Strategy for Portuguese-Flagged Ships in the Arctic Ocean

By Ms Teresa Barros Cardoso

Teresa Barros Cardoso
PhD candidate, NOVA University of Lisbon – School of Social Sciences and Humanities (NOVA FCSH), Portugal
Member of the Jean Monnet OCEANID+ Centre of Excellence on ‘Sustainable Blue Europe’.


Teresa Barros Cardoso makes the case for why Portugal should have a strategy in place for Portuguese-flagged ships in Arctic waters. This is the fourth in our series of articles from the workshop Polar Perspectives. The Arctic in Human and Social Sciences in Brazil, Italy and Portugal (24 and 25 October 2024) organised by the Latin Group of Polar Sciences (Brazil, Italy and Portugal), in partnership with the Escola Superior de Defesa (Brazil), and supported by Polar Research and Policy Initiative (UK/Portugal) and the Atlantic Centre (Portugal). 


Introduction

Arctic shipping has a negative effect on the region’s air quality and on the marine environment, depending on the fuel used (for example, Heavy Fuel Oil or HFO). As a fuel with high viscosity, HFO breaks down slowly in the marine environment, especially in colder regions like the Arctic (Clean Arctic Alliance, 2024a). HFO emits a high level of sulphur oxides (SOx), nitrogen oxides (NOx), particulate matter (PM2,5; PM10), and black carbon (BC). In addition to the environmental issues, all these pollutants are associated with an increased risk of heart and lung diseases and premature death (Osipova  et al., 2024).

Attention should be drawn to BC emissions, since they are unregulated by the International Maritime Organisation (IMO) and the European Union (EU). However, several studies have emphasised the urgency of tackling BC emissions in the Arctic, highlighting their harmful effects on local communities, wildlife and the global climate system (Koivurova et al, 2021). BC has a warming effect on the climate and contributes to the accelerated melting of ice in this region (Kanga et al., 2020). Implementing measures to reduce BC emissions, such as using cleaner fuels and improving engine efficiency, is essential for mitigating its impact on the Arctic environment (Clean Arctic Alliance, 2024b).

To address these concerns, all states should adopt measures to mitigate the damaging effects of maritime transport in the Arctic, even before they are mandatory. This article presents the strategy that Portugal should adopt for Portuguese-flagged ships operating in Arctic waters. Why is this strategy relevant? The relevance is due to the significant number of Portuguese-flagged vessels operating in Arctic waters, whether one were to consider simply IMO-defined Arctic waters or the wider Geographic Arctic. The figures below confirm this, although they relate to a year which saw shipping still affected by the COVID-19 pandemic.

Portuguese-flagged ships operating in Arctic waters in 2021

According to the International Council on Clean Transportation (ICCT), there were Portuguese-flagged ships operating in the Arctic in 2021 (Geographic Arctic – excluding Baltic Sea shipping – and IMO-defined Arctic waters) (see Table 1).  

The Geographic Arctic

The Geographic Arctic is defined as the area at or above 58.95°N latitude (Clean Arctic Alliance, 2024c). In 2021, 173 Portuguese-flagged vessels operated in the Geographic Arctic (see Figures 1 to 3).

Portuguese flag ship type in geographic Arctic

Number of hours operated in the geographic Arctic

Fuel burned and pollutant emission by Portuguese ships Arctic

IMO-defined Arctic Waters

According to the IMO (2011, p. 7), ‘Arctic waters means those waters which are located north of a line extending from latitude 58º00΄.0 N, longitude 042º00΄.0 W to latitude 64°37΄.0 N, longitude 035°27΄.0 W and thence by a rhumb line to latitude 67º03΄.9 N, longitude 026º33΄.4 W and thence by a rhumb line to Sørkapp, Jan Mayen and by the southern shore of Jan Mayen to the Island of Bjørnøya and thence by a great circle line from the Island of Bjørnøya to Cap Kanin Nos and thence by the northern shore of the Asian continent eastward to the Bering Strait and thence from the Bering Strait westward to latitude 60º N as far as Il’pyrskiy and following the 60th North parallel eastward as far as and including Etolin Strait and thence by the northern shore of the North American continent as far south as latitude 60º N and thence eastward along parallel of latitude 60º.N, to longitude 56º37΄.1 W and thence to the latitude 58º00΄.0 N, longitude 042º00΄.0 W’.

In the same period, 22 Portuguese-flagged vessels operated in IMO-defined Arctic waters (see Figures 4 to 6).

Type of Portuguese-flagged ships in IMO Arctic waters

Number of hours by Portuguese-flagged ships in IMO Arctic watersFuel burned and pollutants emission by Portuguese-flagged ships in IMO Arctic waters
Strategy for Portuguese-Flagged Ships in the Arctic Ocean

According to Part XII of the United Nations Convention on the Law of the Sea (UNCLOS), “States have an obligation to protect and preserve the marine environment” (United Nations, 1982, p. 100). As a party to UNCLOS since 1997, and given the sheer number of Portuguese-flagged vessels operating in Arctic waters, the Portuguese state has an obligation to protect and preserve the marine environment in the Arctic Ocean, and would be well advised to develop an Arctic strategy for vessels flying its flag. This strategy should apply to all types of vessels and to the geographical Arctic as a whole, (and not just to the IMO definition of Arctic waters) and should include at least the following:

  1. an immediate ban on the use and transport for use of HFO;
  2. an immediate ban on the use of scrubbers;
  3. ships 20 years old or older cannot operate in Arctic waters;
  4. the use of any Arctic route requires the company/master of the vessel, before leaving the port of departure, to inform the Portuguese Maritime Administration directly, with documentary evidence, that it complies with the prohibitions set out in points 1 to 3; exemptions are not granted to ships complying with the fuel tank design requirements of Regulation 12A of Annex I to MARPOL or Regulation 1.2.1 of Chapter 1 of Part II-A of the Polar Code;
  5. vessels that do not comply with the prohibitions set out in points 1 to 3, when identified during Port State Control (PSC) or the Flag State inspections, will be expulsed from the Portuguese registers (the Conventional Register and the International Shipping Register of Madeira – MAR);
  6. control the number of cruises operating in Arctic waters.

These are the priority points. However, further could be integrated.

Conclusion

The regulatory initiatives to ban HFO in the Arctic to reduce accidental discharges and air pollutants strengthen environmental and health protection in this region. The geographic boundaries set out in the IMO’s Polar Code (IMO-defined Arctic waters) are too narrow to address pollution from shipping and other environmental impacts in Arctic waters. Given the negative impacts of BC, the IMO and the EU must regulate this pollutant.

Portugal must develop a strategy for flag vessels operating in Arctic waters, recognising that it cannot remain oblivious to that region’s global challenges. This strategy must reflect the main aspects ensuring that Portugal protects and preserves the Arctic Ocean and fulfils its obligation under Part XII of UNCLOS. In doing so, Portugal will contribute to Arctic governance and the achievement of the Sustainable Development Goals (SDG), in particular SDG 14.


References

Clean Arctic Alliance. 2024. https://cleanarctic.org/campaigns/arctic-biodiversity/heavy-fuel-oil-free-arctic/
Osipova, L., Rodrigues, P. F., Carvalho, F., & Gore, K. (2024). From concept to impact: Evaluating the potential for emissions reduction in the proposed North Atlantic Emission Control Area under different compliance scenarios. Working Paper. International Council on Clean Transportation. https://theicct.org/wp-content/uploads/2024/06/ID-146-%E2%80%93-Atlantic-ECA_final-1.pdf
Koivurova, T., Hoel, A. H., Humpert, M., Kirchner, S., Raspotnik, A., Śmieszek, M., & Stępień, A. Overview of EU actions in the Arctic and their impact. Final Report. June 2021. European Commission. EPRD Office for Economic Policy and Regional Development Ltd.
Kanga, S., Zhang, Y., Qian, Y., & Wang, H. (2020). A review of black carbon in snow and ice and its impact on the cryosphere. Earth-Science Reviews. 210:103346.
Clean Arctic Alliance (2024b, January 12). MEPC 81/5/5: Air Pollution Prevention – Regulating Black Carbon emissions from international shipping impacting the Arctic. https://cleanarctic.org/2024/01/12/mepc-81-5-5-air-pollution-prevention-regulating-black-carbon-emissions-from-international-shipping-impacting-the-arctic/.
Clean Arctic Alliance. (2024c, May 28). A Clean Arctic Alliance webinar: The Arctic Footprint of EU-Related Shipping Emissions. Liudmila Osipova, Senior Researcher, International Council on Clean Transportation https://cleanarctic.org/2024/05/14/webinar-the-arctic-footprint-of-eu-related-shipping-emissions/
IMO. 2011. Guidelines for Ships Operating in Polar Waters. Resolution A.1024(26). Adopted on 2 December 2009.
United Nations. (1982). United Nations Convention on the Law of the Sea.https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf.

Teresa Barros Cardoso is a PhD candidate at NOVA University of Lisbon – School of Social Sciences and Humanities (NOVA FCSH), Portugal, specialising in Territory and Development, with a particular focus on Arctic Governance: Sustainable Development Challenges and Portugal’s Role in the Arctic Agenda. Since starting her PhD, she has been attending meetings of the Arctic Outcomes Working Group (AOWG) – OSPAR, as Portugal’s representative. She holds a degree in Environmental Engineering from the Lusófona University, Portugal, and three Master’s degrees: (i) Law and Economics of the Sea: Ocean Governance, completed in 2024, from NOVA School of Law; (ii) Environmental Engineering, Environmental Systems and Management, completed in 2012, from NOVA School of Science & Technology and (iii) Ecology, Management and Modelling of Marine Resources, completed in 2003, from NOVA School of Science & Technology. She also holds a postgraduate diploma from Portuguese Catholic University having competed its Advanced Programme in Marine Affairs. She is a member of the Jean Monnet OCEANID+ Centre of Excellence on ‘Sustainable Blue Europe’.
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