Voting on the IMO Net-Zero Framework at MEPC/ES.2

Following the press release issued last week expressing IBIA support for adoption of the IMO Net-Zero Framework, Dr. Edmund Hughes PhD, IBIA Representative to the IMO, shares a simple and clear explanatory note on the voting process at the 2^nd Extraordinary session of the Marine Environment Protection Committee (MEPC/ES.2), taking place from 14 to 17 October 2025.

FOR INFORMATION ONLY

MARPOL is the International Convention for the Prevention of Pollution from Ships and MARPOL Annex VI incorporates mandatory requirements for the control of emissions to air from ships and energy efficiency for ships. The Marine Environment Protection Committee of the International Maritime Organization (IMO) is the body responsible for MARPOL.

The 2nd Extraordinary Session of the Marine Environment Protection Committee (MEPC/ES.2) has been scheduled to take place from 13 to 17 October 2025 to specifically consider the adoption of a new Chapter 5 of MARPOL Annex VI “Regulations on the IMO Net-Zero Framework”.  

MARPOL requires that whenever amendments are made to the provisions of the instrument, the draft regulations must be circulated for at least six months prior to adoption.  The agreement by MEPC to circulate the draft amendments is referred to as “approval” and is a procedural rather than legal matter for the MEPC to consider.  

MEPC 83 in April 2025 considered draft amendments for the IMO Net-Zero Framework and approved their circulation. This approval followed a vote by the MEPC.  As a procedural issue rather than a legal requirement the vote to approve circulation only required a simple majority of the Member States that were “present and voting” at MEPC 83.  Some 63 Member States voted “Yes” and 16 “No” meaning 79 Member States voted and the simple majority was 40. It should be noted that abstentions and not voting are not counted towards the total ‘voting’ to determine what constitutes a majority. 

Should there be a vote at MEPC/ES.2 on whether to adopt or not the “IMO Net-Zero Framework”, as it relates to a legal requirement concerning amendments to the provisions of MARPOL Annex VI, it is only the Contracting Parties to MARPOL Annex VI that have the right to vote on the adoption of amendments.  Under international law a Contracting Party is a State (irrespective of whether it is a member of IMO or not) that has ratified or acceded to the legal instrument.  Currently MARPOL Annex VI has 108 Contracting Parties.  

For amendments to be adopted by a vote requires a two-thirds majority of the Contracting Parties that are “present and voting” to vote yes.  For example, should 100 Contracting Parties to MARPOL Annex VI attend MEPC/ES.2 and 90 of those vote either yes or no then the majority required would be 61.  At MEPC 83 in April of the Member States that voted yes to approve the circulation of the draft amendments, 57 are Contracting Parties.

Once adopted there is a tacit acceptance period of 10 months. Within this 10 month period should one-third of Contracting Parties or Contracting Parties representing at least 50% of world tonnage object to the amendments then the amendments will be deemed to have not been accepted. The amendments enter into force a minimum of 6 months after acceptance.