carefully;
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.4 clear written instructions should be given
to the master of the ship, to the receiver of the cargo and to the
authorities at the discharging port as to how any powdery residues
are to be disposed of. Furthermore, with regard to fumigation to be
continued in transit, the ship should carry instructions on the disposal
of residual material; and
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.5 annex 4 of the IMO Recommendations also provides
a Model Checklist for in-transit fumigation with phosphine, which
should be completed and signed by both the fumigator-in-charge and
the master.
5 It is, therefore, recommended that Member Governments
issue regulations to oblige ships that carry solid cargoes requiring
fumigation, to ensure that all waste and residues are disposed of
in appropriate manner, either by incineration or by disposal on shore,
as recommended by the manufacturer.
6 Member Governments are invited to bring the
above information to the attention of shipowners, ship operators,
companies, shipmasters, fumigation companies and all other parties
concerned, requesting that appropriate action be taken in accordance
with the provisions of the relevant IMO instruments.