MARPOL - How to Do It - 2013 Edition

This manual provides useful, practical information to Governments, particularly those of developing countries, on the technical, economic and legal implications of ratifying, implementing and enforcing the MARPOL Convention and its Annexes.

Foreward

MARPOL – How to do it (Manual on the practical implications of ratifying and implementing MARPOL 73/78) was first published by the International Maritime Organization (IMO) in 1993 to provide advice on the process of ratification, implementation and enforcement of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). The first revision of the 1993 edition of MARPOL – How to do it was published in 2002, followed by a second revision in 2012. The latter was conducted mainly as a result of the total revision of MARPOL Annexes I and II and the entry into force of MARPOL Annexes IV and VI. Annex V was also revised in the meantime.

This publication is the revised and updated version of the 2002 edition of MARPOL – How to do it. This edition supersedes the 2002 edition.

Although MARPOL entered into force on 2 October 1983, there are IMO Member States that have not yet ratified MARPOL, or one, or all of its optional Annexes. Of the countries that have ratified MARPOL, there are those that have not managed to implement all of the requirements of the Convention and its related Protocols.

This manual provides useful, practical information to Governments, particularly those of developing countries, on the technical, economic and legal implications of ratifying, implementing and enforcing the MARPOL Convention and its Annexes. The aim is to encourage further ratification, proper implementation and enforcement of the Convention. However, it should be noted that, for legal purposes, the authentic text of the MARPOL Convention and its Annexes, should always be consulted.

The Annexes to MARPOL are living documents that develop through time. It is, therefore, not possible for this manual to reflect texts that are fully up to date and the reader is strongly advised to consult recent updates of the instruments through IMO documents and publications.

Foreword

Chapter 1 Introduction to the MARPOL Convention

Part I Rights and obligations

Chapter 2 Structure and components of MARPOL

Chapter 3 Rights and obligations under MARPOL (the Convention and its Protocols)

Chapter 4 Jurisdiction

Part II Preparations

Chapter 5 Means of meeting obligations

Part III Legal aspects

Chapter 6 Integrating MARPOL into national law

Chapter 7 The legal aspects of enforcement

Part IV Implementing the regulations

Chapter 8 Implementing the regulations of the Annexes

Chapter 9 Implementing Annex I: regulations for the prevention of pollution by oil

Chapter 10 Implementing Annex II: regulations for the control of pollution by noxious liquid substances

Chapter 11 Implementing the revised Annex III: regulations for the prevention

of pollution by harmful substances carried by sea in packaged forms

Chapter 12 Implementing Annex IV: regulations for the prevention of pollution by sewage from ships

Chapter 13 Implementing the revised Annex V: regulations for the prevention of pollution by garbage from ships

Chapter 14 Implementing Annex VI: regulations for the prevention of air pollution from ships

Chapter 15 Provision of reception facilities

Chapter 16 Implementing Protocol I: reports on incidents involving harmful substances

Chapter 17 Implementing Protocol II: arbitration

Chapter 18 Duties of shipowners

Chapter 19 Equipment requirements: the options

Part V Technical aspects of enforcement

Chapter 20 Pollution detection and response

Chapter 21 Strategies for inspection

Part VI Organization

Chapter 22 Basic marine administration

Chapter 23 Delegation of duties by the marine administration

Chapter 24 Training of personnel

Chapter 25 Guidelines, Codes and IMO publications relevant to MARPOL

Appendices

Appendix 1 Example of a document of accession

Appendix 2 Example of enabling legislation

Appendix 3 Example of an “Order”

Appendix 4 Example of regulations for the prevention of pollution by oil

Appendix 5 Example of regulations for the control of pollution by noxious liquid substances in bulk

Appendix 6 Example of regulations for the prevention of pollution by harmful substances carried in packaged form

Appendix 7 Example of regulations for the prevention of pollution by sewage from ships

Appendix 8 Example of regulations for the prevention of pollution by garbage from ships

Appendix 9 Example of regulations for the prevention of air pollution from ships

Appendix 10 Example of regulations for the provision of reception facilities

Appendix 11 Example of regulations for the reporting of pollution incidents

Appendix 12 Guidelines for the authorization of Organizations acting on behalf of the Administrations and specifications on the survey andcertification functions of Recognized Organizations acting on behalf of the Administrations

Appendix 13 Extract from the 2008 edition of the IMDG Code

Appendix 14 Extract from paragraph 2.9.3 of the 2008 edition of the IMDG Code

Appendix 15 Classification flowchart outlining the process to be followed for marine pollutants

Appendix 16 Inspection of certificates and relevant documents

Appendix 17 Investigations into contravention of discharge provisions

Appendix 18 Itemized list of possible evidence of contravention of the MARPOL Annex I discharge provisions

Appendix 19 Guidance in respect of the inspection of marine diesel engines in order to determine compliance with the requirements 13 of Annex VI .

Figures

Figure 1 Actions necessary in implementing and enforcing MARPOL

Figure 2 Overview of the nine MoUs on port State control

Figure 3 Legal actions necessary for integrating MARPOL

into national law and for its implementation

Figure 4 A typical flow diagram of IBTS

Figure 5 Oily-water separating arrangement combined with bilge-water settling container – for small ships only

Figure 6 Oily-water separating arrangement – for small ships only

Figure 7 Packages containing marine pollutants shall bear this mark as from 1 January 2012

Figure 8 Systems for collection and separation of waste oil

Figure 9 A system for the reception and treatment of ballast water

Figure 10 Convention and non-Convention duties of marine administrations

Figure 11 The organization of a small marine administration

Figure 12 Flowchart based on figure 3 of appendix II of the NOx Technical Code 2008

Tables

Table 1 Control of discharge of oil from machinery spaces of all ships

Table 2 Cross reference for discharge monitoring and control systems

Table 3 Control of discharge of oil from cargo tank areas of oil tankers

Table 4 Maximum allowed residual quantity per tanks and its associated piping

Table 5 General operational requirement per pollution category to achieve no more than the maximum allowed residual quantity per tank and its associated piping

Table 6 Discharge requirements under Annex IV

Table 7 Summary of restrictions to the discharge of garbage into the sea under regulations 4, 5 and 6 of MARPOL Annex V

Table 8 Standards for emissions of NOx by marine diesel engines, by Tier

Table 9 Limits on sulphur content of any fuel used on board ships

As a specialised agency of the United Nations, the International Maritime Organization (IMO) is the global standard-setting authority for the safety, security and environmental performance of international shipping. Its main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented.

In other words, its role is to create a level playing field so that ship operators cannot address their financial issues by simply cutting corners and compromising on safety, security and environmental performance. This approach also encourages innovation and efficiency.

Shipping is a truly international industry, and it can only operate effectively if the regulations and standards are themselves agreed, adopted and implemented on an international basis. And IMO is the forum at which this process takes place