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Surveillance operations to detect maritime pollution in violation of MARPOL 73/78 in the CARICOM EEZ are required. Operations are limited to verification of type of material in water, evidence gathering and documentation. Mission focus is on ensuring compliance by commercial maritime fleet. In addition, surveillance operations to detect significant discharges (greater than 1000 gals) of oil or hazardous substances for subsequent monitoring, mitigation, and removal actions are required. Operations are limited to determining the type of pollutant, thickness and boundaries; day or night and in moderate weather conditions.
The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). This instrument is a combination of two treaties adopted in 1973 and 1978
respectively. Although it is now one instrument it is described under two
headings to show how it evolved. International Convention for the Prevention of Pollution from Ships, 1973 Adoption: 2 November 1973 Despite the action already taken by IMO to deal with oil pollution, far-reaching developments in modern industrial practices soon made it clear that further action, was required. Accordingly the IMO Assembly decided in 1969 to convene an international conference to prepare a suitable international agreement for placing restraints on the contamination of the sea, land and air by ships. That Protocol was adopted in November 1973. It covers all the technical aspects of pollution from ships, except the disposal of waste into the sea by dumping, and applies to ships of all types, although it does not apply to pollution arising out of the exploration and exploitation of sea-bed mineral resources. The Convention has two Protocols dealing respectively with Reports on Incidents involving Harmful Substances and Arbitration; and five Annexes which contain regulations for the prevention of various forms of pollution:
Annex I: Prevention of pollution by oil The Convention maintains the oil discharge criteria prescribed in the 1969 amendments to the 1954 Oil Pollution Convention (see above), without substantial changes, except that the maximum quantity of oil which is permitted to be discharged on a ballast voyage of new oil tankers has been reduced from 1/15,000 of the cargo capacity to 1/30,000 of the amount of cargo carried. These criteria apply equally both to persistent (black) and non-persistent (white) oils. A new and important feature of the 1973 Convention is 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 main special areas are the Mediterranean Sea, the Black Sea, the Baltic Sea, the Red Sea and the Gulfs area. 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. Annex II: Control of pollution by noxious liquid substances
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 apply to the Baltic and Black Sea areas.
Annex III: Prevention of pollution by harmful substances
carried in packaged form, or in freight containers or portable tanks or road and
rail tank wagons This is 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 The second of the three optional Annexes, these contain requirements to
control pollution of the sea by sewage. Annex V: Garbage 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. Enforcement Any violation of the 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. The Protocol of 1978 Adoption: 17 February 1978 The International Conference on Tanker Safety and Pollution Prevention held from 6 to 17 February 1978, resulted in the adoption of a number of important measures, including Protocols to SOLAS,1974. The Conference decided that the SOLAS Protocol should be a separate instrument, and should enter into force after the parent convention. In the case of MARPOL, however, the Conference adopted a different approach. At that time the principal problems preventing early ratification of the MARPOL Convention were those associated with Annex II. The changes envisaged by the Conference involved mainly Annex I and it was therefore decided to adopt the agreed changes - and at the same time to allow Contracting States to defer implementation of Annex II for three years after the date of entry into force of the Protocol (i.e. until 2 October 1986). By then it was expected that the technical problems would have been solved. The Protocol makes 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 requires that SBTs be protectively located - that is, they must be positioned in such a way that they will help protect the cargo tanks in the event of a collision or grounding. Another important innovation concerned crude oil washing (COW), which had recently been developed by the oil industry and offered major benefits. Under COW, tanks are washed not with water but with crude oil - the cargo itself. COW is accepted as an alternative to SBTs on existing tankers and is an additional requirement on new tankers. For existing crude oil tankers a third alternative was permissible for a period of two to four years after entry into force of MARPOL 73/78. This is called dedicated clean ballast tanks (CBT) and is a system whereby certain tanks are dedicated solely to the carriage of ballast water. This is cheaper than a full SBT system since it utilizes 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 are 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. This procedure in effect meant that the Protocol had absorbed the parent
convention. States which ratify the Protocol must also give effect to the
provisions of the 1973 Convention: there is no need for a separate instrument of
ratification for the latter. The 1973 MARPOL Convention and the 1978 MARPOL
Protocol should therefore be read as one instrument, which is usually referred
to as MARPOL 73/78. The 1984 amendments Adoption: 7 September 1984 The amendments are concerned with Annex I of the Convention and are designed
to make implementation easier and more effective. New requirements are designed
to prevent oily water being discharged in special areas, and other requirements
are strengthened. But in some cases they have been eased, provided that various
conditions are met: some discharges may now be permitted below the waterline,
for example, which helps to cut costs by reducing the need for extra piping.
The 1985 (Annex II) amendments Adoption: 5 December 1985 The amendments are concerned with Annex II, which deals with liquid noxious substances (such as chemicals). They take into account technological developments since the Annex was drafted in 1973 and are also intended to simplify its implementation. In particular they are intended to reduce the need for reception facilities for chemical wastes and to improve cargo tank stripping efficiencies. The amendments also make the International Bulk Chemical Code mandatory. 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 the result will be to make
the amended Annex more effective in reducing accidental pollution. The 1985 (Protocol I) amendments Adoption: 5 December 1985 The amendments make it an explicit requirement to report incidents involving
discharge into the sea of harmful substances in packaged form. The 1987 amendments Adoption: December 1987 The amendments extended Annex I Special Area status to the Gulf of Aden.
1989 (March) amendments Adoption: March 1989 One group of amendments affect the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code). This is mandatory under both MARPOL 73/78 and SOLAS and applies to ships built on or after 1 July 1986. A second group concerns the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH). In both cases, the amendments include a revised list of chemicals. The BCH Code is mandatory under MARPOL 73/78 but is voluntary under SOLAS 1974. The third group of amendments affect Annex II of MARPOL. The lists of
chemicals in appendices II and III are replaced by new ones. The October 1989 amendments Adoption: 17 October 1989 The amendments make the North Sea a "special area" under Annex V of the
convention. This greatly increases the protection of the sea against the dumping
of garbage from ships. The 1990 (HSSC) amendments Adoption: March 1990 The amendments are designed to introduce the harmonized system of survey and certificates (HSSC) into MARPOL 73/78. This can be done through the tacit acceptance procedure, which is not possible in the case of SOLAS and the Load Line Convention. The MARPOL 73/78 amendments are deemed to have been accepted six months after entry into force requirements for the SOLAS and Load Lines Protocols have been achieved (this was achieved on 2 February 1999) and enter into force six months later (coinciding with the entry into force date for the 1988 SOLAS and Load Lines Protocols), providing no objections have been received. 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 will alleviate 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.
The 1990 (IBC Code) amendments Adoption: March 1990 The amendments introduce the HSSC into the IBC Code. The 1990 (BCH) amendments Adoption: March 1990 The amendments introduce the HSSC into the BCH Code. The 1990 (Annexes I and V) amendments Adoption: November 1990 The amendments extend Special Area Status under Annexes I and V to the
Antarctic. The 1991 amendments Adoption: 4 July 1991 The amendments make the Wider Caribbean a Special Area under Annex V. Other amendments add a new chapter IV to Annex I requiring ships to carry an
oil pollution emergency plan. For existing ships, the requirements can be
deferred for two years. The 1992 amendments Adoption: 6 March 1992 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, 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 metres (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 have been introduced concerning subdivision and stability. The amendments also considerably reduce 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 litres per nautical mile. The amendments reduce this to 30 litres. 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, has also been 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 to be 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. Many of the tankers built in the 1970s are now approaching their 25th
birthday - if they have not already done so. If they do not comply with
Regulation 13F, 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 Adoption: 13 November 1994 The amendments affect four of the Convention's five technical annexes (I, II, III, and V) and are all designed to improve the way it is implemented. They will make it possible for ships to be inspected when in the ports of other Parties to the Convention to ensure that crews are able to carry out essential shipboard procedures relating to marine pollution prevention. These are contained in resolution A.742 (18), which was adopted by the IMO Assembly in November 1993. The 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 The amendments concern Annex V. They are designed to improve the way the
Convention is implemented. Regulation 2 has been clarified and a new regulation
9 added dealing with placards, garbage management plans and garbage record
keeping. The 1996 amendments Adoption: 10 July 1996 One set of amendments concerns Protocol I to the Convention which contains provisions for reporting incidents involving harmful substances. The amendments include more precise requirements for the sending of such reports. Other amendments bring requirements in MARPOL concerning the IBC and BCH
Codes into line with amendments adopted to SOLAS. The 1997 amendments Adoption: 23 September 1997 Regulation 25A to Annex 1 specifies intact stability criteria for double hull tankers. Another amendment makes the North West European waters a "special area" under Regulation 10 of Annex 1. The waters cover the North Sea and its approaches, the Irish Sea and its approaches, the Celtic Sea, the English Channel and its approaches and part of the North East Atlantic immediately to the West of Ireland. In special areas, discharge into the sea of oil or oily mixture from any oil tanker and ship over 400 gt is prohibited. Other special areas already designated under Annex I of MARPOL include:
The Protocol of 1997 (Annex VI) Adoption: 26 September 1997 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 will set limits on sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibit deliberate emissions of ozone depleting substances. The new Annex VI includes a global cap of 4.5% m/m on the sulphur content of fuel oil and calls on IMO to monitor the worldwide average sulphur content of fuel once the Protocol comes into force. Annex VI contains provisions allowing for special 'SOx Emission Control Areas' to be established with more stringent control on sulphur emissions. In these areas, the sulphur content of fuel oil used on board ships must not exceed 1.5% m/m. Alternatively, ships must fit an exhaust gas cleaning system or use any other technological method to limit SOx emissions. The Baltic Sea is designated as a SOx Emission Control area in the Protocol. Annex VI prohibits deliberate emissions of ozone depleting substances, which include halons and chlorofluorocarbons (CFCs). New installations containing ozone depleting substances are prohibited on all ships. But new installations containing hydro-chlorofluorocarbons (HCFCs) are permitted until 1 January 2020. The requirements of the IMO Protocol are in accordance with the Montreal Protocol of 1987, as amended in London in 1990. The Montreal Protocol is an international environmental treaty, drawn up under the auspices of the United Nations, under which nations agreed to cut CFC consumption and production in order to protect the ozone layer. Annex VI sets limits on emissions of nitrogen oxides (NOx) from diesel engines. A mandatory NOx Technical Code, to be developed by IMO, will define how this is to be done. The Annex also prohibits the incineration on board ship of certain products,
such as contaminated packaging materials and polychlorinated biphenyls (PCBs).
Format of the new Annex VI The new Annex VI consists of three Chapters and a number of Appendices:
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