International
Convention for the Prevention of Pollution from Ships, 1973, as modified by the
Protocol of 1978 relating thereto (MARPOL 73/78)
Introduction
History of MARPOL 73/78
OILPOL Convention
Torrey Canyon
1973 Convention
1978 Conference
Annex I: Prevention of pollution by oil
Annex II: Control of pollution by noxious liquid substances
Annex III: Prevention of pollution by harmful substances in packaged form
Annex IV: Prevention of pollution by sewage from ships
Annex VI: Prevention of Air Pollution from Ships
Enforcement
Amendment Procedure
The 1984 amendments
The 1985 (Annex II) amendments
The 1985 (Protocol I) amendments – incident reporting
The 1987 amendments - special area extension
The 1989 (March) amendments – Annex II
The October 1989 amendments – North Sea special area
The 1990 (HSSC) amendments
The 1990 (IBC Code) amendments
The 1990 (BCH) amendments
The 1990 (Annexes I and V) amendments – Antarctic as special area
The 1991 amendments – Wider Caribbean as special area
The 1992 amendments – Double hulls made mandatory
The 1994 amendments - Implementation
The 1995 amendments – Garbage records
The 1996 amendments
The 1997 amendments – North West European waters as special area
The Protocol of 1997 adoption of Annex VI - Regulations for the Prevention of Air
Pollution from Ships
The 1999 amendments – Persistent oil
The 2000 amendments – Deletion of tainting
The 2001 amendments - revised 13 G (double hulls)
The
MARPOL Convention is the main international convention covering prevention of
pollution of the marine environment by ships from operational or accidental
causes. It is a combination of two treaties adopted in 1973 and 1978
respectively and updated by amendments through the years.
The
International Convention for the Prevention of Pollution from Ships (MARPOL)
was adopted on 2 November 1973 at IMO and covered pollution by oil, chemicals,
harmful substances in packaged form, sewage and garbage. The Protocol of 1978
relating to the 1973 International Convention for the Prevention of Pollution
from Ships (1978 MARPOL Protocol) was adopted at a Conference on Tanker Safety
and Pollution Prevention in February 1978 held in response to a spate of tanker
accidents in 1976-1977. (Measures relating to tanker design and operation were
also incorporated into a Protocol of 1978 relating to the 1974 Convention on
the Safety of Life at Sea, 1974).
As the
1973 MARPOL Convention had not yet entered into force, the 1978 MARPOL Protocol
absorbed the parent Convention. The combined instrument is referred to as the
International Convention for the Prevention of Marine Pollution from Ships,
1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), and
it entered into force on 2 October 1983 (Annexes I and II).
The
Convention includes regulations aimed at preventing and minimizing pollution
from ships - both accidental pollution and that from routine operations - and
currently includes six technical Annexes:
|
Annex I
|
Regulations for the Prevention of Pollution by Oil
|
|
Annex II
|
Regulations for the Control of Pollution by
Noxious Liquid Substances in Bulk
|
|
Annex III
|
Prevention of Pollution by Harmful Substances
Carried by Sea in Packaged Form
|
|
Annex IV
|
Prevention of Pollution by Sewage from Ships (entry
into force date 27 September 2003)
|
|
Annex V
|
Prevention of Pollution by Garbage from Ships
|
|
Annex VI
|
Prevention of Air Pollution from Ships (adopted
September 1997 - not yet in force)
|
States
Parties must accept Annexes I and II, but the other Annexes are voluntary.
History
of MARPOL 73/78
Oil pollution of the seas was recognized as a problem in the first half
of the 20th century and various countries introduced national
regulations to control discharges of oil within their territorial waters. In
1954, the United Kingdom organized a conference on oil pollution which resulted
in the adoption of the International Convention for the Prevention of
Pollution of the Sea by Oil (OILPOL), 1954. 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 Convention, which was amended in 1962, 1969 and 1971, primarily
addressed pollution resulting from routine tanker operations and from the
discharge of oily wastes from machinery spaces - regarded as the major
causes of oil pollution from ships.
The
1954 OILPOL Convention, which entered into force on 26 July 1958, attempted to
tackle the problem of pollution of the seas by oil - defined as crude oil, fuel
oil, heavy diesel oil and lubricating oil - in two main ways:
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;
it
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".
Amendments adopted in 1969 contained regulations to further restrict
operational discharge of oil from oil tankers and from machinery spaces of all
ships.
Although
the 1954 OILPOL Convention went some way in dealing with oil pollution, growth
in oil trade and developments in industrial practices were beginning to make it
clear that further action, was required. Nonetheless, pollution control was at
the time still a minor concern for IMO, and indeed the world was only beginning
to wake up to the environmental consequences of an increasingly industrialised
society.
In 1967, the tanker Torrey Canyon ran aground
while entering the English Channel and spilled her entire cargo of 120,000 tons
of crude oil into the sea. This resulted in the biggest oil pollution incident
ever recorded up to that time. The incident raised questions about
measures then in place to prevent oil pollution from ships and also exposed
deficiencies in the existing system for providing compensation following
accidents at sea.
First,
IMO called an Extra-ordinary session of its Council, which
drew up a plan of action on technical and legal aspects of the Torrey Canyon
incident. Then, the IMO Assembly decided in 1969 to convene an international
conference in 1973 to prepare a suitable international agreement for placing
restraints on the contamination of the sea, land and air by ships.
In the
meantime, in 1971, IMO adopted further amendments to OILPOL 1954 to afford
additional protection to the Great Barrier Reef of Australia and also to limit
the size of tanks on oil tankers, thereby minimizing the amount of oil which
could escape in the event of a collision or stranding.
Finally,
an international Conference in 1973 adopted the International
Convention for the Prevention of Pollution from Ships. While it was
recognized that accidental pollution was spectacular, the Conference considered
that operational pollution was still the bigger threat. As a result, the 1973
Convention incorporated much of OILPOL 1954 and its amendments into Annex I,
covering oil.
But the
Convention was also intended to address other forms of pollution from ships and
therefore other annexes covered chemicals, harmful substances carried in
packaged form, sewage and garbage. The 1973 Convention also included two Protocols
dealing with Reports on Incidents involving Harmful Substances and Arbitration.
The
1973 Convention required ratification by 15 States, with a combined merchant
fleet of not less than 50 percent of world shipping by gross tonnage, to enter
into force. By 1976, it had only received three ratifications - Jordan, Kenya
and Tunisia - representing less than one percent of the world's merchant
shipping fleet. This was despite the fact that States could become Party to the
Convention by only ratifying Annexes I (oil) and II (chemicals). Annexes III to
V, covering harmful goods in packaged form, sewage and garbage, were
optional.
It
began to look as though the 1973 Convention might never enter into force,
despite its importance.
In 1978, in response to a spate of tanker accidents in 1976-1977, IMO
held a Conference on Tanker Safety and Pollution Prevention in February 1978.
The conference adopted measures affecting tanker design and operation, which
were incorporated into both the Protocol of 1978 relating to the 1974
Convention on the Safety of Life at Sea (1978 SOLAS Protocol) and the Protocol
of 1978 relating to the 1973 International Convention for the Prevention of
Pollution from Ships (1978 MARPOL Protocol) - adopted on 17 February 1978.
More
importantly in terms of achieving the entry into force of MARPOL, the 1978
MARPOL Protocol allowed States to become Party to the Convention by first
implementing Annex I (oil), as it was decided that Annex II (chemicals) would
not become binding until three years after the Protocol entered into force.
This
gave States time to overcome technical problems in Annex II, which for some had
been a major obstacle in ratifying the Convention.
As the
1973 Convention had not yet entered into force, the 1978 MARPOL Protocol
absorbed the parent Convention. The combined instrument - the
International Convention for the Prevention of Marine Pollution from Ships,
1973 as modified by the Protocol of 1978 relating thereto (MARPOL 73/78) -
finally entered into force on 2 October 1983 (for Annexes I and II).
Annex
V, covering garbage, achieved sufficient ratifications to enter into force on
31 December 1988, while Annex III, covering harmful substances carried in
packaged form, entered into force on 1 July 1992. Annex IV, covering sewage,
enters into force on 27 September 2003. Annex VI, covering air
pollution, was adopted in September 1997 and has also not yet entered into force.
Entry
into force: 2 October 1983
The
1973 Convention maintained the oil discharge criteria prescribed in the 1969
amendments to the 1954 Oil Pollution Convention, without substantial changes,
namely:
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 liters 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.
An 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.
In
addition, in the 1973 Convention, the maximum quantity of oil permitted to be
discharged on a ballast voyage of new oil tankers was reduced from 1/15,000 of
the cargo capacity to 1/30,000 of the amount of cargo carried. These
criteria applied equally both to persistent (black) and non‑persistent (white)
oils.
As with
the 1969 OILPOL amendments, the 1973 Convention recognized the "load on
top" (LOT) system which had been developed by the oil industry in the
1960s. On a ballast voyage the tanker takes on ballast water (departure
ballast) in dirty cargo tanks. Other tanks are washed to take on clean ballast.
The tank washings are pumped into a special slop tank. After a few days, the
departure ballast settles and oil flows to the top. Clean water beneath is then
decanted while new arrival ballast water is taken on. The upper layer of the
departure ballast is transferred to the slop tanks. After further settling and
decanting, the next cargo is loaded on top of the remaining oil in the slop
tank, hence the term load on top.
A new
and important feature of the 1973 Convention was the concept of "special
areas" which are considered to be so vulnerable to pollution by oil
that oil discharges within them have been completely prohibited, with minor and
well‑defined exceptions. The 1973 Convention identified the Mediterranean
Sea, the Black Sea, and the Baltic Sea, the Red Sea and the Gulfs area as
special areas. All oil‑carrying ships are required to be capable of operating
the method of retaining oily wastes on board through the "load on
top" system or for discharge to shore reception facilities.
This
involves the fitting of appropriate equipment, including an oil‑discharge
monitoring and control system, oily‑water separating equipment and a filtering
system, slop tanks, sludge tanks, piping and pumping arrangements.
New oil
tankers (i.e. those for which the building contract was placed after 31
December 1975) of 70,000 tons deadweight and above, must be fitted with
segregated ballast tanks large enough to provide adequate operating draught
without the need to carry ballast water in cargo oil tanks.
Secondly,
new oil tankers are required to meet certain subdivision and damage stability
requirements so that, in any loading conditions, they can survive after damage
by collision or stranding.
The
Protocol of 1978 made a number of changes to Annex I of the
parent convention. Segregated ballast tanks (SBT) are required on all new
tankers of 20,000 dwt and above (in the parent convention SBTs were only
required on new tankers of 70,000 dwt and above). The Protocol also
required SBTs to 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), which had been
developed by the oil industry in the 1970s and offered major benefits.
Under COW, tanks are washed not with water but with crude oil ‑ the cargo
itself. COW was accepted as an alternative to SBTs on existing tankers
and is an additional requirement on new tankers.
For
existing crude oil tankers (built before entry into force of the Protocol) a
third alternative was permissible for a period of two to four years after entry
into force of MARPOL 73/78. The dedicated clean ballast tanks (CBT) system
meant that certain tanks are dedicated solely to the carriage of ballast
water. This was cheaper than a full SBT system since it utilized existing
pumping and piping, but when the period of grace has expired other systems must
be used.
Drainage
and discharge arrangements were also altered in the Protocol, regulations for
improved stripping systems were introduced.
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 were consequently exempted from the
SBT, COW and CBT requirements. 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.
The
1992 amendments to Annex I made it mandatory for new oil tankers to have double
hulls – and it brought in a phase-in schedule for existing tankers to fit
double hulls.
Entry
into force: 6 April 1987
Annex
II details the discharge criteria and measures for the control of pollution by
noxious liquid substances carried in bulk.
Some
250 substances were evaluated and included in the list appended to the
Convention. The discharge of their residues is allowed only to reception
facilities until certain concentrations and conditions (which vary with the
category of substances) are complied with.
In any
case, no discharge of residues containing noxious substances is permitted
within 12 miles of the nearest land. More stringent restrictions applied
to the Baltic and Black Sea areas.
Entry
into force: 1 July 1992
The
first of the convention's optional annexes. States ratifying the
Convention must accept Annexes I and II but can choose not to accept the other
three - hence they have taken much longer to enter into force.
Annex
III contains general requirements for the issuing of detailed standards on
packing, marking, labelling, documentation, stowage, quantity limitations,
exceptions and notifications for preventing pollution by harmful substances.
The
International Maritime Dangerous Goods (IMDG) Code has, since 1991, included
marine pollutants.
Annex IV: Prevention of pollution by sewage from ships
Entry
into force: 27 September 2003
The
second of the optional Annexes, Annex IV contains requirements to control
pollution of the sea by sewage.
Annex
V: Prevention of pollution by garbage from ships
Entry
into force: 31 December 1988
This
deals with different types of garbage and specifies the distances from land and
the manner in which they may be disposed of. The requirements are much
stricter in a number of "special areas" but perhaps the most important
feature of the Annex is the complete ban imposed on the dumping into the sea of
all forms of plastic.
Annex
VI: Prevention of Air Pollution from Ships
Adopted
September 1997
Entry
into force: 12 months after being ratified by 15 States whose
combined fleets of merchant shipping constitute at least 50% of the world
fleet.
Status:
See status of conventions
The
regulations in this annex, when they come into force, will set limits on
sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibit
deliberate emissions of ozone depleting substances.
See
1997 amendments
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.
Under
Article 17, the Parties to the Convention accept the obligation to promote, in
consultation with other international bodies and with the assistance of UNEP,
support for those Parties which request technical assistance for various
purposes, such as training, the supply of equipment, research, and combating
pollution.
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.
The 1984 amendments
Entry into force: 7 January 1986
The
amendments to Annex I were designed to make implementation easier and more
effective. New requirements were designed to prevent oily water being
discharged in special areas, and other requirements were strengthened.
But in some cases they were eased, provided that various conditions were met:
some discharges were now permitted below the waterline, for example, which
helps to cut costs by reducing the need for extra piping.
The
1985 (Annex II) amendments
Entry into force: 6 April 1987
The
amendments to Annex II, which deals with liquid noxious substances (such as
chemicals), were intended to take into account technological developments since
the Annex was drafted in 1973 and to simplify its implementation. In
particular, the aim was to reduce the need for reception facilities for
chemical wastes and to improve cargo tank stripping efficiencies.
The
amendments also made the International Code for the Construction and Equipment
of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) mandatory for ships built
on or after 1 July 1986. This is important because the Annex itself
is concerned only with discharge procedures: the Code contains carriage
requirements. The Code itself was revised to take into account anti‑pollution
requirements and therefore make the amended Annex more effective in reducing
accidental pollution
The 1985 (Protocol I) amendments
Entry into force: 6 April 1987
The
amendments made it an explicit requirement to report incidents involving
discharge into the sea of harmful substances in packaged form.
The
1987 Amendments
Adoption: December 1987
Entry into force: 1 April 1989
The
amendments extended Annex I Special Area status to the Gulf of Aden
The
1989 (March) amendments
Adoption: March 1989
Entry into force: 13 October 1990
The
amendments affected the International Code for the Construction and Equipment
of Ships Carrying Dangerous Chemicals in Bulk (IBC Code), mandatory under both
MARPOL 73/78 and SOLAS and applies to ships built on or after 1 July 1986
and the Code for the Construction and Equipment of Ships Carrying Dangerous
Chemicals in Bulk (BCH). In both cases, the amendments included a revised
list of chemicals. The BCH Code is mandatory under MARPOL 73/78 but
voluntary under SOLAS 1974.
Further
amendments affected Annex II of MARPOL - updating and replacing the lists
of chemicals in appendices II and III.
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
Adoption: March
1990
Entry
into force: 3 February 2000 (Coinciding with the entry into force
of the 1988 SOLAS and Load Lines Protocols.
The
amendments are designed to introduce the harmonized system of survey and
certificates (HSSC) into MARPOL 73/78 at the same time as it enters into force
for the SOLAS and Load Lines Conventions.
All
three instruments require the issuing of certificates to show that requirements
have been met and this has to be done by means of a survey which can involve
the ship being out of service for several days.
The
harmonized system alleviates the problems caused by survey dates and intervals
between surveys which do not coincide, so that a ship should no longer have to
go into port or repair yard for a survey required by one convention shortly
after doing the same thing in connection with another
instrument.
Adoption: March
1990
Entry
into force: On the same date as the March 1990 HSSC amendments
i.e. 3 February 2000.
The
amendments introduced the HSSC into the IBC Code
Adoption: March
1990
Entry
into force: On the same date as the March 1990 HSSC amendments
i.e. 3 February 2000.
The
amendments introduced the HSSC into the BCH Code.
Adoption:
November 1990
Entry
into force: 17 March 1992
The
amendments extended Special Area Status under Annexes I and V to the Antarctic.
Adoption: 4 July
1991
Entry
into force: 4 April 1993
The
amendments made the Wider Caribbean a Special Area under Annex V.
Other
amendments added a new chapter IV to Annex I, requiring ships to carry an oil
pollution emergency plan.
The amendments to Annex I of the convention which deals with pollution by oil
brought in the "double hull" requirements for tankers, applicable to
new ships (tankers ordered after 6 July 1993, whose keels were laid on or after
6 January 1994 or which are delivered on or after 6 July 1996) as well as
existing ships built before that date, with a phase-in period.
New-build
tankers are covered by Regulation 13F, while regulation 13G applies to existing
crude oil tankers of 20,000 dwt and product carriers of 30,000 dwt and above.
Regulation 13G came into effect on 6 July 1995.
Regulation
13F requires all new tankers of 5,000 dwt and above to be fitted with
double hulls separated by a space of up to 2 meters (on tankers below 5,000 dwt
the space must be at least 0.76m).
As an
alternative, tankers may incorporate the "mid‑deck" concept under
which the pressure within the cargo tank does not exceed the external
hydrostatic water pressure. Tankers built to this design have double sides but
not a double bottom. Instead, another deck is installed inside the cargo tank
with the venting arranged in such a way that there is an upward pressure on the
bottom of the hull.
Other
methods of design and construction may be accepted as alternatives
"provided that such methods ensure at least the same level of protection
against oil pollution in the event of a collision or stranding and are approved
in principle by the Marine Environment Protection Committee based on guidelines
developed by the Organization.
For oil
tankers of 20,000 dwt and above new requirements were introduced concerning
subdivision and stability.
The
amendments also considerably reduced the amount of oil which can be discharged
into the sea from ships (for example, following the cleaning of cargo tanks or
from engine room bilges). Originally oil tankers were permitted to
discharge oil or oily mixtures at the rate of 60 liters per nautical
mile. The amendments reduced this to 30 liters. For non‑tankers of 400
grt and above the permitted oil content of the effluent which may be discharged
into the sea is cut from 100 parts per million to 15 parts per million.
Regulation
24(4), which deals with the limitation of size and arrangement of cargo tanks,
was also modified.
Regulation
13G applies to existing crude oil tankers of 20,000 dwt and product
carriers of 30,000 dwt and above.
Tankers
that are 25 years old and which were not constructed according to
the requirements of the 1978 Protocol to MARPOL 73/78 have to be fitted with
double sides and double bottoms. The Protocol applies to tankers ordered after
1 June 1979, which were begun after 1 January 1980 or completed after 1 June
1982. Tankers built according to the standards of the Protocol are exempt
until they reach the age of 30.
Existing
tankers are subject to an enhanced programme of inspections during their
periodical, intermediate and annual surveys. Tankers that are five years old or
more must carry on board a completed file of survey reports together with a
conditional evaluation report endorsed by the flag Administration.
Tankers
built in the 1970s which are at or past their 25th must comply with Regulation
13F. If not, their owners must decide whether to convert them to the standards
set out in regulation 13F, or to scrap them.
Another
set of tankers built according to the standards of the 1978 protocol will soon
be approaching their 30th birthday - and the same decisions must be
taken.
The
1994 amendments
Entry into force: 3 March 1996
The
amendments affect four of the Convention's five technical annexes (II III, V,
and I) and are all designed to improve the way it is implemented. They 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
amendments are similar to those made to SOLAS in May 1994. 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 was clarified and a new regulation 9 added dealing
with placards, garbage management plans and garbage record keeping.
The
1996 amendments
Entry into force: 1 January 1998
One set
of amendments concerned Protocol I to the Convention which contains provisions for
reporting incidents involving harmful substances. The amendments included more
precise requirements for the sending of such reports.
Other
amendments brought requirements in MARPOL concerning the IBC and BCH Codes into
line with amendments adopted to SOLAS.
The
1997 amendments
Entry into force: 1 February 1999
Regulation
25A to Annex 1 specifies intact stability criteria for double hull tankers.
Another
amendment made 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.
Adoption: 26
September 1997
Entry into force: 12 months after being accepted by at least 15 states
with not less than 50% of world merchant shipping tonnage (The Conference also
adopted a Resolution which invites IMO's Marine Environment Protection
Committee (MEPC) to identify any impediments to entry into force of the
Protocol, if the conditions for entry into force have not been met by 31
December 2002).
Status: see
Status of conventions
The
Protocol was adopted at a Conference held from 15 to 26 September 1997 and adds
a new Annex VI on Regulations for the Prevention of Air Pollution from Ships
to the Convention.
The
rules, when they come into force, will set limits on sulphur oxide (SOx) and
nitrogen oxide (NOx) 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, developed by IMO, defines 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 Annex VI
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.
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
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.
Adoption: 27 April 2001
Entry into force: 1 September 2002
The
amendment to Annex I brings in a 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.
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.
Tidak ada komentar:
Posting Komentar