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All about Marpol
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Annex IV: Prevention of Pollution by Sewage from Ships (entered into force 27 September 2003)
Contains requirements to control pollution of the sea by sewage; the discharge of sewage into the sea is prohibited, except when the ship has in operation an approved sewage treatment plant or when the ship is discharging comminuted and disinfected sewage using an approved system at a distance of more than three nautical miles from the nearest land; sewage which is not comminuted or disinfected has to be discharged at a distance of more than 12 nautical miles from the nearest land.In July 2011, IMO adopted the most recent amendments to MARPOL Annex IV which entered into force on 1 January 2013. The amendments introduce the Baltic Sea as a special area under Annex IV and add new discharge requirements for passenger ships while in a special area.
Annex V: Prevention of Pollution by Garbage from Ships (entered into force 31 December 1988)
Deals with different types of garbage and specifies the distances from land and the manner in which they may be disposed of; the most important feature of the Annex is the complete ban imposed on the disposal into the sea of all forms of plastics.
In July 2011, IMO adopted extensive amendments to Annex V which entered into force on 1 January 2013. The revised Annex V prohibits the discharge of all garbage into the sea, except as provided otherwise, under specific circumstances.
Annex VI: Prevention of Air Pollution from Ships (entered into force 19 May 2005)
Sets limits on sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibits deliberate emissions of ozone depleting substances; designated emission control areas set more stringent standards for SOx, NOx and particulate matter.
In 2011, after extensive work and debate, IMO adopted ground breaking mandatory technical and operational energy efficiency measures which will significantly reduce the amount of greenhouse gas emissions from ships; these measures were included in Annex VI and entered into force on 1 January 2013.
Enforcement
Any violation of the MARPOL 73/78 Convention within the jurisdiction of any Party to the Convention is punishable either under the law of that Party or under the law of the flag State. In this respect, the term "jurisdiction" in the Convention should be construed in the light of international law in force at the time the Convention is applied or interpreted.
With the exception of very small vessels, ships engaged on international voyages must carry on board valid international certificates which may be accepted at foreign ports as prima facie evidence that the ship complies with the requirements of the Convention.
If, however, there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate, or if the ship does not carry a valid certificate, the authority carrying out the inspection may detain the ship until it is satisfied that the ship can proceed to sea without presenting unreasonable threat of harm to the marine environment.
Amendment Procedure
Amendments to the technical Annexes of MARPOL 73/78 can be adopted using the "tacit acceptance" procedure, whereby the amendments enter into force on a specified date unless an agreed number of States Parties object by an agreed date. In practice, amendments are usually adopted either by IMO's Marine Environment Protection Committee (MEPC) or by a Conference of Parties to MARPOL.
MARPOL 73/78 Annex I Regulations for the prevention of Pollution by Oil from ships Entered into force on 2 October 1983 Revised Annex I entered into force 1 January 2007
Waste oil generated in a ship originates from several systems, such as the sludge, slop, bilge, and ballast water system. The input of oil to the sea from ship operations is due to illegal and legal discharges. Generally, ship generated oily waste can either be delivered to shore, incinerated onboard, legally or/and illegally discharged to sea.
Oil tankers transport some 1,800 million tonnes of crude oil around the world by sea including 50 percent of U.S. oil imports (crude oil and refined products). Most of the time, oil is transported quietly and safely. Measures introduced by IMO have helped ensure that the majority of oil tankers are safely built and operated and are constructed to reduce the amount of oil spilled in the event of an accident. Operational pollution, such as from routine tank cleaning operations, has also been cut.
Behaviour of Oil at Sea
The effects of oil on marine life, are caused by either the physical nature of the oil (physical contamination and smothering) or by its chemical components (toxic effects and accumulation leading to tainting). Marine life may also be affected by clean-up operations or indirectly through physical damage to the habitats in which plants and animals live. The main threat posed to living resources by the persistent residues of spilled oils and water-in-oil emulsions ("mousse") is one of physical smothering. The animals and plants most at risk are those that could come into contact with a contaminated sea surface. Marine mammals and reptiles; birds that feed by diving or form flocks on the sea; marine life on shorelines; and animals and plants in mariculture facilities. The most toxic components in oil tend to be those lost rapidly through evaporation when oil is spilt. Because of this, lethal concentrations of toxic components leading to large scale mortalities of marine life are relatively rare, localised and short-lived. Sub-lethal effects that impair the ability of individual marine organisms to reproduce, grow, feed or perform other functions can be caused by prolonged exposure to a concentration of oil or oil components far lower than will cause death. Sedentary animals in shallow waters such as oysters, mussels and clams that routinely filter large volumes of seawater to extract food are especially likely to accumulate oil components. Whilst these components may not cause any immediate harm, their presence may render such animals unpalatable if they are consumed by man, due to the presence of an oily taste or smell. This is a temporary problem since the components causing the taint are lost (depurated) when normal conditions are restored.
The Oil Record Book Part I shall be completed on each occasion, on a tank-to-tank basis if appropriate, whenever any of the following machinery space operations takes place in the ship:
.1 ballasting or cleaning of oil fuel tanks; .2 discharge of dirty ballast or cleaning water from oil fuel tanks; .3 collection and disposal of oil residues (sludge and other oil residues); .4 discharge overboard or disposal otherwise of bilge water which has accumulated in machinery spaces; and .5 bunkering of fuel or bulk lubricating oil.
The Oil Record Book Part I, shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be preserved for a period of three years after the last entry has been made.
REQUIREMENTS FOR THE CARGO AREA OF OIL TANKERS
Control of Operational Discharge of Oil
1. Discharges outside special areas
Any discharge into the sea of oil or oily mixtures from the cargo area of an oil tanker, shall be prohibited except when all the following conditions are satisfied:
.1 the tanker is not within a special area; .2 the tanker is more than 50 nautical miles from the nearest land; .3 the tanker is proceeding en route; .4 the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile; .5 the total quantity of oil discharged into the sea does not exceed for tankers delivered on or before 31 December 1979 1/15,000 of the total quantity of the particular cargo of which the residue formed a part, and for tankers delivered after 31 December 1979 1/30,000 of the total quantity of the particular cargo of which the residue formed a part; .6 the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by this Annex.
The provisions of this regulation shall not apply to the discharge of clean or segregated ballast.
2. Discharges in special areas
Any discharge into the sea of oil or oily mixture from the cargo area of an oil tanker shall be prohibited while in a special area.
The provisions of this regulation shall not apply to the discharge of clean or segregated ballast.
Oil Discharge Monitoring and Control System
Oil tankers of 150 gross tonnage and above shall be equipped with an oil discharge monitoring and control system approved by the Administration.
The system shall be fitted with a recording device to provide a continuous record of the discharge in litres per nautical mile and total quantity discharged, or the oil content and rate of discharge. This record shall be identifiable as to time and date and shall be kept for at least three years. The oil discharge monitoring and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as will ensure that any discharge of oily mixture is
automatically stopped when the instantane-ous rate of discharge of oil exceeds that permitted by this Annex. Any failure of this monitoring and control system shall stop the discharge. In the event of failure of the oil discharge monitoring and control system a manually operated alternative method may be used, but the defective unit shall be made operable as soon as possible.
Oil Record Book, Part II - Cargo/Ballast Operations
Every oil tanker of 150 gross tonnage and above shall be provided with an Oil Record Book Part II (Cargo/Ballast Operations). The Oil Record Book Part II, whether as a part of the ship's official logbook or otherwise, shall be in the Form specified in this Annex.
The Oil Record Book Part II shall be completed on each occasion, on a tank-to-tank basis if appropriate, whenever any of the following cargo/ballast operations take place in the ship:
.1 loading of oil cargo; .2 internal transfer of oil cargo during voyage; .3 unloading of oil cargo; .4 ballasting of cargo tanks and dedicated clean ballast tanks; .5 cleaning of cargo tanks including crude oil washing; .6 discharge of ballast except from segregated ballast tanks; .7 discharge of water from slop tanks; .8 closing of all applicable valves or similar devices after slop tank discharge operations; .9 closing of valves necessary for isolation of dedicated clean ballast tanks from cargo and stripping lines after slop tank discharge operations; .10 disposal of residues.
Each operation described in this regulation shall be fully recorded without delay in the Oil Record Book Part II so that all entries in the book appropriate to that operation are completed. Each completed operation shall be signed by the officer or officers in charge of the operations concerned and each completed page shall be signed by the master of ship. The entries in the Oil Record Book Part II shall be at least in English, French or Spanish. Where entries in an official language of the State whose flag the ship is entitled to fly are also used, this shall prevail in case of dispute or discrepancy.
The Oil Record Book shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be preserved for a period of three years after the last entry has been made.
Slop Tanks
Oil tankers of 150 gross tonnage and above shall be provided with slop tank arrangements. In oil tankers delivered on or before 31 December 1979 any cargo tank may be designated as a slop tank.
Adequate means shall be provided for cleaning the cargo tanks and transferring the dirty ballast residue and tank washings from the cargo tanks into a slop tank approved by the Administration.
The arrangements of the slop tank or combination of slop tanks shall have a capacity necessary to retain the slop generated by tank washings, oil residues and dirty ballast residues.
The total capacity of the slop tank or tanks shall not be less than 3 per cent of the oil carrying capacity of the ship.
Oil tankers of 70,000 tonnes deadweight and above delivered after 31 December 1979, shall be provided with at least two slop tanks.
Reception Facilities
Reception facilities shall be provided in:
.1 all ports and terminals in which crude oil is loaded into oil tankers where such tankers have immediately prior to arrival completed a ballast voyage of not more than 72 hours or not more than 1,200 nautical miles; .2 all ports and terminals in which oil other than crude oil in bulk is loaded at an average quantity of more than 1,000 tonnes per day; .3 all ports having ship repair yards or tank cleaning facilities; .4 all ports and terminals which handle ships provided with the sludge tank(s); .5 all ports in respect of oily bilge waters and other residues, which cannot be discharged at sea in compliance with the Annex I; .6 all loading ports for bulk cargoes in respect of oil residues from combination carriers which cannot be discharged at sea in compliance with the Annex I.
LIST OF OILS
MARPOL 73/78 Annex II Regulations for the control of Pollution by Noxious Liquid Substances (NLS) Entered into force on 6 April 1987 Revised Annex II entered into force 1 January 2007
Main Features of MARPOL 73/78, Annex II
Substances posing a threat of harm to the marine environment are divided into three categories, X, Y and Z. Category X substances are those posing the greatest threat to the marine environment, whilst Category Z substances are those posing the smallest threat.
Annex II prohibits the discharge into the sea of any effluent containing substances falling under these categories, except when the discharge is made under conditions which are specified in detail for each Category. These conditions include, where applicable, such parameters as:
For certain sea areas identified as “special area” more stringent discharge criteria apply. Under Annex II the special area is the Antarctic area.
Annex II requires that every ship is provided with pumping and piping arrangements to ensure that each tank designated for the carriage of Category X, Y and Z substances does not retain after unloading a quantity of residue in excess of the quantity given in the Annex. For each tank intended for the carriage of such substances an assessment of the residue quantity has to be made. Only when the residue quantity as assessed is less than the quantity prescribed by the Annex a tank may be approved for the carriage of a Category X, Y or Z substances.
In addition to the conditions referred to above, an important requirement contained in Annex II is that the discharge operations of certain cargo residues and certain tank cleaning and ventilation operations may only be carried out in accordance with approved procedures and arrangements.
To enable the requirement of the above paragraph to be met, this Procedures and Arrangements Manual contains in section 2 all particulars of the ship’s equipment and arrangements, in section 3 operational procedures for cargo unloading and tank stripping and in section 4 procedures for discharge of cargo residues, tank washing, slops collection, ballasting and deballasting as may be applicable to the substances the ship is certified to carry.
By following the procedures as set out in this Manual, it will be ensured that the ship complies with all relevant requirements of Annex II to MARPOL 73/78.
Categorization of Noxious Liquid Substances and Other Substances
For the purpose of the regulations of Annex II, Noxious Liquid Substances shall be divided into four categories as follows:
Procedures and Arrangements Manual (P&A Manual)
Every ship certified to carry substances of Category X, Y or Z shall have on board a Manual approved by the Administration. The Manual shall have a standard format in compliance with appendix 4 to Annex II. In the case of a ship engaged in international voyages on which the language used is not English, French or Spanish, the text shall include a translation into one of these languages.
The main purpose of the Manual is to identify for the ship’s officers the physical arrangements and all the operational procedures with respect to cargo handling, tank cleaning, slops handling and cargo tank ballasting and deballasting which must be followed in order to comply with the requirements of the Annex.
Cargo Record Book (CRB)
Every ship to which Annex II applies shall be provided with a Cargo Record Book, whether as part of the ship’s official logbook or otherwise, in the form specified in appendix 2 to the Annex.
After completion of any operation specified in appendix 2 to Annex II, the operation shall be promptly recorded in the Cargo Record Book.
Each entry shall be signed by the officer or officers in charge of the operation concerned and each page shall be signed by the master of the ship. The entries in the Cargo Record Book shall be at least in English, French or Spanish. Where entries in an official national language of the State whose flag the ship is entitled to fly are also used, this shall prevail in case of a dispute or discrepancy.
The Cargo Record Book shall be kept in such a place as to be readily available for inspection and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be retained for a period of three years after the last entry has been made.
Shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances
Every ship of 150 gross tonnage and above certified to carry Noxious Liquid Substances in bulk shall carry on board a shipboard marine pollution emergency plan for Noxious Liquid Substances approved by the Administration.
The plan shall consist at least of:
Amendments to the IBC Code
Consequential amendments to the International Bulk Chemical Code (IBC Code) were also adopted, reflecting the changes to MARPOL Annex II. The amendments incorporate revisions to the categorization of certain products relating to their properties as potential marine pollutants as well as revisions to ship type and carriage requirements following their evaluation by the Evaluation of Hazardous Substances Working Group.
Ships constructed after 1986 carrying substances identified in chapter 17 of the IBC Code must follow the requirements for design, construction, equipment and operation of ships contained in the Code.
Note 1 : This flow diagram shows the basic requirements applicable to all age groups of ships and is for guidance only.
Note 2 : All discharges into the sea are regulated by Annex II.
Note 3 : Within the Antarctic area, any discharge into the sea of Noxious Liquid Substances or mixtures containing such substances is prohibited.
MARPOL 73/78 Annex III Regulations for the prevention of Pollution by harmful substances in packaged form Entered into force on 1 July 1992 Revised Annex III entered into force 1 October 2010
Legal Requirements
The regulations were developed in order to identify marine pollutants so that they could be packed and stowed on board ship in such a way as to minimise accidental pollution as well as to aid recovery by using clear marks to distinguish them from other (less harmful) cargoes.
The rules on discharging harmful goods are straightforward: "Jettisoning of harmful substances carried in packaged form shall be prohibited, except where necessary for the purpose of securing the safety of the ship or saving life at sea".
The Annex states that "appropriate measures based on the physical, chemical and biological properties of harmful substances shall be taken to regulate the washing of leakages overboard, provided that compliance with such measures would not impair the safety of the ship and persons on board." (MARPOL Annex III, Regulation 7 (1))
The Annex applies to all ships carrying harmful substances in packaged form, or in freight containers, portable tanks or road and rail tank wagons.
The regulations require the issuing of detailed standards on packaging, marking, labelling, documentation, stowage, quantity limitations, exceptions and notifications, for preventing or minimizing pollution by harmful substances.
However, implementation of the Annex was initially hampered by the lack of a clear definition of harmful substances carried in packaged form. This was remedied by amendments to the International Maritime Dangerous Goods Code (IMDG Code) to include marine pollutants.
The IMDG Code was first adopted by IMO in 1965 and lists hundreds of specific dangerous goods together with detailed advice on storage, packaging and transportation. The amendments extending the Code to cover marine pollutants, which entered into force in 1991, added the identifier "marine pollutant" to all substances classed as such. All packages containing marine pollutants must be marked with a standard marine pollutant mark.
Annex III of MARPOL was also amended at the same time, to make it clear that "harmful substances are those substances which are identified as marine pollutants in the International Maritime Dangerous Goods Code (IMDG Code)."
International Maritime Dangerous Goods (IMDG) Code
The International Maritime Dangerous Goods (IMDG) Code was developed as a uniform international code for the transport of dangerous goods by sea covering such matters as packing, container traffic and stowage, with particular reference to the segregation of incompatible substances.
Amendments to SOLAS chapter VII (Carriage of Dangerous Goods) adopted in May 2002 make the IMDG Code mandatory from 1 January
Also in May 2002, IMO adopted adopted the IMDG Code in a mandatory form - known as Amendment 31.
MARPOL 73/78 Annex IV Regulations for the prevention of Pollution by Sewage from ships Entered into force on 27 September 2003
The discharge of raw sewage into the sea can create a health hazard. Sewage can also lead to oxygen depletion and can be an obvious visual pollution in coastal areas - a major problem for countries with tourist industries.
The main sources of human-produced sewage are land- based - such as municipal sewers or treatment plants. However, the discharge of sewage into the sea from ships also contributes to marine pollution.
Legal Requirements
Annex IV contains a set of regulations regarding the discharge of sewage into the sea from ships, including regulations regarding the ships' equipment and systems for the control of sewage discharge, the provision of facilities at ports and terminals for the reception of sewage, and requirements for survey and certification. It also includes a model International Sewage Pollution Prevention Certificate to be issued by national shipping administrations to ships under their jurisdiction.
It is generally considered that on the high seas, the oceans are capable of assimilating and dealing with raw sewage through natural bacterial action. Therefore, the regulations in Annex IV of MARPOL prohibit the discharge of sewage into the sea within a specified distance of the nearest land, unless they have in operation an approved sewage treatment plant.
Governments are required to ensure the provision of adequate reception facilities at ports and terminals for the reception of sewage.
The Annex entered into force on 27 September 2003. A revised Annex IV was adopted on 1 April 2004 and entered into force on 1 August 2005.
The revised Annex applies to new ships engaged in international voyages of 400 gross tonnage and above or which are certified to carry more than 15 persons. Existing ships are required to comply with the provisions of the revised Annex IV five years after the date of entry into force of Annex IV, namely since 27 September 2008. The Annex requires ships to be equipped with either an approved sewage treatment plant or an approved sewage comminuting and disinfecting system or a sewage holding tank.
The discharge of sewage into the sea is prohibited, except when the ship has in operation an approved sewage treatment plant or when the ship is discharging comminuted and disinfected sewage using an approved system at a distance of more than three nautical miles from the nearest land. Sewage which is not comminuted or disinfected has to be discharged at a distance of more than 12 nautical miles from the nearest land.
In July 2011, the Marine Environment Protection Committee, at its sixty-second session, adopted the most recent amendments to MARPOL Annex IV by resolution MEPC.200(62) which entered into force on 1 January 2013. The amendment introduces the Baltic Sea as a special area under Annex IV and adds new discharge requirements for passenger ships while in a special area. The discharge of sewage from passenger ships within a special area will generally be prohibited under the new regulations, except when the ship has in operation a sewage treatment plant which shall be of a type approved by the national Administration.
Shipboard Sewage Pollution Sources
drainage and other wastes from any form of toilets and urinals; drainage from medical premises (dispensary, sickbay, etc.) via wash basins, wash tubs and scuppers located in such premises; drainage from spaces containing living animals; other waste waters when mixed with the drainages defined above. (Regulations not applicable to the disposal of: drainage from dishwasher, shower, laundry, bath and washbasin drains - grey water).
Ships application
new ships of ≥ 400 gross tons new ships < 400 gross tons certified to carry over 15 persons
(new ships: building contract or keel laid on/after 27 September 2003 or delivered on/after 27 September 2006)
existing ships of ≥ 400 gross tons existing ships < 400 gross tons certified to carry over 15 persons (on or after 27 September
Equipment requirements
discharge pipeline fitted with the standard discharge connection * and approved sewage treatment plant or comminuter/disinfection system with temporary means of storage or holding tank
Sewage Treatment Plant
The sewage treatment plant shall be approved by the Government of the State under whose authority the ship is operating. The approval has to be in compliance with the standards and test methods developed by IMO. The international specifications for effluent standards, construction and testing of sewage treatment systems is adopted by IMO by Resolution MEPC.2(VI) on 3 December
Sewage Comminuting and Disinfecting System
The sewage comminuting and disinfecting system shall be approved by the Government of the State under whose authority the ship is operating.
Holding Tank
The holding tank shall be constructed to the satisfaction of the Government of the State under whose authority the ship is operating and shall have a means to indicate visually the amount of its contents. The holding tank shall have a capacity that is satisfied for the retention of all sewage, having regard to the operation of the ship, the number of persons on board and other relevant factors.