| MARPOL - Prevention of pollution
MARPOL 73/78
The International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the Protocol of 1978 relating thereto
Background
Oil pollution of the sea - especially in ports and
harbours - was first recognized as a problem before the First World War
and, during the 1920s and 1930s, various countries introduced measures to
control discharges of oil within their territorial waters and provide
deterrents in the form of fines for illegal discharges.
International
measures were considered, but no agreement had been reached before the
outbreak of the Second World War.
By the early 1950s, so much oil was
being transported by sea that there was growing concern about the danger
of marine pollution. In 1954, the United Kingdom organized a conference on
the subject which resulted in the adoption of the International Convention
for the Prevention of Pollution of the Sea by Oil. Following entry into
force of the IMO Convention in 1958, the depository and Secretariat
functions in relation to the Convention were transferred from the United
Kingdom Government to IMO.
The 1954 Oil Pollution Convention
Although pollution resulting from
tanker accidents was beginning to cause some concern, this Convention was
primarily aimed at pollution resulting from routine tanker operations and
from the discharge of oily wastes from machinery spaces, which were
regarded as the
major causes of oil pollution from ships.
When a tanker discharged its cargo it had to fill some of its cargo
tanks with ballast water in order to provide the necessary sea-keeping
stability and to ensure that the propeller and rudder were properly
immersed for the voyage back to the loading port. As a certain amount of
cargo oil was left clinging to the tank walls and bottom, this ballast
water became contaminated with oil, and its discharge into the sea caused
pollution.
Mixtures of oil and water were also generated by washing the
cargo tank walls and bottom with high pressure water jets. Prior to 1954
the normal practice was to pump these mixtures of oil and water and oily
residues directly into the sea.
The 1954 OILPOL Convention attempted to
tackle the problem of pollution of the seas by oil1 in two main
ways:
1. it established "prohibited zones" extending at least 50 miles
from the nearest land in which the discharge of oil or of mixtures
containing more than 100 parts of oil per million was forbidden; and
2.
it also required Contracting Parties to take all appropriate steps to
promote the provision of facilities for the reception of oily water and
residues.
In 1962, IMO adopted amendments to the Convention which
extended its application to ships of a lower tonnage and also extended the
"prohibited zones".
Further amendments were adopted in 1969, as a
result of which the operational discharge of oil was restricted in the
following ways:2
For oil tankers
Operational discharges of oil from tankers are
allowed only when all of the following conditions are met:
1. the total
quantity of oil which a tanker may discharge in any ballast voyage whilst
under way must not exceed 1/15,000 of the total cargo carrying capacity of
the vessel;
2. the rate at which oil may be discharged must not exceed
60 litres per mile travelled by the ship; and
3. no discharge of any
oil whatsoever must be made from the cargo spaces of a tanker within 50
miles of the nearest land.
A new form of oil record book is required,
in which is recorded the movement of cargo oil and its residues from
loading to discharging on a tank-to-tank basis.
For machinery spaces of all ships
The discharge from machinery space
bilges is allowed only when all of the following conditions are met:
1.
the rate at which oil may be discharged whilst the ship is under way must
not exceed 60 litres per mile being travelled by the ship;
2. the oil
content of any bilge water discharged must be below 100 parts per million;
and
3. discharge must be made as far as practicable from land.
In
1971, further amendments were adopted which afforded additional protection
to the Great Barrier Reef of Australia and also limited the size of tanks
on oil tankers, thereby minimizing the amount of oil which could escape in
the event of a collision or stranding.
The 1973 MARPOL Convention
The enormous growth in the maritime
transport of oil and the size of tankers, the increasing amount of
chemicals being carried at sea and a growing concern for the world's
environment as a whole made many countries feel that the 1954 OILPOL
Convention was no longer adequate, despite the various amendments which
had been adopted.
In 1969, the IMO Assembly - inspired partly by the
Torrey Canyon disaster of two years before - decided to convene an
international conference to adopt a completely new convention. The
conference met in London in 1973.
The Convention which was adopted is
the most ambitious international treaty covering maritime pollution ever
adopted. It deals not only with oil, but with all forms of marine
pollution except the disposal of land-generated waste into the sea by
dumping (which was covered by another convention adopted the previous
year).
Most of the technical measures are included in five annexes to
the Convention which deal respectively with the following:
Annex I - Oil
Annex II - Noxious liquid substances carried in bulk
(e.g. chemicals)
Annex III - Harmful substances carried in packages
(e.g. tanks and containers)
Annex IV - Sewage
Annex V - Garbage
The Articles
These deal with such matters as application, entry into
force, amendments, etc. Parties are obliged to ban violations of the
Convention and to take action against violators, ensuring that penalties
"shall be adequate in severity to discourage violations".
Parties are
required to co-operate in the detection of violations. Ships may be
inspected by other Parties to see if any discharges have taken place in
violation of the Convention.
Incidents involving harmful substances
must be reported without delay, in accordance with Protocol I to the
Annex: the Protocol covers such matters as the duty to report, methods of
reporting, when to make reports and contents of the report.
Any
disputes between Parties shall be settled (if this cannot be done by
negotiation) in accordance with arbitration procedures contained in
Protocol II to the articles.
The Annexes to the Convention can be
amended in a number of ways, the most important of which is the procedure
known as "tacit acceptance". After an amendment has been adopted (at a
meeting "expanded" to include all Contracting Parties, some of whom may
not be members of IMO), the amendments automatically enter into force on a
date fixed by the conference (the minimum period is 16 months) unless it
is rejected (within 10 months) by one-third of Contracting Parties, or by
Contracting Parties whose combined fleets of merchant shipping represent
at least 50 per cent of world gross tonnage.
This procedure has been
incorporated in all of IMO's technical conventions adopted since the early
1970s. It is a great improvement on the previous system, under which
amendments to IMO instruments entered into force only after being
positively accepted by two-thirds of Contracting Parties (sometimes with a
tonnage qualification as well). In practice, this procedure was so slow
that amendments to instruments such as OILPOL, sometimes never did receive
sufficient acceptances to bring them into force.
The other advantage of
tacit acceptance is that it enables the conference to fix the exact date
of entry into force of the amendment, a fact that is of considerable
benefit to administrations and industry.
The articles also deal with
entry into force. Although the Convention was to enter into force 12
months after being ratified by 15 States, the combined merchant fleets of
which constitute not less than 50 per cent of world gross tonnage of
merchant ships, Annexes III, IV and V are optional. This means that
countries can make a declaration to the effect that they do not accept one
or more of these Annexes.
The technical regulations of the Convention
are contained in the Annexes. These are summarized below.
Annex I (oil pollution)
The oil discharge criteria contained in the
1969 amendments to the 1954 OILPOL Convention (see above) are maintained,
but the total amount of oil which can be discharged into the sea is halved
for new tankers to 1/30,000 of the cargo. For discharges from machinery
spaces of all vessels, the ship must be under way, more than 12 miles from
land, and the oil content must be less than 100 ppm (regulation 9).
The
definition of oil is broadened to mean petroleum in any form, including
crude oil, fuel oil, sludge, oil refuse and refined products (other than
petrochemicals) (regulation 1).
The discharge of oil is completely
forbidden in certain "special areas"3 where the threat to the marine
environment is especially great. These include the Mediterranean Sea, the
Black Sea, the Baltic Sea, the Red Sea and the "Gulf Area" (regulation
10).
Parties to the Convention must ensure that adequate facilities are
provided for the reception of residues and oily mixtures at oil loading
terminals, repair ports, etc. (regulations 10 and 12).
An International
Oil Pollution Prevention Certificate must be issued to tankers of 150
gross tons and above and other ships of 400 gross tons and above, after
survey (regulation 5). Its duration shall not exceed five years
(regulation 8).
Oil tankers must be so constructed and equipped as to
be able to operate the load on top system and to retain oily residues on
board until they can be discharged into shore reception facilities. This
includes slop tanks, oil/water interface detectors, oil discharge
monitoring and control systems, and suitable pumping and piping
arrangements (regulation 15).
All ships of 400 gross tons and above
must be equipped with oily-water separating equipment, or a filtering
system for discharges from machinery space bilges, together with on-board
tanks for retention of oily residues from separators and purifiers.
Vessels in excess of 10,000 gross tons must be equipped with oil discharge
monitoring and control systems (regulations 16 and 17).
The limitations
on tank size adopted in the 1971 amendments to the 1954 Oil Pollution
Convention have been retained. The sizes vary according to factors such as
the arrangement of tanks, the fitting of double bottoms, the installation
of clean ballast tanks and so on, but on normal tankers centre tanks are
limited to 30,000 cubic metres and wing tanks to 15,000 cubic metres
(regulation 24).
New oil tankers of 70,000 deadweight tons and above
must be provided with segregated ballast tanks (SBTs) of sufficient
capacity to enable them to operate safely on ballast voyages without
recourse to the use of cargo tanks for ballast purposes (except in very
severe weather). The fact that SBTs are not used for carrying oil means
that no oil-water mixtures are produced - and, consequently, no pollution
(regulations 13 and 14).
New subdivision and stability requirements
have been introduced to ensure that tankers can survive assumed side or
bottom damage to a degere which is specified on the basis of the ship's
length (regulation 25).
Tankers and other ships must carry and maintain
an Oil Record Book in which all operations involving oil are to be
recorded. The book can be inspected by the authorities of any State which
is a Party to the Convention (regulation 20).
Annex II (liquid noxious substances)
This Annex contains detailed
requirements for discharge criteria and measures for the control of
pollution by liquid noxious substances carried in bulk.
The substances
are divided into four categories which are graded A to D, according to the
hazard they present to marine resources, human health or amenities. Some
250 substances have been evaluated and included in a list which is
appended to the Convention.
As with Annex I there are requirements for
the discharge of residues only into reception facilities, unless various
conditions are complied with. In any case no discharge of residues
containing noxious substances is permitted within 12 miles of the nearest
land in water of less than 25 metres in depth. Even stricter restrictions
apply in the Baltic Sea and the Black Sea. Parties to the Convention are
obliged to issue detailed requirements for the design, construction and
operation of chemical tankers which contain at least all the provisions of
the Code for the Construction and Equipment of Ships Carrying Dangerous
Chemicals in Bulk.
Operations involving substances to which Annex II
applies must be recorded in a Cargo Record Book, which can be inspected by
the authorities of any Party to the Convention.
Annex III (harmful
substances in packaged forms)
Entry into force: 1 July 1992
This Annex applies to all ships carrying harmful substances in packaged
forms, or in freight containers, portable tanks or road and rail tank
wagons. The Annex requires the issuing of detailed standards on packaging,
marking, labelling, documentation, stowage, quantity limitations,
exceptions and notifications, for preventing or minimizing pollution by
harmful substances. To help implement this requirement, the International
Maritime Dangerous Goods Code was amended to cover pollution aspects. The
amendment became effective on 1 January 1991.
Annex IV (sewage)
Status: The Annex will enter into force after
being accepted by 15 states where merchant fleets represent 50% of world
tonnage. By October 1993 it had been accepted by 51 countries with 39.2%
of world tonnage.
Ships are not permitted to discharge sewage within four miles of the
nearest land, unless they have in operation an approved treatment plant.
Between 4 and 12 miles from land, sewage must be comminuted and
disinfected before discharge.
Annex V (garbage)
Entry into force: 31 December 1988
As far as garbage is concerned, specific minimum distances have been
set for the disposal of the principal types of garbage. Perhaps the most
important feature of this Annex is the complete prohibition placed on the
disposal of plastics into the sea.
Progress towards ratification
Although it was hoped that the MARPOL
Convention would enter into force quickly, in practice, progress was very
slow. This was due largely to a number of technical difficulties, in
particular those associated with Annexes I and II.
In 1976 and 1977, a
series of accidents involving oil tankers led to increased concern about
safety and pollution. IMO was asked to call a conference to consider
further measures - including changes to MARPOL and the International
Convention for the Safety of Life at Sea, 1974 (SOLAS).
The 1978 MARPOL Protocol
When the International Conference on Tanker
Safety and Pollution Prevention (TSPP) was held early in 1978, neither
Convention was then in force and consequently could not be amended. The
new measures were, therefore, contained in two Protocols. The Conference
decided that the SOLAS Protocol should be a separate instrument, and
should enter into force after the parent Convention.
In the case of
MARPOL, however, the Conference adopted a different approach. At that
time, the principal problems preventing early ratification of the MARPOL
Convention were those associated with Annex II. The changes envisaged by
the Conference involved mainly Annex I and it was, therefore, decided to
adopt the agreed changes and, at the same time, allow Contracting States
to defer implementation of Annex II for three years after the date of
entry into force of the Protocol (i.e. until
2 October 1986). By then,
it was expected that the technical problems would have been
solved.
This procedure, in effect, meant that the Protocol had absorbed
the parent Convention. States which ratify the Protocol must also give
effect to the provisions of the 1973 Convention: there is no need for a
separate instrument of ratification for the latter. The 1973 MARPOL
Convention and the 1978 MARPOL Protocol should, therefore, be read as one
instrument, which is usually referred to as MARPOL 73/78.
The Protocol
makes a number of changes to Annex I of the parent Convention. Segregated
ballast tanks are required on all new tankers (see page 12) of 20,000
deadweight and above (in the parent Convention SBTs were only required on
new tankers of 70,000 deadweight and above).
Protocol also requires
that SBTs be protectively located, that is, they must be positioned in
such a way that they will help protect the cargo tanks in the event of a
collision or grounding.
Another important innovation concerned crude
oil washing (COW)4, which had recently been developed by the oil industry
and offered major benefits. Under COW, tanks are washed not with water,
but with crude oil - the cargo itself. The solvent action of the crude oil
makes the cleaning process far more effective than when water is used and,
at the same time, the mixture of oil and water which led to so much
operational pollution in the past is virtually ended. (There is usually a
final water rinse but the amount of water involved is very low.) At the
same time, the owner is able to discharge far more of this cargo than
before, since less of it is left clinging to the tank walls and bottoms.
COW is accepted as an alternative to SBTs on existing tankers and is an
additional requirement on new tankers.
For existing crude oil tankers,
a third alternative was permissible for a period of 2 to 4 years after
entry into force of other systems MARPOL73/78(i.e. until 2 October 1987 at
the latest). This was called dedicated clean ballast tanks (CBT) and was a
system whereby certain tanks were dedicated solely to the carriage of
ballast water. This was cheaper than a full SBT system, since it utilized
existing pumping and piping, but after the period of grace had expired
become mandatory.
The requirements of MARPOL 73/78, as they affect COW,
SBT and CBT, are given in the table.
Drainage and discharge
arrangements have also been altered in the Protocol, which introduces
regulations for improved stripping systems.
Some oil tankers operate
solely in specific trades, between ports which are provided with adequate
reception facilities. Some others do not use water as ballast. The TSPP
Conference recognized that such ships should not be subject to all MARPOL
requirements and they are consequently exempted from the SBT, COW and CBT
requirements.
Survey and certification
It is generally recognized that the
effectiveness of international conventions depends upon the degree to
which they are obeyed and this, in turn, depends largely upon the extent
to which they are enforced. The 1978 Protocol to MARPOL, therefore,
introduced stricter regulations for the survey and certification of
ships.
MARPOL 73/78 now requires:
* an initial survey before the
ship is put into service or before an International Oil Pollution
Prevention Certificate is issued;
* periodical surveys at intervals not
exceeding five years;
* a minimum of one intermediate survey during the
period of validity of the IOPP Certificate; and
* unscheduled
inspection or mandatory annual surveys must be carried out (in practice
most governments have indicated a preference for mandatory annual surveys
and IMO has, consequently, recommended that this alternative be used by
all Member States).
In addition, the action to be taken when ships are
found to be defective or substandard
has been more clearly
defined.
The 1984 amendments
Adoption: September
Entry into force: 7
January 1986
The first set of amendments to MARPOL 73/78 was adopted on 7 September
1984. The amendments entered into force, under the tacit acceptance
procedure, on 7 January 1986.
The amendments are concerned with Annex I
and are designed not only to improve existing provisions, but also to
provide a practical solution to some of the problems involved in
implementing the Annex.
The main points of the amendments are given
below.
Regulation 10: The amendments introduce requirements for special
equipment and procedures to prevent oily water being discharged into the
sea in special areas - seas such as the Mediterranean, which have special
environmental problems. Wastes cannot be discharged if the oil content
exceeds 15 parts per million.
Regulation 13: The carriage of ballast
water in cargo tanks is permitted in certain circumstances.
Regulation
14: The carriage of oil in the forepeak tank is banned.
Regulation 15:
The capacity of slop tanks can be reduced from 3 per cent to 2 per cent of
cargo carrying capacity on ships equipped with SBT, CBT or COW.
Requirements for slop tanks and certain other oil discharge and monitoring
equipment are waived for ships operating on short voyages, or within 50
miles of land, provided other conditions are met.
Regulation 16:
Requirements for oily discharge monitoring and control equipment, and
oily-water separating equipment, are waived for ships operating
exclusively within special areas, or within 12 miles of land on
"restricted" voyages, provided strict conditions are met.
Regulation
18: A basic principle of Annex I is that all discharges into the sea must
take place above the waterline, but the amendments permit underwater
discharge to take place from segregated ballast tanks, dedicated ballast
tanks and some other tanks, providing that oil and water has separated
sufficiently. The advantage of discharging below the waterline for SBTs is
that pumps and extra piping are not required, while for tanks using
gravity (the normal practice) procedures are greatly
simplified.
Regulation 20: A number of changes have been made to the
Oil Record Book which each ship (including non-tankers) is required to
carry.
Regulation 21: The discharge of oil wastes from drilling rigs
and other platforms is banned when the oil content reaches 100
ppm.
Regulation 25: This regulation is intended to ensure that tankers
can survive assumed damage. The requirements vary according to the ship's
length. The requirements have been considerably strengthened.
The 1985 amendments
Adoption: December
Entry into force: 6 April
1987
Having, by the 1984 amendments, updated Annex I of the Convention, IMO
turned its attention to Annex II. Like Annex I this had originally been
adopted at the 1973 Conference, but unlike Annex I had never been
updated.
The Annex was due to become effective on 2 October 1986 (3
years after Annex I), but it was clear that Annex II was not only outdated
in many respects but also presented considerable difficulties as far as
implementation was concerned. IMO, consequently, prepared a number of
important changes to the Annex which were formally adopted at an
"expanded" meeting of IMO's Marine Environment Protection Committee in
December 1985. They entered into force on 6 April 1987.
Among the major
changes were the following:
* Survey and certification requirements
were brought into line with Annex I (regulations 10-12)
* Restrictions
on the carriage of category B and C substances were introduced (regulation
5A)
* A scheme for the mandatory pre- washing of cargo tanks was
introduced (regulation 8)
* The Bulk Chemical Code and the
International Bulk Chemical Code were made mandatory (regulation 13)
*
A new regulation dealing with oil-like noxious liquid substances was
included (regulation 14)
* The list of noxious and other substances
appended to the Annex was revised
* The form of the Cargo Record Book
was revised (regulation 9)
These amendments were designed to encourage
shipowners to improve cargo tank stripping efficiencies, and they contain
a number of specific requirements to ensure that both new and existing
chemical tankers reduce the amount of residues to be disposed of.
As a
result of adopting these requirements it has been possible to adopt
simplified procedures for the discharge of residues; furthermore, the
amendments were expected to reduce the quantities of B and C substances
that are discharged into the sea.
The Committee agreed that the
proposed amendments to Annex II, by bringing about a significant reduction
in the generation of wastes resulting from shipboard operations, would not
only result in a remarkable reduction of marine pollution by noxious
liquid substances from ships, but would also reduce drastically the
environmental problems ashore involved with the treatment and ultimate
disposal of wastes received from ships. In addition, the amendments
provided for improved possibilities for executing effective port State
control, thus ensuring full compliance with the provisions of the
Annex.
At the same meeting, the MEPC decided that the implementation
date of the existing Annex should also be deferred until 6 April 1987. If
this had not been done, the Annex would have entered into force in October
1986 only to be changed in crucial aspects, including the Certificate and
Cargo Record Book, barely six months later. This would have imposed a
considerable burden on Administrations and the shipping
community.
Another important feature of the 1985 amendments to MARPOL
was to make the International Bulk Chemical Code mandatory. This Code also
became mandatory (as far as safety aspects are concerned) on 1 July 1986,
when amendments to the International Convention for the Safety of Life at
Sea, 1974 (SOLAS) enter into force.
The MEPC expanded the Code to cover
pollution aspects as well, and the MARPOL amendments have made the Code
mandatory from 6 April 1987. The effective inclusion of the IBC Code in
MARPOL 73/78 is particularly important because the Code is concerned with
carriage requirements, i.e. cargo containment, materials of construction,
piping arrangements and so on.
Annex II itself deals with the discharge
of cargoes.
Another amendment to Protocol I of the Convention
(provisions concerning Reports on Incidents Involving Harmful Substances)
make it a requirement to report incidents involving discharge into the sea
of harmful substances in packaged form.
The 1987 amendment
Adoption: December
Entry into force: 1 April
1989
The purpose of the amendment, which affects regulation 10 of Annex I,
makes the Gulf of Aden a "special area", thus giving it greater protection
against discharges of oil.
1989 (March) amendments
Adoption: March
Entry into force: 13
October 1990
One group of amendments affect the International Code for the
Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk
(IBC Code). This is mandatory under both MARPOL 73/78 and SOLAS and
applies to ships built on or after 1 July 1986.
A second group concerns
the Code for the Construction and Equipment of Ships Carrying Dangerous
Chemicals in Bulk (BCH). In both cases, the amendments include revised
list of chemicals. The BCH Code is mandatory under MARPOL 73/78 but is
voluntary under SOLAS 1974.
The third group of amendments affect Annex
II of MARPOL. The list of chemicals in appendices II and III are replaced
by new ones.
1989 (October) amendments
Adoption: October
Entry into force: 18
February 1991
The amendments make the North Sea a "special area" under Annex V of the
convention. This greatly increases the protection of the sea against the
dumping of garbage from ships.
The 1990 amendments
Adoption: March
Entry into force: six months
after the entry into force of the 1988 SOLAS and Load Line Protocols
One of IMO's major achievements in recent years has been the
development of a new harmonized system of surveys and certification. The
new system will align the survey and certification requirements of MARPOL
73/78 with those in the International Convention on Load Lines, 1966 and
the International Convention on the Safety of Life at Sea, 1974
(SOLAS).
At present these requirements are not harmonized, with the
result that the ship could have to go for a mandatory survey under a
convention a few months after being surveyed in connection with another.
By making the intervals between surveys the same, as far as possible, many
mandatory surveys can be carried out at the same time.
Not only will
this be beneficial for the shipowner, who will save time and money, but it
will also aid Government authorities who are responsible for carrying out
the surveys.
Although tacit acceptance can be used to amend MARPOL this
is not possible as far as SOLAS and the Load Lines Conventions are
concerned. In both cases the changes have been introduced by means of
protocols which will enter into force 12 months after being accepted by 15
States whose combined merchant fleets constitute at least 50% of world
gross tonnage.
The MARPOL amendments are expected to enter into force
under tacit acceptance six months after the protocols.
Other amendments
will introduce the harmonized system into the IBC and BCH Codes. They will
enter into force on the same date as the MARPOL amendments.
The 1990 (Annexes I and V) amendments
Adoption: November
Entry
into force: 17 March 1992
The amendments make the Antarctic a Special Area under Annexes I and
V.
The 1991 amendments
Adoption: July
Entry into force: 4 April
1993
The amendments affect Annexes I and V. The amendments to Annex I add a
new chapter IV to the Annex entitled Prevention of Pollution arising from
an Oil Pollution Incident. It requires oil tankers of 150 gross tons and
above and ships other than tankers of 400 gt and above to carry a
shipboard oil pollution emergency plan approved by the Administration of
the country whose flag the ship flies. For ships built before 4 April 1993
this requirement may be applied 24 months later.
The plan must be in
accordance with guidelines developed by IMO. These were approved in March
1992 and are now available as an IMO publication. The plan must detail the
procedure to be followed in reporting an oil pollution incident, as is
required by article 8 and Protocol I of the MARPOL Convention. This
procedure has itself been described in a resolution adopted by IMO in 1989
(A.648(16)).
The plan must list authorities to be connected in the
event of an oil pollution incident, a description of the action which must
be taken and the procedures and point of contact on the ship for
co-ordinating shipboard actions with national and local
authorities.
The amendments involve changes to the International Oil
Pollution Prevention (IOPP) Certificate and the Oil Record Book which are
both required by MARPOL 73/78.
The amendments were adopted in response
to a resolution adopted in 1990 by the International Conference on Oil
Pollution Preparedness and Response which required all ships to carry an
oil pollution emergency plan.
The amendments to Annex V of MARPOL
designate the Wider Caribbean area as a Special Area. This gives the Wider
Caribbean greater protection against the disposal into the sea of garbage
from ships. A number of other seas have been given this status, most of
which have particular problems because of heavy maritime traffic or low
water exchange caused by the land-locked nature of the sea
concerned.
The Wider Caribbean includes the Caribbean itself, the Gulf
of Mexico and a number of other seas and bays extending as far south as
French Guiana.
The 1992 amendments
Adoption: March
Entry into force: 6 July
1993
These amendments are generally regarded as the most important changes
to be made to the Convention since the adoption of the 1978
Protocol.
In the past MARPOL, the 1978 Protocol and the many amendments
which have been adopted over the years have been concerned mainly with
minimizing operational pollution and they have concentrated mainly on new
ships.
Although some of the 1992 amendments are concerned with
minimizing operational pollution, two new regulations in Annex I are
designed to drastically reduce pollution resulting from accidents - and
they apply to existing as well as new tankers.
Regulation 13F deals
with new tankers of 600 dwt and above. These are tankers for which the
building contract is placed after 6 July 1993; the keels of which are laid
on or after 6 January 1994; or which are delivered on or after 6 July
1996.
Tankers of 5,000 dwt and above must be fitted with double bottoms
and wing tanks extending the full depth of the ship's side. The regulation
allows mid-deck height tankers with double-sided hulls, such as those
developed by the Japanese and European shipbuilders, as an alternative to
double hull construction.
Other methods of design and construction may
also be accepted provided that they ensure the same level of protection
against pollution in the event of a collision or stranding. These design
methods must be approved by the MEPC based on guidelines which are to be
developed by IMO.
Oil tankers of 600 dwt and above but less than 5,000
dwt, must be fitted with double bottom tanks and the capacity of each
cargo tank is limited to 700 cubic metres, unless they are fitted with
double hulls.
Regulation 13G is concerned with existing crude carriers
of 20,000 dwt and above and existing product carriers of 30,000 dwt and
above.
It makes provision for an enhanced programme of inspections to
be implemented, particularly for tankers which are more than five years
old.
With the exception of ships already fitted with double hulls,
existing tankers must comply with the requirements of 13F not later than
30 years after their date of delivery. In addition, pre-MARPOL tankers,
not later than 25 years after their date of delivery, must provide side or
bottom protection to cover at least 30% of the cargo tank
area.
Regulation 13G also allows for future acceptance of other
structural or operational arrangements - such as hydrostatic balance - as
alternatives to the protective measures spelled out in the
Regulation.
The MARPOL 73/78 Convention has been ratified by 70
countries whose fleets comprise about 90% of the world merchant marine. In
practice, virtually every tanker operating today complies with MARPOL
73/78 and the adoption of the amendments will have a major impact upon the
tanker market.
It is anticipated that many older tankers which cannot
be brought up to the new standard economically will be scrapped, and the
MEPC recognised this by adopting a resolution on the development of ship
scrapping capacity to ensure the smooth implementation of the
amendments.
The resolution recommends Member Governments to take
initiatives in co-operation with the shipbuilding and shipping industries,
to develop scrapping facilities at a world-wide level, to promote research
and development programmes and to provide technical assistance to
developing countries in developing ship scrapping facilities.
The
adoption of the amendments was first proposed in 1990 and originally
involved only double hulls. At that time several of IMO's Member States
said that other designs should be accepted as equivalents and that
measures for existing ships should also be contemplated. In 1991 a major
study into the comparative performances of the double-hull and mid-height
deck tanker designs was carried out by IMO, with funding from the oil and
tanker industry.
It concluded in January 1992 that the two designs
could be considered as equivalent, although each gives better or worse
outflow performance under certain conditions.
The other amendments
adopted in March 1992 are concerned with operational oil pollution. The
amount of oil which can be discharged into the sea as a result of routine
operations has been drastically reduced.
The amendments are concerned
with discharges of oily wastes resulting from tank cleaning operations and
with discharges from machinery space bilges on non-tankers of 400 grt and
above. The latter are forbidden to discharge such wastes if the oil
content exceeds 100 parts per million. The amendments reduce this to 15ppm
(an amount which is virtually undetectable). The new standard will apply
to all ships built after 6 July 1993 but there will be a five-year period
of grace for existing ships (until 6 July 1998).
As far as tankers are
concerned the existing regulations permit tankers to discharge oily wastes
(outside special areas) at a rate of 60 litres per nautical mile. The
amendments reduce this to 30 litres. There is no period of grace for
existing tankers because there is no difficulty involved in altering the
monitoring equipment.
The 1994 amendments
Adoption: November
Entry into force: 3 March
1996 (under tacit acceptance)
The amendments affect four of the Convention's five technical annexes
and were all designed to improve the way it is implemented. They will make
it possible for ships to be inspected when in the ports of other Parties
to the Convention to ensure that crews are able to carry out essential
shipboard procedures relating to marine pollution prevention. These are
contained in resolution A.742 (18), which was adopted by the IMO Assembly
in November 1993.
The Annexes affected are Annex I, which deals with
oil pollution: Annex II, which is concerned with pollution by noxious
liquid substances (such as chemicals); Annex III, containing regulations
for the prevention of pollution by harmful substances in packaged form;
and Annex V, which deals with garbage.
The amendments are similar to
those made to the International Convention for the Safety of Life at Sea
(SOLAS), 1974 in May 1995. A number of IMO Conventions contain provisions
for port State control inspections but previously these have been limited
primarily to certification and the physical condition of the ship and its
equipment.
Extending port State control to operational requirements is
seen as an important way of improving the efficiency with which
international safety and anti-pollution treaties are implemented.
The 1995 amendments
Adoption: 14 September 1995
Entry into force:
1 July 1997
The amendments concern Annex V. They are designed to improve the way
the Convention is implemented. Regulation 2 has been clarified and a new
regulation 9 added dealing with placards, garbage management plans and
garbage record keeping.
The 1996 amendments
Adoption: 10 July 1996
Entry into force: 1
January 1998 (under tacit acceptance)
One set of amendments concerns Protocol I to the Convention which
contains provisions for reporting incidents involving harmful substances.
The amendments include more precise requirements for the sending of such
reports.
Other amendments are intended to bring requirements in MARPOL
concerning the IBC and BCH Codes into line with amendments already adopted
to SOLAS.
The 1997 Amendments
Adoption: 23 September 1997
Entry into force:
1 February 1999
A new Regulation 25A to Annex 1 specifies intact stability criteria for
double hull tankers.
Another amendment makes the North West European
waters a "special area" under Regulation 10 of Annex 1. The waters cover
the North Sea and its approaches, the Irish Sea and its approaches, the
Celtic Sea, the English Channel and its approaches and part of the North
East Atlantic immediately to the West of Ireland.
In special areas,
discharge into the sea of oil or oily mixture from any oil tanker and ship
over 400 gt is prohibited. Other special areas already designated under
Annex I of MARPOL include: the Mediterranean Sea area, the Baltic Sea
area, the Red Sea area, the Gulf of Aden area and the Antarctic area.
The Protocol of 1997 (Annex VI)
Adoption: 26 September 1997
Entry
into force: 12 months after being accepted by 15 states with not less than
50% of world merchant shipping tonnage5
The Protocol adds a new Annex VI on Regulations for the Prevention of
Air Pollution from Ships to the Convention.
The rules will set limits
on sulphur oxide and nitrogen oxide emissions from ship exhausts and
prohibit deliberate emissions of ozone depleting substances.
The new
Annex VI includes a global cap of 4.5% m/m on the sulphur content of fuel
oil and calls on IMO to monitor the worldwide average sulphur content of
fuel once the Protocol comes into force.
Annex VI contains provisions
allowing for special 'SOx Emission Control Areas' to be established with
more stringent control on sulphur emissions. In these areas, the sulphur
content of fuel oil used on board ships must not exceed 1.5% m/m.
Alternatively, ships must fit an exhaust gas cleaning system or use any
other technological method to limit SOx emissions. The Baltic Sea is
designated as a SOx Emission Control area in the Protocol.
Annex VI
prohibits deliberate emissions of ozone depleting substances, which
include halons and chlorofluorocarbons (CFCs). New installations
containing ozone depleting substances are prohibited on all ships. But new
installations containing hydro-chlorofluorocarbons (HCFCs) are permitted
until 1 January 2020.
The requirements of the IMO protocol are in
accordance with the Montreal Protocol of 1987, as amended in London in
1990. The Montreal Protocol is an international environmental treaty,
drawn up under the auspices of the United Nations, under which nations
agreed to cut CFC consumption and production in order to protect the ozone
layer.
Annex VI sets limits on emissions of nitrogen oxides (NOx) from
diesel engines. A mandatory NOx Technical Code, to be developed by IMO,
will define how this is to be done.
The Annex also prohibits the
incineration on board ship of certain products, such as contaminated
packaging materials and polychlorinated biphenyls (PCBs).
Format of the new Annex VI
The new Annex VI consists of three
Chapters and a number of Appendices:
_ Chapter 1 - General
_ Chapter II - Survey, Certification and
Means of Control
_ Chapter III - Requirements for Control of Emissions
from Ships
_ Appendices including the form of the International Air
Pollution Prevention Certificate; criteria and procedures for designation
of SOx emission control areas; information for inclusion in the bunker
delivery note; approval and operating limits for shipboard incinerators;
test cycles and weighting factors for verification of compliance of marine
diesel engines with the NOx limits; and details of surveys and inspections
to be carried out.
The 1999 amendments
Adoption: 1
July 1999
Entry into force: 1 January 2001 (under tacit
acceptance)
Amendments to Regulation 13G of Annex I (Regulations for the
Prevention of Pollution by Oil) make existing oil tankers between 20,000
and 30,000 tons deadweight carrying persistent product oil, including
heavy diesel oil and fuel oil, subject to the same construction
requirements as crude oil tankers.
Regulation 13G requires, in principle, existing tankers to comply
with requirements for new tankers in Regulation 13F, including double hull
requirements for new tankers or alternative arrangements, not later than
25 years after date of delivery.
The amendments extend the application from applying to crude oil
tankers of 20,000 tons deadweight and above and product carriers of 30,000
tons deadweight and above, to also apply to tankers between 20,000 and
30,000 tons deadweight which carry heavy diesel oil or fuel
oil.
The aim of the amendments is to address concerns that oil pollution
incidents involving persistent oils are as severe as those involving crude
oil, so regulations applicable to crude oil tankers should also apply to
tankers carrying persistent oils.
Related amendments to the Supplement of the IOPP (International Oil
Pollution Prevention) Certificate, covering in particular oil
separating/filtering equipment and retention and disposal of oil
residues were also adopted.
A third MARPOL 73/78 amendment adopted relates to Annex II of
MARPOL Regulations for the Control of Pollution by Noxious Liquid
Substances in Bulk. The amendment adds a new regulation 16 requiring a
Shipboard marine pollution emergency plan for noxious liquid
substances.
Amendments were also made to the International Code for the
Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk
(IBC Code) and the Code for the Construction and Equipment of Ships
carrying Dangerous Chemicals in Bulk (BCH Code). The amendments address
the maintenance of venting systems,
The
2000 amendments
Adoption:
13 March 2000
Entry into force: 1 January 2002 (under tacit
acceptance)
The amendment to Annex III (Prevention of Pollution by Harmful
Substances Carried by Sea in Packaged Form) deletes tainting as a
criterion for marine pollutants from the Guidelines for the identification
of harmful substances in packaged form. Tainting refers to the ability of
a product to be taken up by an organism and thereby affect the taste or
smell of seafood making it unpalatable. A substance is defined as tainting
when it has been found to taint seafood.
The amendment means that products identified as being marine
pollutants solely on the basis of their tainting properties will no longer
be classified as marine pollutants.
The 2001
amendments
Adoption: 27 April 2001
Entry into force: 1 September
2002
The amendment to Annex I brings in new global timetable for
accelerating the phase-out of single-hull oil tankers. The timetable will
see most single-hull oil tankers eliminated by 2015 or earlier.
Double-hull tankers offer greater protection of the environment from
pollution in certain types of accident. All new oil tankers built since
1996 are required to have double hulls.
The revised regulation identifies three categories of tankers, as
follows:
- "Category
1 oil tanker" means oil tankers of 20,000 tons deadweight and above
carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as
cargo, and of 30,000 tons deadweight and above carrying other oils,
which do not comply with the requirements for protectively located
segregated ballast tanks (commonly known as Pre-MARPOL tankers).
- "Category
2 oil tanker" means oil tankers of 20,000 tons deadweight and above
carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as
cargo, and of 30,000 tons deadweight and above carrying other oils,
which do comply with the protectively located segregated ballast tank
requirements (MARPOL tankers), while
- "Category
3 oil tanker" means an oil tanker of 5,000 tons deadweight and above but
less than the tonnage specified for Category 1 and 2 tankers.
Although the new phase-out timetable sets 2015 as the principal
cut-off date for all single-hull tankers, the flag state administration
may allow for some newer single hull ships registered in its country that
conform to certain technical specifications to continue trading until the
25th anniversary of their delivery.
However, under the provisions of paragraph 8(b), any Port State can
deny entry of those single hull tankers which are allowed to operate until
their 25th anniversary to ports or offshore terminals. They must
communicate their intention to do this to IMO.
As an additional precautionary measure, a Condition Assessment
Scheme (CAS) will have to be applied to all Category 1 vessels continuing
to trade after 2005 and all Category 2 vessels after 2010. A resolution
adopting the CAS was passed at the meeting.
Although the CAS does not specify structural standards in excess of
the provisions of other IMO conventions, codes and recommendations, its
requirements stipulate more stringent and transparent verification of the
reported structural condition of the ship and that documentary and survey
procedures have been properly carried out and completed.
The requirements of the CAS include enhanced and transparent
verification of the reported structural condition and of the ship and
verification that the documentary and survey procedures have been properly
carried out and completed. The Scheme requires that compliance with the
CAS is assessed during the Enhanced Survey Programme of Inspections
concurrent with intermediate or renewal surveys currently required by
resolution A.744(18), as amended.
The impact of MARPOL 73/78
It has been estimated that in 1981 some
1,470,000 tons of oil entered the world's oceans as a result of shipping
operations. Most of it came from routine operations, such as discharges of
machinery wastes and tank washings from oil tankers (the latter alone
contributed 700,000 tons). Accidental pollution contributed less than 30%
of the total. By 1989, it was estimated that oil pollution from ships had
been reduced to 568,800 tons. Tanker operations contributed only 158,000
tons of this. The study, which was carried out by the National Research
Council Marine Board of the United States credited MARPOL 73/78 with
making "a substantial positive impact in decreasing the amount of oil that
enters the sea".
Although the 1978 Protocol did not enter into force
until 1983, many of its requirements were already being implemented. The
"load on top" system, for example, had been mandatory since 1978 and was
installed on a voluntary basis on many tankers because it reduced the
amount of oil wasted during routine operations (and thereby increased
profits). The "new ship" and "new tanker" definitions included in the
original 1973 Convention and the 1978 Protocol also meant that all tankers
built after those dates already complied with MARPOL 73/78
requirements.
Nevertheless, the impact of MARPOL 73/78 could be even
greater in the years to come. One reason is economic. Successive increases
in the price of oil in the 1970s brought the boom in the oil trade to an
abrupt halt. Demand for tankers fell and the result was a surplus of
tonnage that
has lasted ever since. This is particularly true of the
large tankers which form the bulk of the world tanker tonnage. The great
majority of them were built in the early to mid-1970s - before the MARPOL
1973 and the 1978 Protocol were in force.
Many of these ships are now
more than 20 years old and it is generally believed that many of them will
be scrapped during the next few years, because it will be uneconomic to
bring them up to the standards required by the 1992 amendments. They will
then be replaced by new ships which will comply fully with all MARPOL
73/78 requirements.
This will almost certainly be beneficial to the
marine environment. New ships tend to be safer than older ones simply
because they are not so prone to break down. The new ships will also be
built to higher standards in preventing both operational and accidental
pollution: many VLCCs operating today are not fitted with segregated
ballast tanks or crude oil washing - their replacements will be.
It is
also hoped that during the next few years international shipping
conventions - including MARPOL 73/78 - will be much more effectively
implemented than in the past. Other measures developed by IMO are intended
to achieve this, for example, by emphasizing the responsibilities of
management and also monitoring the record of individual Governments in
putting the convention into effect. The more effective implementation of
port State control measures is also being encouraged.
The provision of
adequate reception facilities for wastes is crucial to the successful
implementation of MARPOL 73/78. They are required by five of the six
annexes (including the new Annex VI, adopted in 1997. Annex III is the
exception) and the intention is that ships will be able to retain their
wastes on board until they reach port.
Although facilities are
mandatory, in practice they are often inadequate and in some cases still
non-existent. In some countries facilities have been provided, but the
charge for using them is so excessive that many ships avoid them.
Many
countries which have large oil exports have so far failed to ratify MARPOL
73/78. One reason is that they would be obliged to provide reception
facilities for oily wastes. The costs of doing so could be very great,
since most tank cleaning operations take place during the ballast stage of
the tanker's voyage: the reception facilities required at an oil loading
port, therefore, are much greater than those needed elsewhere.
All of
this makes life very difficult for the owners and crew of the ship
concerned. MARPOL greatly limits the discharge of wastes into the sea and
in some areas bans it completely: but if the ports fail to provide the
reception facilities the captain of the ship has to dispose of the wastes
in some other way. The temptation is to do this illegally - and hope that
no one finds out.
Despite these problems, however, the next few years
should see a continued decline in the amount of wastes entering the sea as
a result of shippping operations.
Certainly MARPOL 73/78 provides an excellent legal basis for bringing
about a continued improvement.
The new generation of tankers that will
enter service from now on should be better protected against accidents and
operational pollution than those in use today.
But no matter how good
the ships are, much will still be dependent on the way they are managed
and on the competence of those who sail on them. The responsibilities for
this rest with Governments, shipowners and operators and the crews
themselves.
.Definitions
The application of MARPOL 73/78 varies
according to the age and type of the ship concerned. The 1973 convention,
for example, refers to "new ships" while the 1978 Protocol refers to "new
tankers" - as do the 1992 amendments. The table above lists the different
definitions.
_______________________________________
Information courtesy of the IMO updated
2002 |
