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Pollution Prevention
MARPOL
International Convention for the Prevention of
Pollution from Ships, 1973, and the Protocol of 1978 relating thereto (MARPOL
73/78)
Definitions
Harmful
substance means any substance, which, if introduced into the sea, is
liable to create hazards to human health, to harm living resources and marine
life, to damage amenities or to interfere with other legitimate uses of the
sea, and includes any substance subject to control by the present Convention.
Discharge, in
relation to harmful substances or effluents containing such substances, means
any release howsoever caused from a ship and includes any escape, disposal,
spilling, leaking, pumping, emitting or emptying;
Discharge
does not include:
(i) dumping within the meaning of the Convention on the
Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at
London on 13 November 1972; or
(ii) release of harmful substances directly arising from the
exploration, exploitation and associated offshore processing of sea-bed mineral
resources; or
(iii) release of harmful substances for purposes of legitimate
scientific research into pollution abatement or control.
Ship means a
vessel of any type whatsoever operating in the marine environment and includes
hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed
or floating platforms.
Incident means an
event involving the actual or probable discharge into the sea of a harmful
substance, or effluents containing such a substance.
Violation
Any violation of the requirements of the present
Convention shall be prohibited and sanctions shall be established therefore
under the law of the Administration of own country of the ship concerned
wherever the violation occurs. If the Administration of own country is informed
of such a violation and is satisfied that sufficient evidence is available to
enable proceedings to be brought in respect of the alleged violation, it shall
cause such proceedings to be taken as soon as possible, in accordance with its
law.
Whenever such a violation occurs, that Country shall
either:
(a) Cause
proceedings to be taken in accordance with its law; or
(b) Furnish
to the Administration of own country of the ship such information and evidence
as may be in its possession that a violation has occurred.
Where information or evidence with respect to any
violation of the present Convention by a ship is furnished to the
Administration of own country of that ship, the Administration of own country
shall promptly inform the Country, which has furnished the information or
evidence, and the Organization, of the action taken.
The penalties specified under the law of a Country
pursuant to the present article shall be adequate in severity to discourage
violations of the present Convention and shall be equally severe irrespective
of where the violations occur.
Detection of violations and enforcement of the
Convention
Countries shall co-operate in the detection of
violations and the enforcement of the provisions of the present Convention,
using all appropriate and practicable measures of detection and environmental
monitoring, adequate procedures for reporting and accumulation of evidence.
A ship to which the present Convention applies may, in any port or offshore terminal of a Country, be
subject to inspection by officers appointed or authorized by that Country for
the purpose of verifying whether the ship has discharged any harmful substances
in violation of the provisions of the regulations. If an inspection indicates a
violation of the Convention, a report shall be forwarded to the Administration
of own country for any appropriate action.
Any Country shall furnish to the Administration of own
country evidence, if any, that the ship has discharged harmful substances or
effluents containing such substances in violation of the provisions of the
regulations. If it is practicable to do so, the competent authority of the
former Country shall notify the master of the ship of the alleged violation.
Upon receiving such evidence, the Administration of
own country so informed shall investigate the matter, and may request the other
Country to furnish further or better evidence of the alleged contravention. If
the Administration of own country is satisfied that sufficient evidence is
available to enable proceedings to be brought in respect of the alleged
violation, it shall cause such proceedings to be taken in accordance with its
law as soon as possible. The Administration of own country shall promptly
inform the Country which has reported the alleged violation, as well as the
Organization, of the action taken.
A Country may also inspect a ship to which the present
Convention applies when it enters the ports or offshore terminals under its
jurisdiction, if a request for an investigation is received from any Country
together with sufficient evidence that the ship has discharged harmful
substances or effluents containing such substances in any place. The report of
such investigation shall be sent to the Country requesting it and to the
Administration of own country so that the appropriate action may be taken under
the present Convention.
A ship when in a port or an offshore terminal of
another country is subject to inspection by officers of such country concerning
operational requirements under MARPOL, where there are clear grounds for
believing that the master or crew are not familiar with essential shipboard
procedures relating to the prevention of pollution by oil.
In the above circumstances, the country shall take
such steps as will ensure that the ship shall not sail until the situation has
been brought to order in accordance with the requirements of MARPOL.
Procedures relating to the port State control
prescribed in MARPOL shall apply.
Nothing shall be understood here which would limit the
rights and obligations of a country carrying out control over operational
requirements specifically provided for in the MARPOL.
Reports on
incidents involving harmful substances
A report of an incident shall be made without delay to
the fullest extent possible in accordance with the provisions of Protocol I to
the present Convention.
Each Country to the Convention shall:
(a) make all arrangements
necessary for an appropriate officer or agency to receive and process all
reports on incidents; and
(b) notify the Organization
with complete details of such arrangements for circulation to other Parties and
Whenever a Country receives a report under the
provisions of the present article, that Country shall
relay the report without delay to:
(a) the Administration of own
country of the ship involved; and
(b) any other State which may
be affected.
Each Country to the Convention undertakes to issue
instructions to its maritime inspection vessels and aircraft and to other
appropriate services, to report to its authorities any incident referred to in
Protocol I to the present Convention. That Country shall, if it considers it
appropriate, report accordingly to the Organization and to any other Country
concerned.
Definitions
Oil means
petroleum in any form including crude oil, fuel oil, sludge, oil refuse and
refined products (other than petrochemicals which are subject to the provisions
of Annex II of the present Convention) and, without limiting the generality of
the foregoing, includes the substances listed in appendix I to this Annex.
Animal and vegetable oils are found to fall under the
category of “noxious liquid substance”
Oily
mixture means a mixture with any oil content.
Oil fuel means any
oil used as fuel in connection with the propulsion and auxiliary machinery of
the ship in which such oil is carried.
Oil tanker means a
ship constructed or adapted primarily to carry oil in bulk in its cargo spaces
and includes combination carriers and any “chemical tanker” as defined in Annex
II of the present Convention when it is carrying a cargo or part cargo of oil
in bulk.
Combination
carrier means a ship designed to carry either oil or solid cargoes
in bulk.
Nearest land
The term “from the nearest land” means from the
baseline from which the territorial sea of the territory in question is
established in accordance with international law.
Special
area means a sea area where for recognized technical reasons in
relation to its oceanographical and ecological condition and to the particular
character of its traffic the adoption of special mandatory methods for the
prevention of sea pollution by oil is required.
Instantaneous
rate of discharge of oil content means the rate of discharge of oil in litres
per hour at any instant divided by the speed of the ship in knots at the same
instant.
Wing tank means any
tank adjacent to the side shell plating.
Centre tank means any
tank inboard of a longitudinal bulkhead.
Slop tank means a
tank specifically designated for the collection of tank drainings, tank
washings and other oily mixtures.
Clean
ballast means the ballast in a tank which since oil was last carried
therein, has been so cleaned that effluent therefrom if it were discharged from
a ship which is stationary into clean calm water on a clear day would not
produce visible traces of oil on the surface of the water or on adjoining
shorelines or cause a sludge or emulsion to be deposited beneath the surface of
the water or upon adjoining shorelines. If the ballast is discharged through an
oil discharge monitoring and control system approved by the Administration of
own country, evidence based on such a system to the effect that the oil content
of the effluent did not exceed 15 parts per million shall be determinative that
the ballast was clean, notwithstanding the presence of visible traces.
Segregated
ballast means the ballast water introduced into a tank which is
completely separated from the cargo oil and oil fuel system and which is
permanently allocated to the carriage of ballast or to the carriage of ballast
or cargoes other than oil or noxious substances as variously defined in the
Annexes of the present Convention.
Surveys and inspections
(1) Every oil tanker of 150
tons gross tonnage and above, and every other ship of 400 tons gross tonnage
and above shall be subject to the surveys specified below:
(a) An initial survey before the ship is put in
service or before the Certificate required under regulation 5 of this Annex is
issued for the first time, which shall include a complete survey of its
structure, equipment, systems, fittings, arrangements and material in so far as
the ship is covered by this Annex. This survey shall be such as to ensure that
the structure, equipment, systems, fittings, arrangements and material fully
comply with the applicable requirements of this Annex.
(b) Periodical surveys at intervals specified by the
Administration of own country but not exceeding five years, which shall be such
as to ensure that the structure, equipment, systems, fittings, arrangements and
material fully comply with the requirements of this Annex.
(c) A minimum of one intermediate survey during the
period of validity of the Certificate which shall be such as to ensure that the
equipment and associated pump and piping systems, including oil discharge
monitoring and control systems, crude oil washing systems, oily-water
separating equipment and oil filtering systems, fully comply with the
applicable requirements of this Annex and are in good working order. In cases
where only one such intermediate survey is carried out in any one Certificate
validity period, it shall be held not before six months prior to, nor later
than six months after the half-way date of the Certificate’s period of
validity. Such intermediate surveys shall be endorsed on the Certificate.
Unsatisfactory condition during survey
When a nominated surveyor or recognized organization
determines that the condition of the ship or its equipment does not correspond
substantially with the particulars of the Certificate or is such that the ship
is not fit to proceed to sea without presenting an unreasonable threat of harm
to the marine environment, such surveyor or organization shall immediately
ensure that corrective action is taken and shall in due course notify the Administration
of own country. If such corrective action is not taken the Certificate should
be withdrawn and the Administration of own country shall be notified
immediately; and if the ship is in a port of another Country, the appropriate
authorities of the port State shall also be notified immediately. When an
officer of the Administration of own country, a nominated surveyor or
recognized organization has notified the appropriate authorities of the port
State, the Government of the port State concerned shall give such officer,
surveyor or organization any necessary assistance to carry out their
obligations under this regulation. When applicable, the Government of the port
State concerned shall take such steps as will ensure that the ship shall not
sail until it can proceed to sea or leave the port for the purpose of
proceeding to the nearest appropriate repair yard available without presenting
an unreasonable threat of harm to the marine environment.
In every case, the Administration of own country
concerned shall fully guarantee the completeness and efficiency of the survey
and inspection and shall undertake to ensure the necessary arrangements to
satisfy this obligation.
The condition of the ship and its equipment shall be
maintained to ensure that the ship in all respects will remain fit to proceed
to sea without presenting an unreasonable threat of harm to the marine
environment.
After any survey of the ship has been completed, no
change shall be made in the structure, equipment, systems, fittings,
arrangements or material covered by the survey, without the sanction of the
Administration of own country, except the direct replacement of such equipment
and fittings.
Certificate - International Oil Pollution Prevention
(IOPP)
An International Oil Pollution Prevention Certificate
shall be issued, after survey, to any oil tanker of 150 tons gross tonnage and
above and any other ships of 400 tons gross tonnage and above which are engaged
in voyages to ports or offshore terminals. Such certificate shall be issued either
by the Administration of own country or by any persons or organization duly
authorized by it. In every case the Administration of own country assumes full
responsibility for the certificate.
The International Oil Pollution Prevention Certificate
shall be drawn up in an official language of the issuing country in the form
corresponding to the model given in appendix II. If the language used is
neither English nor French, the text shall include a translation into one of
these languages.
Control of discharge of oil
Subject to the provisions of this regulation, any
discharge into the sea of oil or oily mixtures from ships to which this Annex
applies shall be prohibited except when all the following conditions are
satisfied:
(a) for an oil tanker, except
as provided for in subparagraph (b) of this paragraph:
(i) the tanker is not within a special
area;
(ii) the tanker is more than 50 nautical miles from the nearest
land;
(iii) the tanker is proceeding en route;
(iv) the instantaneous rate of discharge of oil content does not
exceed 30 litres per nautical mile;
(v) the
total quantity of oil discharged into the sea does not exceed for existing
tankers 1/15,000 of the total quantity of the particular cargo of which the
residue formed a part, and for new tankers 1/30,000 of the total quantity
of the particular cargo of which the residue formed a part; and
(vi) the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulation 15 of this Annex.
(b) from a ship of 400 tons
gross tonnage and above other than an oil tanker and from machinery space
bilges excluding cargo pump-room bilges of an oil tanker unless mixed with oil
cargo residue:
(i) the
ship is not within a special area;
(ii) the ship is proceeding en
route;
(iii) the oil content of the
effluent without dilution does not exceed 15 parts per million; and
(iv) the ship has in
operation equipment as required by regulation 16 of this Annex.
(XX) In the case of a ship of less than 400 tons gross
tonnage other than an oil tanker whilst outside the special area, the
Administration of own country shall ensure that it is equipped as far as
practicable and reasonable with installations to ensure the storage of oil
residues on board and their discharge to reception facilities or into the sea
in compliance with the requirements MARPOL.
The provisions of the above paragraph (XX) of this
regulation shall not apply to the discharge of clean or segregated ballast.
The provisions of the previous paragraph (XX) of this
regulation shall not apply to the discharge of processed bilge water from
machinery spaces, provided that all of the following conditions are satisfied:
(i) the
bilge water does not originate from cargo pump-room bilges;
(ii) the bilge water is not
mixed with oil cargo residues;
(iii) the ship is proceeding
en route;
(iv) the oil content of the
effluent without dilution does not exceed 15 parts per million;
(v) the ship has in operation
oil filtering equipment; and
(vi) the filtering system is
equipped with a stopping device which will ensure that the discharge is
automatically stopped when the oil content of the effluent exceeds 15 parts per
million.
Retention
on board
The oil residues which cannot be discharged into the
sea shall be retained on board or discharged to reception facilities.
Special Areas
the Antarctic area,
the
The Gulf
area,
North‑west
European waters
Discharge from Ship
Any discharge into the sea of oil or oily mixture from
any oil tanker and any ship of 400 tons gross tonnage and above other than an
oil tanker shall be prohibited while in a special area. In respect of the
Antarctic area, any discharge into the sea of oil or oily mixture from any ship
shall be prohibited.
Except as provided for in respect of the Antarctic
area, any discharge into the sea of oil or oily mixture from a ship of less
than 400 tons gross tonnage, other than an oil tanker, shall be prohibited
while in a special area, except when the oil content of the effluent without
dilution does not exceed 15 parts per million.
Exceptions
Regulations regarding prohibited discharge shall not
apply to:
(a) the discharge into the sea of oil or oily mixture
necessary for the purpose of securing the safety of a ship or saving life at
sea; or
(b) the discharge into the
sea of oil or oily mixture resulting from damage to a ship or its equipment:
(i) provided
that all reasonable precautions have been taken after the occurrence of the
damage or discovery of the discharge for the purpose of preventing or
minimizing the discharge; and
(ii) except if the owner or
the master acted either with intent to cause damage, or recklessly and with
knowledge that damage would probably result; or
(c) the discharge into the sea of substances
containing oil, approved by the Administration, when being used for the purpose
of combating specific pollution incidents in order to minimize the damage from
pollution. Any such discharge shall be subject to the approval of any
Government in whose jurisdiction it is contemplated the discharge will occur.
Ballast
Water
In no case
shall ballast water be carried in cargo tanks, except:
(a) on those rare voyages when weather conditions are
so severe that, in the opinion of the master, it is necessary to carry
additional ballast water in cargo tanks for the safety of the ship; and
(b) in exceptional cases
where the particular character of the operation of an oil tanker renders it
necessary to carry ballast water in excess of the quantity required under
MARPOL, provided that such operation of the oil tanker falls under the category
of exceptional cases as established by the Organization.
Such additional ballast water shall be processed and
discharged in compliance with the regulations and an entry shall be made in the
Oil Record Book
In the case of new crude oil tankers, the additional
ballast shall be carried in cargo tanks only if such tanks have been crude oil
washed before departure from an oil unloading port or terminal.
Crude oil washing operational Manual
Every oil
tanker operating with crude oil washing systems shall be
provided with an Operations and Equipment Manual detailing the system and
equipment and specifying operational procedures. Such a Manual shall be to the satisfaction
of the Administration of own country. If an alteration affecting the crude oil
washing system is made, the Operations and Equipment Manual shall be revised
accordingly.
Segregation
of oil and water ballast and carriage of oil in forepeak tanks
Ships of 4,000 tons gross tonnage and above other than
oil tankers, and in new oil tankers of 150 tons gross tonnage and above, no
ballast water shall be carried in any oil fuel tank.
Where abnormal conditions or the need to carry large
quantities of oil fuel render it necessary to carry ballast water which is not
a clean ballast in any oil fuel tank, such ballast water shall be discharged to
reception facilities or into the sea in compliance with MARPOL using the MARPOL
equipment, and an entry shall be made in the Oil Record Book to this effect.
Above ships which are required to stay at sea for
extended periods because of the particular nature of their operation and trade.
Under the circumstances considered these ships would be required to fill their
empty oil fuel tanks with water ballast in order to maintain sufficient
stability and safe navigation conditions.
Such ships may include certain large fishing vessels
or ocean-going tugs. Certain other types of ships which for reasons of safety,
such as stability, may be required to carry ballast in oil fuel tanks may also
be included in this category.
All other ships shall comply with the requirements of
paragraph (1) of this regulation as far as is reasonable and practicable.
Including - new ships other than oil tankers of less
than 4,000 tons gross tonnage; new oil tankers of less than 150 tons gross
tonnage; and all existing ships irrespective of tonnage.
When the separation of oil fuel tanks and water
ballast tanks is unreasonable or impracticable for ships mentioned above,
ballast water may be carried in oil fuel tanks, provided that such ballast
water is discharged into the sea in compliance with MARPOL or into reception
facilities.
Oil shall not be carried in a forepeak tank or a tank
forward of the collision bulkhead as far as is reasonable and practicable.
Oil Record Book
Every oil tanker of 150 tons gross tonnage and above
and every ship of 400 tons gross tonnage and above other than an oil tanker
shall be provided with an Oil Record Book Part
I (Machinery Space Operations). Every oil tanker of 150 tons gross tonnage
and above shall also be provided with an Oil Record Book
Part II
(Cargo/Ballast Operations). The Oil Record Book(s), whether as a part of the
ship’s official log-book or otherwise, shall be in the form(s) specified
The Oil Record Book shall be completed on each
occasion, on a tank-to-tank basis if appropriate, whenever any of the following
operations take place in the ship:
(a) for machinery space
operations (all ships):
(i) ballasting
or cleaning of oil fuel tanks;
(ii) discharge of dirty
ballast or cleaning water from tanks referred to under (i)
of the subparagraph;
(iii) disposal of oily
residues (sludge);
(iv) discharge overboard or
disposal otherwise of bilge water which has accumulated in machinery spaces;
(b) for cargo/ballast
operations (oil tankers):
(i) loading
of oil cargo;
(ii) internal transfer of oil
cargo during voyage;
(iii) unloading of oil cargo;
(iv) ballasting of cargo
tanks and dedicated clean ballast tanks;
(v) cleaning of cargo tanks
including crude oil washing;
(vi) discharge of ballast
except from segregated ballast tanks;
(vii) discharge of water from
slop tanks;
(viii) closing of all
applicable valves or similar devices after slop tank discharge operations;
(ix) closing of valves
necessary for isolation of dedicated clean ballast tanks from cargo and
stripping lines after slop tank discharge operations;
(x) disposal of residues.
(3) In the event of such discharge of oil or oily
mixture or in the event of accidental or other exceptional discharge of oil not
excepted by that regulation, a statement shall be made in the Oil Record Book
of the circumstances of, and the reasons for, the discharge.
(4) Each operation shall be fully recorded without
delay in the Oil Record Book 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
shall be in an official language of the State whose flag the ship is entitled
to fly, and, for ships holding an International Oil Pollution Prevention
Certificate, in English or French. The entries in an official national language
of the State whose flag the ship is entitled to fly shall prevail in case of a
dispute or discrepancy.
(5) 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.
(6) The competent authority of the Government of a
Country to the Convention may inspect the Oil Record Book on board any ship
while the ship is in its port or offshore terminals and may make a copy of any
entry in that book and may require the master of the ship to certify that the
copy is a true copy of such entry. Any copy so made which has been certified by
the master of the ship as a true copy of an entry in the ship’s Oil Record Book
shall be made admissible in any judicial proceedings as evidence of the facts
stated in the entry.
Unless expressly provided otherwise the provisions of
Annex II shall apply to all ships carrying noxious liquid substances in bulk.
Categorization and listing of noxious liquid
substances
Noxious liquid substances are divided into four
categories as follows:
(a) Category A: Noxious liquid substances which if
discharged into the sea from tank cleaning or deballasting operations would
present a major hazard to either marine resources or human health or cause
serious harm to amenities or other legitimate uses of the sea and therefore
justify the application of stringent anti-pollution measures.
(b) Category B: Noxious liquid substances which if
discharged into the sea from tank cleaning or deballasting operations would
present a hazard to either marine resources or human health or cause harm to
amenities or other legitimate uses of the sea and therefore justify the
application of special anti-pollution measures.
(c) Category C: Noxious liquid substances which if
discharged into the sea from tank cleaning or deballasting operations would
present a minor hazard to either marine resources or human health or cause
minor harm to amenities or other legitimate uses of the sea and therefore
require special operational conditions.
(d) Category D: Noxious liquid substances which if
discharged into the sea from tank cleaning or deballasting operations would
present a recognizable hazard to either marine resources or human health or
cause minimal harm to amenities or other legitimate uses of the sea and
therefore require some attention in operational conditions.
Special area
Special area means a sea area where for recognized technical reasons in relation to its oceanographic and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by noxious liquid substances is required.
Special areas shall be:
(a) the
(b) the
(c) the Antarctic area
Pumping, piping and unloading arrangements
Every ship constructed on or after 1 July 1986 shall
be provided with pumping and piping arrangements to ensure, through testing
under favourable pumping conditions, that each tank designated for the carriage
of a Category B substance does not retain a quantity of residue in excess of
0.1 m3 in the tank’s associated piping and in the immediate vicinity of that
tank’s suction point.
Every ship constructed before 1 July 1986 shall be
provided with pumping and piping arrangements to ensure, through testing under
favourable pumping conditions, that each tank designated for the carriage of a
Category B substance does not retain a quantity of residue in excess of 0.3 m3
in the tank’s associated piping and in the immediate vicinity of that tank’s
suction point.
Every ship constructed on or after 1 July 1986 shall
be provided with pumping and piping arrangements to ensure, through testing
under favourable pumping conditions, that each tank designated for the carriage
of a Category C substance does not retain a quantity of residue in excess of
0.3 m3 in the tank’s associated piping and in the immediate vicinity of that
tank’s suction point.
Every ship constructed before 1 July 1986 shall be
provided with pumping and piping arrangements to ensure, through testing under
favourable pumping conditions, that each tank designated for the carriage of a
Category C substance does not retain a quantity of residue in excess of 0.9 m3
in the tank’s associated piping and in the immediate vicinity of that tank’s
suction point.
Procedures
and Arrangements Manual
Each ship which carries noxious liquid substances in
bulk should be provided with a Manual as described in this chapter.
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 Annex II.
The Manual should be based on the Standards. It should
cover all noxious liquid substances which the ship is certified fit to carry.
The Manual should as a minimum contain the following
information and operational instructions:
.1 a description of the main
features of Annex II, including discharge requirements;
.2 a table of noxious liquid
substances which the ship is certified fit to carry and which specifies
information on these substances as detailed in appendix D;
.3 a description of the tanks carrying noxious liquid
substances; and a table identifying in which cargo tanks each noxious liquid
substance may be carried;
.4 a description of all arrangements and equipment
including cargo heating and temperature control system, which are on board the
ship and for which requirements are contained in chapters 3 or 8 including a
list of all tanks that may be used as slop tanks, a description of the
discharge arrangements, a schematic drawing of the cargo pumping and stripping
systems showing the respective position of pumps and control equipment and
identification of means for ensuring that the equipment is operating properly
(check lists);
.5 details of the procedures set out in the Standards
as applied to the individual ship which should, where appropriate, include
instructions such as:
.5.1 methods of stripping cargo tanks and under what
restrictions, such as minimum list and trim, the stripping system should be
operated;
.5.2 methods of draining cargo pumps, cargo lines and
stripping lines;
.5.3 cargo tank prewash programmes;
.5.4 procedures for cargo tank ballasting and
deballasting;
.5.5 procedures for discharge of residue/water
mixtures; and .5.6 procedures to be followed when a cargo tank cannot be
unloaded in accordance with the required procedure;
.6 for existing ships a residue table developed in
accordance with appendix A, which indicates for each tank in which Category B
or C substances are to be carried the quantities of residue which will remain
in the tank and associated piping system after unloading and stripping;
.7 a table which indicates the quantities measured as
a result of carrying out the water test performed for assessing the “stripping
quantity” ; the responsibility of the master in
respect of operational procedures to be followed and the use of the
arrangements. The master must ensure
that no residues or residue/water mixtures are discharged into the sea, unless
the arrangements listed in the Manual and needed for the discharge are used.
Cargo Record Book
Every ship to which this Annex applies shall be provided with a Cargo Record Book, whether as part of the ship’s official log-book or otherwise, in the form specified in MARPOL
The Cargo Record Book shall be completed, on a
tank-to-tank basis, whenever any of the following operations with respect to a
noxious liquid substance take place in the ship:
(i) loading
of cargo;
(ii) internal transfer of
cargo;
(iii) unloading of cargo;
(iv) cleaning of cargo tanks;
(v) ballasting of cargo
tanks;
(vi) discharge of ballast
from cargo tanks;
(vii) disposal of residues to
reception facilities;
(viii) discharge into the sea
or removal by ventilation of residues in accordance with regulation 5 of this
Annex.
In the event of any discharge of the kind of any
noxious liquid substance or mixture containing such substance, whether
intentional or accidental, an entry shall be made in the Cargo Record Book
stating the circumstances of, and the reason for, the discharge.
When a surveyor appointed or authorized by the
Government of the Country to the Convention to supervise any operations under
this Annex has inspected a ship, then that surveyor shall make an appropriate
entry in the Cargo Record Book.
Each operation referred to in paragraphs (2) and (3)
of this regulation shall be fully recorded without delay in the Cargo Record
Book so that all the entries in the book appropriate to that operation are
completed. 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 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.
The competent authority of the Government of a Country
may inspect the Cargo Record Book on board any ship to which this Annex applies
while the ship is in its port, and may make a copy of any entry in that book
and may require the master of the ship to certify that the copy is a true copy
of such entry. Any copy so made which has been certified by the master of the
ship as a true copy of an entry in the ship’s Cargo Record Book shall be made
admissible in any judicial proceedings as evidence of the facts stated in the
entry. The inspection of a Cargo Record Book and the taking of a certified copy
by the competent authority under this paragraph shall be performed as
expeditiously as possible without causing the ship to be unduly delayed.
Surveys
(1) Ships carrying noxious liquid substances in bulk
shall be subject to the surveys specified below:
(a) An initial survey before the ship is put in
service or before the certificate is issued for the first time, and which shall
include a complete survey of its structure, equipment, systems, fittings,
arrangements and material in so far as the ship is covered by this Annex.
(b) Periodical surveys at intervals specified by the
Administration of own country, but not exceeding five years, and which shall be
such as to ensure that the structure, equipment, systems, fittings,
arrangements and material fully comply with the requirements of this Annex.
(c) A minimum of one intermediate survey during the
period of validity of the certificate and which shall be such as to ensure that
the equipment and associated pump and piping systems fully comply with the
applicable requirements of this Annex and are in good working order. In cases
where only one such intermediate survey is carried out in any one certificate
validity period, it shall be held not before six months prior to, nor later
than six months after the half-way date of the certificate’s period of
validity. Such intermediate surveys shall be endorsed on the certificate issued
under regulation 11 of this Annex.
(d) An annual survey within three months before or
after the day and the month of the date of issue of the certificate and which
shall include a general examination to ensure that the structure, fittings,
arrangements and materials remain in all respects satisfactory for the service
for which the ship is intended. Such annual surveys shall be endorsed on the
certificate issued under regulation 11 of this Annex.
When a nominated surveyor or recognized organization
determines that the condition of the ship or its equipment does not correspond
substantially with the particulars of the certificate, or is such that the ship
is not fit to proceed to sea without presenting an unreasonable threat of harm
to the marine environment, such surveyor or organization shall immediately
ensure that corrective action is taken and shall in due course notify the
Administration of own country. If such corrective action is not taken the
certificate should be withdrawn and the Administration of own country shall be
notified immediately; and if the ship is in a port of another Country, the
appropriate authorities of the port State shall also be notified immediately.
When applicable, the Government of the port State concerned shall take such
steps as will ensure that the ship shall not sail until it can proceed to sea
or leave the port for the purpose of proceeding to the nearest appropriate repair
yard available without presenting an unreasonable threat of harm to the marine
environment.
The condition of the ship and its equipment shall be
maintained to conform with the provisions of the present Convention to ensure
that the ship in all respects will remain fit to proceed to sea without
presenting an unreasonable threat of harm to the marine environment.
Whenever an accident occurs to a ship or a defect is
discovered which substantially affects the integrity of the ship or the
efficiency or completeness of its equipment covered by this Annex, the master
or owner of the ship shall report at the earliest opportunity to the
Administration of own country, the recognized organization or the nominated
surveyor responsible for issuing the relevant certificate, who shall cause
investigations to be initiated to determine whether a survey as required by
paragraph (1) of this regulation is necessary. If the ship is in a port of
another Country, the master or owner shall also report immediately to the appropriate
authorities of the port State and the nominated surveyor or recognized
organization shall ascertain that such report has been made.
Issue of certificate
An International Pollution Prevention Certificate for
the Carriage of Noxious Liquid Substances in Bulk shall be issued, after survey
in accordance with the provisions of regulation 10 of this Annex, to any ship
carrying noxious liquid substances in bulk and which is engaged in voyages to
ports or terminals under the jurisdiction of other Parties to the Convention.
Annex III ‑
Harmful Substances Carried by Sea in Packaged Forms, or in Freight Containers,
Portable Tanks or Road and Rail Tank Wagons
Empty
receptacles, freight containers and portable road and rail tank wagons which
have been used previously for the carriage of harmful substances are treated as
harmful substances themselves unless precautions have been taken to ensure that
they contain no residue that is hazardous to the marine environment
Unless expressly provided otherwise, the regulations
of this Annex apply to all ships carrying harmful substances in packaged
form.
Packing
Packages shall be adequate to minimize the hazard to
the marine environment, having regard to their specific contents.
Marking and labelling
(1) Packages containing a harmful substance shall be
durably marked with the correct technical name (trade names alone shall not be
used) and, further, shall be durably marked or labelled to indicate that the
substance is a marine pollutant. Such identification shall be supplemented
where possible by any other means, for example, by use of the relevant United
Nations number.
(2) The method of marking the correct technical name
and of affixing labels on packages containing a harmful substance shall be such
that this information will still be identifiable on packages surviving at least
three months’ immersion in the sea. In considering suitable marking and
labelling, account shall be taken of the durability of the materials used and
of the surface of the package.
(3) Packages containing small quantities of harmful
substances may be exempted from the marking requirements.
Documentation
(1) In all documents relating to the carriage of
harmful substances by sea where such substances are named, the correct
technical name of each such substance shall be used (trade names alone shall
not be used) and the substance further identified by the addition of the words
“MARINE POLLUTANT”.
(2) The shipping documents supplied by the shipper
shall include, or be accompanied by, a signed
certificate or declaration that the shipment offered for carriage is properly
packaged and marked, labelled or placarded as appropriate and in proper
condition for carriage to minimize the hazard to the marine environment.
(3) Each ship carrying harmful substances shall have a
special list or manifest setting forth the harmful substances on board and the
location thereof. A detailed stowage plan which sets out the location of the
harmful substances on board may be used in place of such special list or
manifest. Copies of such documents shall also be retained on shore by the owner
of the ship or his representative until the harmful substances are unloaded. A
copy of one of these documents shall be made available before departure to the
person or organization designated by the port State authority.
(4) When the ship carries a special list or manifest
or a detailed stowage plan, required for the carriage of dangerous goods by the
International Convention for the Safety of Life at Sea, 1974, as amended, the
documents required by this regulation may be combined with those for dangerous
goods. Where documents are combined, a clear distinction shall be made between
dangerous goods and harmful substances covered by this Annex.
Quantity limitations
Certain harmful substances may, for sound scientific
and technical reasons, need to be prohibited for
carriage or be limited as to the quantity which may be carried aboard any one
ship. In limiting the quantity, due consideration shall be given to size,
construction and equipment of the ship, as well as the packaging and the
inherent nature of the substances.
Exceptions
(1) 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.
(2) Subject to the provisions of the present
Convention, 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.
Sewage
means:
(a) drainage and other wastes
from any form of toilets, urinals, and WC scuppers;
(b) drainage from medical
premises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers
located in such premises;
(c) drainage from spaces
containing living animals; or
(d) other waste waters when
mixed with the drainages defined above.
Holding
tank means a tank used for the collection and storage of sewage.
The term “from the nearest land” means from the baseline from which the territorial
sea of the territory in question is established in accordance with
international law.
Discharge of sewage
Discharge of sewage into the sea is prohibited, except
when:
(a) the ship is discharging comminuted and disinfected
sewage using a system approved by the Administration of own country at a
distance of more than 4 nautical miles from the nearest land, or sewage which
is not comminuted or disinfected at a distance of more than 12 nautical miles
from the nearest land, provided that in any case, the sewage that has been
stored in holding tanks shall not be discharged instantaneously but at a
moderate rate when the ship is en route and proceeding at not less than 4 knots;
the rate of discharge shall be approved by the Administration of own country;
or
(b) the ship has in operation
an approved sewage treatment plant which has been certified by the
Administration of own country to meet the operational requirements, and
(i) the
test results of the plant are laid down in the ship’s International Sewage
Pollution Prevention Certificate (1973);
(ii) additionally, the
effluent shall not produce visible floating solids in, nor cause discoloration
of, the surrounding water; or
(c) the ship is situated in
the waters under the jurisdiction of a State and is discharging sewage in
accordance with such less stringent requirements as may be imposed by such
State.
(2) When the sewage is mixed with wastes or wastewater
having different discharge requirements, the more stringent requirements shall
apply.
Exceptions
Can discharge if:
(a) the discharge of sewage from a ship necessary for
the purpose of securing the safety of a ship and those on board or saving life
at sea; or
(b) the discharge of sewage resulting from damage to a
ship or its equipment if all reasonable precautions have been taken before and
after the occurrence of the damage, for the purpose of preventing or minimizing
the discharge.
Garbage means all
kinds of victual, domestic and operational waste excluding fresh fish and parts
thereof, generated during the normal operation of the ship and liable to be
disposed of continuously or periodically except those substances which are
defined or listed in other Annexes of MARPOL.
The term “from the nearest land” means from the baseline from which the territorial
sea of the territory in question is established in accordance with
international law.
Special
area means a sea area where for recognized technical reasons in
relation to its oceanographical and ecological condition and to the particular
character of its traffic the adoption of special mandatory methods for the
prevention of sea pollution by garbage is required.
Special
areas
The special areas are the
Caribbean Region, including the
This Annex
applies to all ships.
Disposal of
garbage outside special areas
(a) the disposal into the sea
of all plastics, including but not limited to synthetic ropes, synthetic
fishing nets and plastic garbage bags, is prohibited;
(b) the disposal into the sea of the following garbage
shall be made as far as practicable from the nearest land but in any case is
prohibited if the distance from the nearest land is less than:
(i) 25 nautical miles for
dunnage, lining and packing materials, which will float;
(ii) 12 nautical miles for food wastes and all other
garbage including paper products, rags, glass, metal, bottles, crockery and
similar refuse;
(c) disposal into the sea of garbage specified in
above paragraph (ii) of this regulation may be permitted when it has passed
through a comminuter or grinder and made as far as practicable from the nearest
land but in any case is prohibited if the distance from the nearest land is
less than 3 nautical miles. Such comminuted or ground garbage shall be capable
of passing through a screen with openings no greater than 25 mm.
When the garbage is mixed with other discharges having
different disposal or discharge requirements the more stringent requirements
shall apply.