Latest amendments on MARPOL

1. MARPOL ANNEX I Regulation 43


A new chapter 9 is added as follows:


Regulation 43

Special requirements for the use or carriage of oils in the Antarctic area

1. With the exception of vessels engaged in securing the safety of ships or in a search
and rescue operation, the carriage in bulk as cargo or carriage and use as fuel of the
.1 crude oils having a density at 15°C higher than 900 kg/m3;
.2 oils, other than crude oils, having a density at 15°C higher than 900 kg/m3or
a kinematic viscosity at 50°C higher than 180 mm2/s; or
.3 bitumen, tar and their emulsions,
shall be prohibited in the Antarctic area, as defined in Annex I, regulation 1.11.7.

2. When prior operations have included the carriage or use of oils listed in
paragraphs 1.1 to 1.3 of this regulation, the cleaning or flushing of tanks or pipelines is not required."

2. MARPOL Annex VI

Amendments to MARPOL Annex VI for Control of Emission of Ozone Depleting Substances (ODS)

The Revised MARPOL Annex VI enters into force on1 July 2010.  One of the requirements, under Regulation 12, calls for all ships to maintain a list of equipment containing ozone depleting substances (ODS) and an ODS record book.  The regulation covers the recording of ODS use,  deliberate and non-deliberate emission of ODS and the disposing of equipment containing ODS from ships. 
The purpose of this ODS data recording is to keep a record of the condition and quantities of ODS on board a ship and serves as the basis for data collection by the relevant Flag State.
Key elements of this regulation requirement are as follows:
· Ozone depleting substances means controlled substances as defined in paragraph 1.4  of the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, and listed in Annexes A, B, C or E to the said Protocol in force at the time of application or interpretation of Annex 13 to the Revised MARPOL Annex VI.
Ozone depleting substances that may be found on board ships include but are not limited to:
· Halon 1211
· Halon 1301
· Halon 2402
· CFC-11
· CFC-12
· CFC-113
· CFC-114
· CFC-115
· The definition of ODS and the phase out dates in the Revised MARPOL Annex VI are aligned with the Montreal Protocol, 1987.
· Regulation 12 does not apply to permanently sealed equipment where there are no refrigerant charging connections or potentially removable components containing ODS.
· Each ship is to maintain a list of equipment containing ODS and also an ODS Record Book, recording each occasion of actions affecting that equipment such as servicing, maintaining, repairing or disposing of the system or the equipment containing ODS.  
· Entries in the ODS Record Book are to be recorded in terms of mass (kg) of the substance and be completed without delay on each occasion with respect to the following:
· Recharge, full or partial, of equipment containing ODS
· Repair or maintenance of equipment containing ODS
· Discharge of ODS to atmosphere - deliberate and non-deliberate
· Discharge of ODS to land-based facilities
· Supply of ODS to ship
· The ODS Record Book can be a part of an existing log book or electronic recording system, as approved by the Administration.

3. MARPOL Revised Annex II

Revised Annex II

Parties to MARPOL 73/78 adopted the revised Annex II for the control of pollution by Noxious Liquid Substances in bulk.For the purpose of the regulations of this Annex,noxious substances shall be divided into four new categories, categories as follows:
  • Category X Substances considered a major hazard
  • Category Y Substances considered a hazard
  • Category Z Substances considered a minor hazard
  • Category OS Substances considered not to be a hazard to sea
  • Vegetable oils is required to be carried in chemical tankers complying with the revised IBC Code as a ship type 2 with double hull


All ships falling under the scope of the MARPOL Annex IV and flying the flag of a Government which is a party to MARPOL Annex IV shall be certified by 27 September 2008.

MARPOL Annex IV, applies to ships engaged in international voyages:
  • New ships over 400 Gross Tonnage and
  • New ships of less than 400 Gross Tonnage, certified to carry more than 15 persons (crew and passengers)
For the purpose of MARPOL Annex IV, a new ship is a ship which meets one of the following criteria:
- Contracted for construction on/after 27 September 2003 or, in the absence of a construction contract, the keel is laid on/after 27 September 2003; or
- The ship is delivered on/after 27 September 2006.

New ships under MARPOL Annex IV are bound to comply with applicable provisions as from 27 September 2003.

Existing ships are bound to comply with applicable provisions and need to be certified no later than 27 September 2008 (5 years after entry into force of the Annex).

5. MARPOL Annex V

MARPOL,Annex V(MEPC 172(57)

The International Maritime Organization’s Marine Environment Protection Committee has decided that the Mediterranean Sea area will become a Special Area under MARPOL Annex V from 1st of May 2009.
Member Governments are encouraged to comply immediately on a voluntary basis with the Special Area requirements.
MARPOL Annex V – New Wider Caribbean special area
Takes effect from May 1, 2011
On May 1, 2011, the garbage discharge provisions for special areas under MARPOL Annex V will become effective for the Wider Caribbean*.
At the 60th session of the IMO's Marine Environmental Protection Committee (MEPC) in March 2010 it was agreed that adequate reception facilities for garbage are now available in the Wider Caribbean area under the Annex V provisions, and therefore the garbage discharge provisions for special areas can be implemented.
MARPOL Annex V states that within a special area garbage may only be disposed of as follows:
"(a). disposal into the sea of the following is prohibited:
(i). all plastics, including but not limited to synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products which may contain toxic or heavy metal residues; and
(ii). all other garbage, including paper products, rags, glass, metal, bottles, crockery, dunnage, lining and packing materials;
(b). except as provided in subparagraph (c) disposal into the sea of food wastes shall be made as far as practicable from land, but in any case not less than 12 nautical miles from the nearest land;
(c). disposal into the Wider Caribbean Region of food wastes which have been passed through a comminuter or grinder shall be made as far as practicable from land, but in any case not less than 3 nautical miles from the nearest land. Comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 millimetres."
* The Wider Caribbean is defined by MARPOL Annex V as the Gulf of Mexico and Caribbean Sea proper including the bays and seas therein and that portion of the Atlantic Ocean within the boundary constituted by the 30° N parallel from Florida eastward to 77°30′ W meridian, thence a rhumb line to the intersection of 20° N parallel and 59° W meridian, thence a rhumb line to the intersection of 7°20′ N parallel and 50° W meridian, thence a rhumb line drawn south-westerly to the eastern boundary of French Guiana.

6. Resolution MEPC.164(56)-Amendments to MARPOL Annexes I and IV

The amendments to MARPOL Annex I (reception facilities outside Special Areas) and Annex IV (discharge of sewage) are adopted by this Resolution. The amendments are expected to be accepted on 1 Jun 08 and enter into force on 1 Dec 08
The amendment to Annex I adds reference to regulation 34 (Control of discharge of oil) in regulation 38.2.5 of Annex I of MARPOL 73/78. Under the amended text of regulation 38.2.5, reception facilities will be required to be provided in ports for oily bilge waters and other residues from tankers, which cannot be discharged in accordance with regulation 34.
 The amendments to Annex IV provide that the sewage originating from spaces containing living animals, should not be discharged instantaneously but at a moderate rate when the ship is en route and proceeding at not less than 4 knots.
Source IMO

The following requirement and clarification has been received from the DMA, in relation with the application of the new regulation 12.2.2 of MARPOL Annex I which entered into force on 1st January 2011:

The regulation, which is applicable to every ship of 400 GT and above, requires that oil residue (sludge) tanks shall have no discharge connections to the bilge system, oily bilge water holding tank(s), tank top or oily water separators.

For ships constructed on or after 31st December 1990, this matter was dealt with under the previous version of regulation 12 and Interpretation 17 (paragraph 17.1.3). However, this interpretation was not mandatory and its application depended on individual flag state requirements; consequently, some ships built between 1991 and 2010 do not comply with the interpretation.  There is no applicable requirement/interpretation for ships built prior to 31st December 1990.

It is the understanding of the Danish Maritime Authority (DMA) that regulation 12.2.2 applies to both new and existing ships. We also understand that it was accepted during the development of the regulation that modifications would be required to the piping systems of ships not built in compliance with the new requirements. However, we have become aware that some recognised organisations either do not require modifications to be carried out at all or they may allow modifications to be deferred until the next scheduled IOPPC renewal survey.

On this background, please note that the DMA require the piping systems of non-compliant ships to be modified as necessary not later than the first IOPPC survey (annual, intermediate or renewal as applicable) conducted on or after 1st January this year.

MARPOL,Annex I:STS Operations

13 08 2010

Ship to Ship (STS) operations between tankers will become regulated with the adoption of Resolution MEPC.186(59) to amend MARPOL 78/73 Annex I and introduce a new chapter eight intended to prevent pollution during transfer of oil cargo between oil tankers at sea.

With the regulation entering into force on 1 January 2011, any oil tanker involved in STS operations will be required to have on board an STS operations plan, approved by the Administration no later than the date of the first annual, intermediate or renewal survey under MARPOL 73/78 Annex I carried out on or after 1 January 2011 but not later than 1 April 2012.

The approved plan is to be developed taking into account information contained in the IMO Manual on Oil Pollution and the ICS and OCIMF STS Guide (Petroleum). The plan is required to prescribe how to conduct STS operations and should be written in the working language of the ship.

The person supervising STS operations should be qualified to a level that satisfies training requirements outlined in the OCIMF STS Guide. Records of all STS operations are to be noted in the oil record book and retained on board for at least three years.

Vessels subject to the regulation that plan STS operations within the territorial sea or the exclusive economic zone (EEZ) of a Party to MARPOL are required to notify the relevant coastal state
Authority at least 48 hours in advance of any STS operation. When the estimated time of arrival at the location or area for the STS operation changes by more than six hours, a revised estimated time of arrival is to be given.
These regulations do not cover;
  • fuel oil bunkering operations
  • oil transfer operations associated with fixed or floating platforms
  • STS operations necessary for securing the safety of a ship or saving life at sea or for combating specific pollution incidents in order to minimize the damage from pollution, and
  • STS operations where either of the ships involved is a warship, naval auxiliary or other ship owned or operated by a State and used, temporarily only on government non-commercial service.
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