MARPOL, the primary pollution regulations, are the main regulations which cover the prevention of pollution from ships to the marine environment. The MARPOL convention was adoped in 1973 by the IMO, and is known as MARPOL 1973/78, as the 'final form' (which continues to be revised to this day) released in 1980. The convention includes various regulations aimed at minimizing pollution caused by ships, and also establishes strictly controlled special areas, such as the Arctic. MARPOL is divided into six technical annexes, each concerning a different area of pollution control. Certain other regulations, like the Polar Code, will supercede parts of MARPOL.
ANNEX I- Regulations for the prevention of pollution by oil (entered force in 1983)
This annex covers the prevention of pollution by oil from operational measures and accidental discharges; the 1992 amendments to part I have made it mandatory for new oil tankers to have double hulls and brought in a phase-out schedule for existing tankers to fit double hulls, which was subsequently revised in 2001 and 2003. Annex 1 is one of the most important annexes, and in particular should become familiar with the oil record book parts 1 and 2 in this section. Oil, as defined in this annex, means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other petrochemicals defined in Annex 2) and also includes substances listed in appendix 1 of this annex. Regulation 7 states that "an International Oil Pollution Prevention Certificate shall be issued, after an initial or renewal survey in accordance with the provisions of regulation 6 of this annex, to any oil tanker of 150 gross tonnage and above or any other ships of 400 gross tonnage and above which are engaged in voyages to ports or offshore terminals under the juristiction of other parties to the prevent convention". The pollution prevention certificate states that a ship, the equipment and systems onboard, (under Annex 1) are compliant with regulation.
Also defined within this annex are 10 special areas;
- the mediterranean sea
- the baltic sea
- the black sea
- the red sea
- the 'gulfs area'
- the gulf of aden
- antarctic sea
- northwestern european waters
- oman area of the arabian sea
- the southern south african waters
- additionally, the polar regions have special control exercised over them
In these special regions, the discharge of oil or oily water mixtures is prohibited in all cases, save for the event in which oil must be discharged for the safety of the ship and life at sea, or in the event that discharge is accidental resulting from damage to the ship, if all reasonable precautions have been taken after the occurance of such damage or discovery of oil discharge (in essence, if it is an accident and everything done was to the best ability to prevent damage or pollution).
Video about MARPOL annex 1 regulations. Annex 1, regulation 14 outlines the carriage of oil filtering equipment onboard ships, which works by filtering any oily mixture so that the oil content does not exceed 15ppm (parts per million in volume); and cargo ships greater than 10,000 gross tonnes must carry enhanced versions of this equipment. Regulation 15 states that the discharge of oil or oily mixtures is prohibited unless; the oily mixture is processed through oil filtering equipment until not exceeding 15ppm, the ship is proceeding en-route, the oil mixture does not originate from cargo pump-room bilges on oil tankers, or the oil mixture is not mixed with oil cargo residues.
The second part of the Annex 1 deals more with cleaning cargo areas and tanks. Regulation 31 requires oil tankers of 150gt an above to be fitted with an oil discharge monitoring and control system. Regarding actual discharge of oil into the sea (outside of special areas and polar regions where it is prohibited) the following conditions must be satisfied; that the tanker is more than 50nm from the nearest land, the tanker is en-route, and the rate of discharge does not exceed 30 liters per nautical mile. The
Oil Record Book (ORB) is an important document carried onboard the ship, on ships of more than 400gt, or tankers of more than 150gt, and is part of the port state inspection. The oil record book is to be kept onboard for 3 years since the last date of entry. A form of the oil record book is available in appendix 3 of annex 1. The completed operations are to be signed and dated by the officer in charge, and countersigned by the master of the ship. In the event of accidental or other exceptional discharge of oil, a statement shall be made in hte oil book of the circumstances and reason for discharge. The ORB includes the name and IMO number of the ship, the gross tonnage, the owner's details, the official number, and the period of usage.
The Oil Record Book Part 1 contains the following;
- all operations involving oil and oily mixtures
- dates, geographical position, quantity, tank identification, and duration of operation entered
- ballasting or cleaning of fuel oil tanks
- discharge of dirty ballast or cleaning water from oil fuel tanks
- collection and disposal of oil residues (sludge)
- discharge overboard or disposal otherwise, of bilge water that has accumulated in machinery spaces
because this is a document that the port state authority may inspect, they are allowed to take copies of enteries and the master must state if the copy is true or not. The oil record book is kept onboard for 3 years after the last entry is made.
The Oil Record Book Part 2 (for oil tankers) includes:
- loading and unloading of oil cargo
- internal transfer of oil cargo during the voyage
- cleaning of cargo tanks
- crude oil washing
- ballasting of cargo tanks
- ballasting of segregated clean ballast tanks (CBT tanker only)
- discharge of dirty ballast
- discharge of clean ballast from the cargo tanks
- discharge of ballast from Segregated CBTs (CBT tanker only)
- discharge of water from the slop tanks into the sea
- condition of oil discharge monitoring and control system
- accidental/other exceptional discharge of oil
- additional operational procedures and general remarks
- loading of ballast water (tankers engaged in specific trades)
- location of ballast water within the ship
- ballast water discharged to reception facilities
the SOPEP (shipboard oil pollution emergency plan) is a vital prevention plan, and should be available on all ships greater than 400gt, and all tankers greater than 150gt. As per regulation 37 of annex 1, the plan contains;
- procedures to be followed by the master or other persons in charge of the ship to report an oil pollution incident
- a detailed list of authorities to be contacted in the event of an oil pollution incident
- a detailed description of the action to be taken to reduce or control the discharge of oil following an incident
- the procedures and points of contact on the ship for coorinating shipboard action with national/local authorities in combating pollution
Additionally, all oil tankers with 5,000 tonnes deadweight or more must have quick access to computerized damage stability and residual structural strength calculation programs.
ANNEX II- Regulations for the control of pollution by noxious liquid substances in bulk (entered force 1983)
Annex 2 to MARPOL is primarily concerned with chemical liquid substances transported in bulk that are characterized by a certain degree of toxicity, or are just generally pose a threat to people or the environment.
No discharge of residues containing noxious substances is permitted within 12 miles of the nearest land. The definition of a 'noxious liquid substance' is "any substance indicated in the Pollution Category column of chapter 17 or 18 of the International Bulk Chemical Code or provisionally assessed under the provisions of regulation 6.3 as falling into category X, Y or Z." The provisions in this annex apply to all ships certified to carry noxious liquid substances in bulk. These substances are divided into four categories (which were called A,B,C and D in old versions of the document);
- Category X: Noxious liquid substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a major hazard to either marine resources or human health and, therefore, justify the prohibition of the discharge into the marine environment.
- Category Y: Noxious liquid substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to 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 a limitation on the quality and quantity of the discharge into the marine environment
- Category Z: Noxious liquid substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a minor hazard to either marine resources or human health and therefore justify less stringent restrictions on the quality and quantity of the discharge into the marine environment
- Other substances: Substances indicated as OS (Other substances) in the pollution category column of chapter 18 of the International Bulk Chemical Code which have been evaluated and found to fall outside category X, Y or Z as defined in regulation 6.1 of this Annex because they are, at present, considered to present no harm to marine resources, human health, amenities or other legitimate uses of the sea when discharged into the sea from tank cleaning or deballasting operations. The discharge of bilge or ballast water or other residues or mixtures containing only substances referred to as ‘Other Substances’ shall not be subject to any requirements of the Annex
Ships carrying noxious substances must maintain a Cargo Record Book For Ships Carrying Noxious Liquid Substances In Bulk.; which is shown in Appendix II of Annex II. In addition every ship certified to carry substances of category X, Y or Z shall have on board a Manual approved by the Administration. The Manual, referred to as "The Procedures and Arrangements Manual" shall have a standard format in compliance with appendix 4 to Annex II.
"The Procedures and Arrangements Manual identifies the arrangements and equipment required to enable compliance with Annex II and to identify for the ship’s officers all operational procedures with respect to cargo handling, tank cleaning, slops handling, residue discharging, ballasting and deballasting."
In addition, this Manual, together with the ship’s Cargo Record Book and the Certificate issued under Annex II (see 'Certificate' below) will be used by Administrations (Port State) for control purposes in order to ensure full compliance with the requirements of Annex II by this ship. The master shall ensure that no discharges into the sea of cargo residues or residue/water mixtures containing category X, Y or Z substances shall take place, unless such discharges are made in full compliance with the operational procedures contained in this Manual. Regulation 8 states that Ships carrying noxious liquid substances in bulk shall be subject to the surveys specified.
As for the certificates required... an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be issued, after an initial or renewal survey in accordance with the provisions of regulation 8 of this Annex, to any ship intended to carry noxious liquid substances in bulk and which is engaged in voyages to ports or terminals under the jurisdiction of other Parties to the Convention.
No discharge of residues containing noxious substances is permitted within 12 miles of the nearest land. In addition, the following conditions must also be met;
- the ship is proceeding at 7kts or more
- the discharge is made below the waterline
- water depth must be greater than 25 meters
Noxious substances cannot be discharged in the polar areas under any condition (...unless for the purpose of securing the safety of the ship or saving life at sea).
The appendixes to Annex 2 also provide example forms, flow charts, and checklists showing standard forms which may be used onboard.
Annex III- Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form (entered force 1992)
The shortest annex. Contains general requirements for the issuing of detailed standards on packing, marking, labelling, documentation, stowage, quantity limitations, exceptions and notifications. For the purpose of this annex, 'harmful substances' are "those substances which are identified as marine pollutants in the International Maritime Dangerous Goods Code (IMDG Code) or which meet the criteria in the Appendix of Annex III". The annex requires that; packages containing a harmful substance shall be surably marked or labelled to indicate that the substance is a harmful substance in accordance with the relavant provisions of the IMDG code; and that each ship carrying harmful substances shall have a special list, manifest, or stowage plan setting forth, in accordance with the relevant provisions of the IMDG code, the harmful substances onboard and the location therof. A copy of one of these documents shall be made available before departure to the person or organization designated to the state authority. Like all the annexes- safety of life at sea is of most import and therefore;
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.
Annex IV- Prevention of Pollution by Sewage from Ships
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 (i.e ground up) and disinfected sewage using an approved system at a distance of more than 3 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. Discharges of sewage within polar waters are prohibited except when performed in accordance with MARPOL Annex IV and the following requirements:
- the ship is discharging comminuted and disinfected sewage in accordance with regulation 11.1.1 of MARPOL Annex IV at a distance of more than 3 nautical miles from any ice-shelf or fast ice and shall be as far as practicable from areas of ice concentration exceeding 1/10; or the ship is discharging sewage that is not comminuted or disinfected in accordance with regulation 11.1.1 of MARPOL Annex IV and at a distance of more than 12 nautical miles from any ice-shelf or fast ice and shall be as far as practicable from areas of ice concentration exceeding 1/10
- the ship has in operation an approved sewage treatment plant certified by the Administration to meet the operational requirements in either regulation 9.1.1 or 9.2.1 of MARPOL Annex IV, and discharges sewage in accordance with regulation 11.1.2 of Annex IV and shall be as far as practicable from the nearest land, any ice-shelf, fast ice or areas of ice concentration exceeding 1/10.
As defined; 'Sewage means waste from toilets and urinals, medical premises, spaces containing live animals, and other waste waters if mixed with any of the fore mentioned.'
The provision of Annex II applies to any ship engaged on an international voyage of 400 GT and above and any ship less than 400GT if carrying more than 15 passengers.
Subject to a survey the ship is issued with an International Sewage Prevention certificate which is valid for 5 years. Certificates must be endorsed by the administration (Flag State)
Annex V- Prevention of Pollution by Garbage from Ships (entered force 1988)
Annex V 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.
MARPOL Annex V seeks to eliminate and reduce the amount of garbage being discharged into the sea from ships. Unless expressly provided otherwise, Annex V applies to all ships, which means all ships of any type whatsoever operating in the marine environment, from merchant ships to fixed or floating platforms to non-commercial ships like pleasure crafts and yachts. MARPOL Annex V generally prohibits the discharge of all garbage into the sea, except as provided otherwise in regulations 4, 5, and 6 of the Annex, which are related to food waste, cargo residues, cleaning agents and additives and animal carcasses. Exceptions with respect to the safety of a ship and those on board and accidental loss are contained in regulation 7 of Annex V.
Under MARPOL Annex V, garbage includes all kinds of food, domestic and operational waste, all plastics, cargo residues, incinerator ashes, cooking oil, fishing gear, and animal carcasses generated during the normal operation of the ship and liable to be disposed of continuously or periodically. Garbage does not include fresh fish and parts thereof generated as a result of fishing activities undertaken during the voyage, or as a result of aquaculture activities.
All ships of 100 gross tonnage and above, every ship certified to carry 15 persons or more, and every fixed or floating platform must carry a garbage management plan on board, which includes written procedures for minimizing, collecting, storing, processing and disposing of garbage, including the use of the equipment on board (regulation 10.2). The garbage management plan must designate the person responsible for the plan and be written in the working language of the crew.
The Garbage Record Book:
Implementation and enforcement is also the focus of regulation 10.3, which requires all ships of 400 gross tonnage and above and every ship which is certified to carry 15 persons or more engaged in voyages to ports and offshore terminals under the jurisdiction of another Party to the Convention and every fixed or floating platform to provide a Garbage Record Book and to record all disposal and incineration operations. The date, time, position of the ship, description of the garbage and the estimated amount incinerated or discharged must be logged and signed. The Garbage Record Book must be kept for a period of two years after the date of the last entry. This regulation does not in itself impose stricter requirements - but it makes it easier to check that the regulations on garbage are being adhered to as it means ship personnel must keep track of the garbage and what happens to it. It could also prove an advantage to a ship when local officials are checking the origin of discharged garbage - if ship personnel can adequately account for all their garbage, they are unlikely to be wrongly penalized for discharging garbage when they have not done so. Appendix 2 of MARPOL Annex V provides a standard form for a Garbage Record Book. It is important to be familiar with the garbage record book, as it is part of routine operations onboard.
example overview of garbage discharge
Discharge of the following garbage into the sea within special areas shall only be permitted while the ship is en route and as follows: Discharge into the sea of food wastes as far as practicable from the nearest land, but not less than 12 nautical miles from the nearest land or the nearest ice shelf. Food wastes shall be comminuted or ground and shall be capable of passing through a screen with openings no greater than 25 mm. Food wastes shall not be contaminated by any other garbage type. Discharge of introduced avian products, including poultry and poultry parts, is not permitted in the Antarctic area unless it has been treated to be made sterile.
Cargo Residues:
Cargo residues are defined as the remnants of any cargo which are not covered by other Annexes to the present Convention and which remain on deck or in holds following loading or unloading. They include loading and unloading excess or spillage, whether in wet or dry condition or entrained in wash water, but do not include cargo dust remaining on deck after sweeping or dust on the external surfaces of the ship (regulation 1.2 of Annex V). In addition to this definition, MARPOL Annex V also stipulates that only those cargo residues that cannot be recovered using commonly available methods for unloading could be considered for discharge.
Annex VI- Prevention of Air Pollution from Ships (entered force 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. A chapter adopted in 2011 covers mandatory technical and operational energy efficiency measures aimed at reducing greenhouse gas emissions from ships. The main changes to MARPOL Annex VI are a progressive reduction globally in emissions of SOx, NOx and particulate matter and the introduction of emission control areas (ECAs) to reduce emissions of those air pollutants further in designated sea areas.
Under the revised MARPOL Annex VI, the global sulphur cap was reduced initially to 3.50% (from the existing 4.50%), effective from 1 January 2012; then to 0.50 %, effective from 1 January 2020. The limits applicable in ECAs for SOx and particulate matter were reduced to 1.00%, beginning on 1 July 2010 (from the original 1.50%); being further reduced to 0.10 %, effective from 1 January 2015.
NOX:
Progressive reductions in NOx emissions from marine diesel engines installed on ships are also included, with a “Tier II” emission limit for engines installed on or after 1 January 2011; then with a more stringent "Tier III" emission limit for engines installed on or after 1 January 2016 operating in ECAs. Marine diesel engines installed on or after 1 January 1990 but prior to 1 January 2000 are required to comply with “Tier I” emission limits, if an approved method for that engine has been certified by an Administration.
There are two key certificates under MARPOL annex VI; the International Air Pollution Certificate; and the International Energy Efficiency Certificate, both of which are issued to ships of 400 gross tonnes or more. Platforms and oil rigs engaged in voyages in waters to waters under the socereignty/juristriction of other parties require an air pollution certificate.
table of various carriage regulations required by MARPOL
type of ship | tonnage or length | voyage type | year built? | carries onboard | validity |
oil tanker | 150+ | any | N/A | oil pollution prevention certificate | not more than 5 years, extension not more than 3 months |
all other ships | 400gt+ | any | N/A | oil pollution prevention certificate | not more than 5 years, extension not more than 3 months |
any ship | 400gt+ | any | N/A | oil filtering equipment | N/A |
cargo ships | 10,000gt+ | any | N/A | oil filtering equipment with alarms and automatic stop | N/A |
oil tankers | 150gt+ | any | N/A | oil discharge monitoring and control system | N/A |
oil tankers | 150gt+ | any | N/A | oil record book part 1/2 | kept onboard for 3 years after last entry made |
all other ships | 400gt+ | any | N/A | oil record book part 1 | kept onboard for 3 years after last entry made |
oil tankers | 150gt+ | any | N/A | SOPEP plan | N/A |
all other ships | 400gt+ | any | N/A | SOPEP plan | N/A |
NLS certified carriers | any | any | N/A | International Pollution Prevention Certificate | not more than 5 years |
any ship | 400+gt | inter national | N/A | International Sewage Prevention certificate | 5 years |
passenger ship carrying 15+ passengers | any | any | N/A | International Sewage Prevention certificate | 5 years |
all ships | 400+gt | any | N/A | Garbage Record Book | N/A |
passenger ship carrying 15+ passengers | any | any | N/A | Garbage Record Book | N/A |
all ships | 400+gt | any | N/A | International Air Pollution certificate | N/A |
platforms and drill rigs | any | any | N/A | International Air Pollution certificate | N/A |
all ships | 400+gt | any | N/A | International Energy Efficiency Certificate | N/A |
STCW was adopted by the IMO in 1978, and since then has undergone numerous amendments. The last major revision to STCW was in 2010, and the amendments made at this time are known as the 'Manilla Amendments' or '2010 amendments'. STCW consists of both a convention and a code, each specifying different conditions onboard.
STCW Convention: the convention forms the first part of STCW 2010 and outlines the minimum requirements for certification at each level (deck,eng, etc.).
The STCW convention consists of 8 chapters;
- general provisons
- master and deck department
- engine department
- radiocommunication and radio operators
- special training requirements for personnel on certain types of ships
- emergency, occupational safety, security, medical care and survival functions
- alternative certification
- watchkeeping
STCW Code: the code part of STCW is split into 2 parts; part A, giving mandatory provisions and minimum standards, and part B,
recommending guidance to assist parties involved with STCW to maintain a full and complete effect of uniform compliance across the industry. The chapter headings between part A and part B will be the same, but while part A states 'standards regarding....', part B will be similarily titled 'guidance regarding....'
The STCW convention applies to seafarers serving on board seagoing ships entitled to fly the flag of a party (to the convention)
except those serving on warships, government vessels, pleasure craft not engaged in trade, and fishing vessels. The Convention allows contracting States (Port States) to require compliance by foreign ships with STCW requirements while in their ports. This system is further taken into account by the SOLAS convention and is called Port State control. It is specified in Regulation I/4 (of the STCW Convention) that control procedures are not limited to a documental level (i.e. checking seafarers hold the correct certificates). Port State also has the authority to ascertain if seafarers have the ability to maintain watchkeeping and security standards (although this would only be done if their are clear grounds for concern).
The STCW code lists the training and competencies that must be acquired by seafarers for the relevant positions. For the most part, the code deals with the deck and engineering department, providing standards for 3 different levels of responsibility; management, operational, and support.
Chapter 5 of the Code sets mandatory minimum requirements for oil and chemical tankers, LNG carriers, and passenger ships. Chapter 6 deals with the basic training that every seafarer recieves (survivalcraft, rescue boats/FRCs, advanced firefighting/first aid, etc). Chapter 8 deals with watchkeeping and can be considered the most important or prominent from an operational point of view. Chapter 8 sets requirements to be considered 'fit for duty' and gives limits for hours of work, hours of rest, and acceptable blood-alcohol limits. It sets rules and principles to be complied with during navigational watch, the engineering watch, and the radio watch, while both at sea or in port.
The MLC convention is comprised of 'articles', with the Code and regulations contained to the second half of the MLC. The technical rules are set by the code, which is also further divided into part A (compulsory/standards) and part B (not compulsory, guidelines).
The structure of the code in the latter half is as such;
- title 1, the minimum requirements for seafarers to work on a ship
- title 2, conditions of employment
- title 3, accomodation, recreational facilities, food, and catering
- title 4, health protection, medical care, welfare, and social security protection
- title 5, compliance and enforcement
The MLC is widely known as the 'seafarers bill of rights' due to its unique effect on both seafarers and quality ship owners. The comprehensive Convention establishes seafarers' rights to decent conditions for working and living; including among others, minimum ages to work, employment agreements, hours of work or rest, payment of wages, paid annual leave, repatriation at the end of contract, onboard medical care, the use of licensed private recruitment and placement services, accomodation, food and catering, health and safety protection, accident prevention, and lastly handling of seafarers' complaints. It is a system designed to be applicable globally, clear and easily understood, universally enforced, and readily updatable. These distinctions are part of what makes it a 'fundamental pillar' of marine law.
The Convention mandates that commercially operated ships of 500 gross tonnage or over and governed by its provisions will, if they operate on international voyages, be required to carry, among other things, two specific documents: a Maritime Labour Certificate (MLC) and a Declaration of Maritime Labour Compliance (DMLC) providing prima facie evidence that the ships are in compliance with the requirements of the Convention. These two documents will be subject to inspection when ships enter the ports of other countries that have ratified the Convention. In addition, ships flying the flag of countries that have not ratified the Convention will also be subject to inspection with respect to working and living conditions for seafarers when they enter ports of countries where it is in force. This “no more favourable treatment” approach, is an important aspect to help ensure fair competition for ship-owners that comply with the Convention.
MLC 2006 applies to a wide range of ships operating on international and national or domestic voyages. Exceptions include those navigating exclusively in inland waters or waters within, closely adjacent to sheltered waters or areas where port regulations apply; those engaged in fishing or similar pursuits; and ships of traditional build (such as dhows, junks, warships, naval auxiliaries). It also comtains important new compliance and enforcement components based on flag state inspection and for port state control. The ILO has developed a number of resources such as guidelines for flag state inspections and for port state control, as well as workshops to help train inspectors and to assist national legal counsel and officials involved with ratification and national legal implementation.
type of ship | tonnage or length | voyage type | year built? | carries onboard | validity |
all ships | 500+gt | inter national | N/A | Maritime Labour Certificate | not exceeding 5 years, renews 3 months before expiry |
all ships | 500+gt | inter national | N/A | Declaration of Martitime Labour Compliance | not exceeding 5 years, renews 3 months before expiry |