The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, or "MARPOL 73/78" is one of the most important international marine
environmental conventions. MARPOL 73/78, MARPOL is an amalgamation of the words "marine and pollution" in multiple languages and a short way to refer to the purpose of the convention. and 73/78 short for the years 1973 and 1978) It was developed by the
International Maritime Organization
The International Maritime Organization (IMO, French: ''Organisation maritime internationale'') is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference ...
with an objective to minimize pollution of the oceans and seas, including
dumping, oil and air pollution.
The original MARPOL was signed on 17 February 1973, but did not come into force at the signing date. The current convention is a combination of 1973 Convention and the 1978 Protocol, which entered into force on 2 October 1983. As of January 2018, 156 states are parties to the convention, being
flag state
The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed, and is deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one jurisdiction, but ma ...
s of 99.42% of the world's shipping tonnage.
All ships flagged under countries that are signatories to MARPOL are subject to its requirements, regardless of where they sail, and member nations are responsible for vessels registered on their national ship registry.
Provisions
MARPOL is divided into Annexes according to various categories of pollutants, each of which deals with the regulation of a particular group of ship emissions.
Annex I
MARPOL Annex I came into force on 2 October 1983 and deals with the discharge of oil into the ocean environment. It incorporates the oil discharge criteria prescribed in the 1969 amendments to the 1954
International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL). It specifies tanker design features that are intended to minimize oil discharge into the ocean during ship operations and in case of accidents. It provides regulations with regard to the treatment of engine room bilge water (
OWS) for all large commercial vessels and ballast and tank cleaning waste (
ODME). It also introduces the concept of "special sea areas (PPSE)", which are considered to be at risk to pollution by oil. Discharge of oil within them has been completely outlawed, with a few minimal exceptions.
The first half of
MARPOL Annex I Marpol Annex I is the first implementation made by Marpol 73/78, one of the most important international marine environmental conventions. The convention was designed to minimize pollution of the seas from ships. The objective of the convention is ...
deals with engine room waste. There are various generations of technologies and equipment that have been developed to prevent waste such as
oily water separators (OWS),
oil content meter
An oil content meter (OCM) is an integral part of all oily water separator (OWS) systems. Oil content meters are also sometimes referred to as oil content monitors, bilge alarms, or bilge monitors.
OCM technology
The OCM continuously monitors ...
s (OCM), and
port reception facilities
Port reception facilities are a place that international shipping ports must provide to collect residues, oily mixtures, and garbage generated from an ocean-going vessel. contaminants generated by ships cannot be discharged directly to the ocean. A ...
.
The second part of the
MARPOL Annex I Marpol Annex I is the first implementation made by Marpol 73/78, one of the most important international marine environmental conventions. The convention was designed to minimize pollution of the seas from ships. The objective of the convention is ...
has more to do with cleaning the cargo areas and tanks.
Oil discharge monitoring equipment (ODME) is a very important technology mentioned in
MARPOL Annex I Marpol Annex I is the first implementation made by Marpol 73/78, one of the most important international marine environmental conventions. The convention was designed to minimize pollution of the seas from ships. The objective of the convention is ...
that has greatly helped improve sanitation in these areas.
The
oil record book All cargo vessels where MARPOL Convention is applicable must have an oil record book in which the officer responsible will record all oil or sludge transfers and discharges within the vessel. This is necessary for authorities to be able to monitor i ...
is another integral part of
MARPOL Annex I Marpol Annex I is the first implementation made by Marpol 73/78, one of the most important international marine environmental conventions. The convention was designed to minimize pollution of the seas from ships. The objective of the convention is ...
, helping crew members log and keep track of oily wastewater discharges, among other things.
Annex II
MARPOL Annex II came into force on 6 April 1987. It details the discharge criteria for the elimination of pollution by noxious liquid substances carried in large quantities. It divides substances into and introduces detailed operational standards and measures. The discharge of pollutants is allowed only to reception facilities with certain concentrations and tions. No matter what, no discharge of residues containing pollutants is permitted within of the nearest land. Stricter restrictions apply to "special areas".
Annex II covers the International Bulk Chemical Code (IBC Code) in conjunction with Chapter 7 of the
SOLAS Convention
The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime treaty that sets minimum safety standards in the construction, equipment and operation of merchant ships. The International Maritime Organization ...
. Previously, chemical tankers constructed before must comply with the requirements of the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code).
Annex III
MARPOL Annex III came into force on 1 July 1992. It contains general requirements for the standards on packing, marking, labeling, documentation, stowage, quantity subtraction, division and notifications for preventing pollution by harmful substances. The Annex is in line with the procedures detailed in the International Maritime Dangerous Goods (IMDG) Code, which has been expanded to include marine pollutants. The amendments entered into force on 1 January 1991.
Annex IV
Marpol Annex IV came into force on 27 September 2003. It introduces requirements to control pollution of the sea by sewage from ships.
Annex V
MARPOL Annex V (''Regulations for the Prevention of Pollution by Garbage from Ships'') came into force on 31 December 1988. It specifies the distances from land in which materials may be disposed of and subdivides different types of garbage and marine debris. The requirements are much stricter in a number of "special areas" but perhaps the most prominent part of the Annex is the complete ban of
dumping plastic into the ocean.
Annex VI
MARPOL Annex VI came into force on 19 May 2005. It introduces requirements to regulate the air pollution being emitted by ships, including the emission of ozone-depleting substances,
Nitrogen Oxides (NOx),
Sulfur Oxides (SOx),
Volatile Organic Compounds (VOCs) and shipboard incineration. It also establishes requirements for reception facilities for wastes from exhaust gas cleaning systems, incinerators, fuel oil quality, off-shore platforms and drilling rigs, and the establishment of
Sulfur Emission Control Areas (SECAs).
IMO 2020
As of 1 January 2020, new emission standards are enforced for fuel oil used by ships, in a regulation known as IMO 2020. The global sulphur limit (outside SECA's) dropped from an allowed 3.5% sulphur in marine fuels to 0.5%. This will significantly improve the air quality in many populated coastal and port areas, which will prevent over 100,000 early deaths each year, and many more cases of asthma in these regions and cities.
Over 170 countries have signed on to the changes, including the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. This is expected to create massive changes for the shipping and oil industries, with major updates required to ships and the increased production of lower sulfur fuel.
Bunker fuels used within an emission control zone (i.e. North Sea) must have a sulphur content level of less than 0.1% (1000ppm).
The IMO has worked on ensuring consistent implementation of the 0.5% sulphur limit in its Marine Environmental Protection Committee (MEPC) and its subcommittee on Pollution Prevention and Response (PPR). This has led to the development on several regulatory and practical measures (FONAR's, Carriage Ban, Ship Implementation Plan etc.) to enable any non-compliance to be detected, for example during port State controls (PSC's).
Amendments
MARPOL Annex VI amendments according with MEPC 176(58) came into force 1 July 2010.
Amended Regulations 12 concerns control and record keeping of Ozone Depleting Substances.
Amended Regulation 14 concerns mandatory fuel oil change over procedures for vessels entering or leaving
SECA
The SecA protein is a cell membrane associated subunit of the eubacterial Sec or Type II secretory pathway, a system which is responsible for the secretion of proteins through the cell membrane. Within this system the SecA ATPase forms a transloc ...
areas and FO sulphur limits.
MARPOL Annex V has been amended multiple times, changing different aspects of the original text.
MEPC.219(63) came into force on 2 March 2012 to generally prohibit the discharge of any garbage into the ocean, with the exception of food wastes, cargo residues, wash-water, and animal carcasses. There are further provisions describing when and how to dispose of the acceptable wastes.
MEPC.220(63) came into force on 2 March 2012 to encourage the creation of a waste management plan on-board vessels.
Implementation and enforcement
In order for
IMO standards to be binding, they must first be ratified by a total number of member countries whose combined
gross tonnage
Gross tonnage (GT, G.T. or gt) is a nonlinear measure of a ship's overall internal volume. Gross tonnage is different from gross register tonnage. Neither gross tonnage nor gross register tonnage should be confused with measures of mass or weigh ...
represents at least 50% of the world's gross tonnage, a process that can be lengthy. A system of tacit acceptance has therefore been put into place, whereby if no objections are heard from a member state after a certain period has elapsed, it is assumed they have assented to the treaty.
All six Annexes have been ratified by the requisite number of nations; the most recent is Annex VI, which took effect in May 2005. The country where a ship is registered (
Flag State
The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed, and is deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one jurisdiction, but ma ...
) is responsible for certifying the ship's compliance with MARPOL's
pollution prevention
Content related to Pollution prevention may be found at, for example:
* Water pollution
* Air pollution
* Plastic pollution
Related concepts and processes
* Circular economy
* Remanufacturing
* Source reduction
* Sustainable packaging
* Toxics ...
standards. Each signatory nation is responsible for enacting
domestic laws
Municipal law is the national, domestic, or internal law of a sovereign state and is defined in opposition to international law. Municipal law includes many levels of law: not only national law but also state, provincial, territorial, regional, ...
to implement the convention and effectively pledges to comply with the convention, annexes, and related laws of other nations. In the United States, for example, the relevant implementation legislation is the
Act to Prevent Pollution from Ships
The Act to Prevent Pollution from Ships (APPS, 33 U.S.C. §§1905-1915) is a United States law that implements the provisions of MARPOL and the annexes to which the United States is a party. The most recent U.S. action concerning MARPOL occurred in ...
.
One of the difficulties in implementing MARPOL arises from the very international nature of maritime shipping. The country that the ship visits can conduct its own examination to verify a ship's compliance with
international standard
international standard is a technical standard developed by one or more international standards organizations. International standards are available for consideration and use worldwide. The most prominent such organization is the International Or ...
s and can detain the ship if it finds significant
noncompliance. When incidents occur outside such country's jurisdiction or jurisdiction cannot be determined, the country refers cases to flag states, in accordance with MARPOL. A 2000 US
GAO
Gao , or Gawgaw/Kawkaw, is a city in Mali and the capital of the Gao Region. The city is located on the River Niger, east-southeast of Timbuktu on the left bank at the junction with the Tilemsi valley.
For much of its history Gao was an impor ...
report documented that even when referrals have been made, the response rate from flag states has been poor.
On January 1, 2015, maritime shipping levels became legally subject to new MARPOL directives because the SECA (Sulphur Emission Controlled Areas) zone increased in size. This larger SECA zone will include the North Sea, Scandinavia, and parts of the English Channel. This area is set to include all of the Republic of Ireland's international waters in 2020 culminating in all of Western Europe's subjection to the MARPOL directive. This has proven controversial for shipping and ferry operators across Europe.
Concerns have been raised about the environmental damage moving back to the roads by some of the larger ferry operators that ship substantial amounts of freight and passenger traffic via these routes affected by IMO standards. They claim that MARPOL will drive up ferry costs for the consumer and freight forwarding companies pushing them back onto the European roadways as a financially more cost effective measure compared to increased ferry costs, thereby defeating the object of reducing water pollution.
Enforcement of MARPOL Annex VI
Concerns have also been raised whether the emission regulation in MARPOL Annex VI, such as the 0.5% global sulphur limit, can be enforced on international waters by non-flag States, as some ships sail under a
flag of convenience
Flag of convenience (FOC) is a business practice whereby a ship's owners register a merchant ship in a ship register of a country other than that of the ship's owners, and the ship flies the civil ensign of that country, called the flag state ...
. It is believed that the United Nations Convention on the Law Of the Sea (
UNCLOS
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 c ...
) allows port States to assert jurisdiction over such violations of emission regulation (also of future regulations of GHG) when they occur on the high seas. Coastal States can assert jurisdiction over violations occurring within their waters, with certain exceptions pertaining to innocent passage and the right of transit passage. The special obligations for flag States and the broadened jurisdictions for coastal and port States, to enforce MARPOL (including Annex VI) are found within the special provisions of part XII of UNCLOS.
[Jesper Jarl Fanø (2019). Enforcing International Maritime Legislation on Air Pollution through UNCLOS. Hart Publishing. ]
See also
*
Crude oil washing
*
International Maritime Organization
The International Maritime Organization (IMO, French: ''Organisation maritime internationale'') is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference ...
*
Marine energy management Marine energy management is the application of systematic methods to measure, register and analyze the energy usage of oceangoing vessels in specific.
The goal of marine energy management is to
*''maximize the (electrical or mechanical) energy g ...
*
Marine fuel management
Marine fuel management (MFM) is a multi-level approach to measuring, monitoring, and reporting fuel usage on a boat or ship, with the goals of reducing fuel usage, increasing operational efficiency, and improving fleet management. MFM has grown ...
*
Merchant Shipping (Pollution) Act 2006
The Merchant Shipping (Pollution) Act 2006 (c 8) is an Act of the Parliament of the United Kingdom. It has three main purposes: to give effect to the Supplementary Fund Protocol 2003, to give effect to Annex IV of the MARPOL Convention, and t ...
*
Ship pollution
The environmental effects of shipping include air pollution, water pollution, acoustic, and oil pollution. Ships are responsible for more than 18 percent of some air pollutants.
As for greenhouse gas emissions, the International Maritime Orga ...
*
Oil Pollution Act van 1990
*
MARPOL Annex I Marpol Annex I is the first implementation made by Marpol 73/78, one of the most important international marine environmental conventions. The convention was designed to minimize pollution of the seas from ships. The objective of the convention is ...
*
Oily water separator (marine)
*
Oil content meter
An oil content meter (OCM) is an integral part of all oily water separator (OWS) systems. Oil content meters are also sometimes referred to as oil content monitors, bilge alarms, or bilge monitors.
OCM technology
The OCM continuously monitors ...
*
Port Reception Facilities
Port reception facilities are a place that international shipping ports must provide to collect residues, oily mixtures, and garbage generated from an ocean-going vessel. contaminants generated by ships cannot be discharged directly to the ocean. A ...
References
External links
International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78)Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships Treaty available in ECOLEX-the gateway to environmental law (English)
IMO Overview of Emission Control Areas
{{DEFAULTSORT:Marpol 73 78
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