Tuesday, July 23, 2013

Revised Marpol Annex V

Revised MARPOL Annex V sets new regulatory requirements regarding the disposal of garbage from ships came into force on 1 January 2013. The new amendments prohibit the disposal of almost all kinds of garbage at sea with the exemption under specific requirements of food waste, animal carcasses, cargo residues contained in wash water and environmental friendly cleaning agents. As a result of these regulations more and more ships will dispose their ship-generated waste to reception facilities ashore. 

Every ship of 100 gross tonnage and above, and every ship certified to carry 15 or more persons, and fixed and floating platforms are required to carry and implement a garbage management plan that specifies procedures to be followed to ensure proper and efficient handling and storage of garbage.

Every ship of 400 gross tonnage and above and every ship which is certified to carry 15 or more persons engaged in voyages to ports or offshore terminals under the jurisdiction of another Party to the Convention and every fixed or floating platform shall be provided with a Garbage Disposal Record Book.

Full statutory requirements can be found in IMO MEPC.201(62) 


Definitions

For the purpose of Annex V:-
a)    Animal carcasses means the bodies of any animals that are carried onboard as cargo and that die or are euthanized during the voyage.

b)    Cargo residues means the remnants of any cargo which are not covered by other MARPOL Annexes to the present Convention and which remain on the deck or in holds following loading or unloading, including loading and unloading excess or spillage, whether in wet or dry condition or entrained in wash water but does not include cargo dust remaining on the deck after sweeping or dust on the external surfaces of the ship.

c)     Cooking oil means any type of edible oil or animal fat used or intended to be used for the preparation or cooking of food, but does not include the food itself that is prepared using these oils.

d)    Domestic wastes means all types of wastes not covered by other MARPOL Annexes that are generated in the accommodation spaces onboard the ship. Domestic wastes does not include grey water.


a)    En route means that the ship is underway at sea on a course or courses, including deviation from the shortest direct route, which as far as practicable for navigational purposes, will cause any discharge to be spread over as great an area of the sea as is reasonable and practicable.

b)    Fishing gear means any physical device or part thereof or combination of items that may be placed on or in the water or on the sea-bed with the intended purpose of capturing, or controlling for subsequent capture or harvesting, marine or fresh water organisms.

c)     Fixed or floating platforms means fixed or floating structures located at sea which are engaged in the exploration, exploitation or associated offshore processing of sea-bed mineral resources.

d)    Food wastes means any spoiled or unspoiled food substances and includes fruits, vegetables, dairy products, poultry, meat products and food scraps generated aboard ship.

e)    Garbage means all kinds of food wastes, domestic wastes and operational wastes, all plastics, cargo residues, cooking oil, fishing gear, and animal carcasses generated during the normal operation of the ship and liable to be disposed of continuously or periodically except those substances which are defined or listed in other Annexes to the present MARPOL Convention.

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 which involve the transport of fish including shellfish for placement in the aquaculture facility and the transport of harvested fish including shellfish from such facilities to shore for processing.

f)     Grey water means drainage from dishwater, shower, laundry, bath and washbasin drains. It does not include drainage from toilets, urinals, hospitals and animal spaces, as defined in MARPOL Annex IV (sewage), and it does not include drainage from cargo spaces. Grey water is not considered garbage in the context of MARPOL Annex V.

g)    Incinerator ashes means ash and clinkers resulting from shipboard incinerators used for the incineration of garbage.

h)    Nearest land. The term "from the nearest land" means from the baseline from which the territorial sea of the territory in question is established in accordance with international law, except that, for the purposes of the present Annex, ''from the nearest land'' off the north-eastern coast of Australia shall mean from a line drawn
from a point on the coast of Australia in:

latitude 11°00΄ S, longitude 142°08΄ E
to a point in latitude 10°35΄ S, longitude 141°55΄ E,
thence to a point latitude 10°00΄ S, longitude 142°00΄ E,
thence to a point latitude 09°10΄ S, longitude 143°52΄ E,
thence to a point latitude 09°00΄ S, longitude 144°30΄ E,
thence to a point latitude 10°41΄ S, longitude 145°00΄ E,
thence to a point latitude 13°00΄ S, longitude 145°00΄ E,
thence to a point latitude 15°00΄ S, longitude 146°00΄ E,
thence to a point latitude 17°30΄ S, longitude 147°00΄ E,
thence to a point latitude 21°00΄ S, longitude 152°55΄ E,
thence to a point latitude 24°30΄ S, longitude 154°00΄ E,
thence to a point on the coast of Australia in
latitude 24°42΄ S, longitude 153°15΄ E.

i)      Operational wastes means all solid wastes (including slurries) not covered by other Annexes that are collected onboard during normal maintenance or operations of a ship, or used for cargo stowage and handling.

Operational wastes include cleaning agents and additives contained in cargo hold and external wash water.

Maintenance/Operational wastes are generated more or less steadily during the course of routine ship operations.  In some cases, maintenance wastes maybe contaminated with substances, such as oil or toxic chemicals, controlled under other annexes or other pollution control laws.  In such cases, the more stringent disposal requirements take precedence. 

Operational wastes does not include grey water, bilge water, or other similar discharges essential to the operation of a ship, taking into account the guidelines developed by IMO.

j)     Plastic means a solid material which contains as an essential ingredient one or more high molecular mass polymers and which is formed (shaped) during either manufacture of the polymer or the fabrication into a finished product by heat and/or pressure. Plastics have material properties ranging from hard and brittle to soft and elastic. For the purposes of this annex, "all plastics" means all garbage that consists of or includes plastic in any form.  

Plastics are used for a variety of marine purposes including, but not limited to, packaging (vapour-proof barriers, bottles, containers, liners, bags, cargo wrapping material, foam cushioning material, etc.); ship construction (fibreglass and laminated structures, siding, piping, insulation, flooring, carpets, fabrics, paints and finishes, adhesives, electrical and electronic components, etc.); disposable eating utensils (styrofoam plates, bowls, food containers, cups, etc.); bags; sheeting; floats; fishing nets; fishing lines; strapping bands; wire rope with synthetic fibre sheaths; combination wire rope; rope; line; sails; and many other manufactured plastic items.


k)     Recycling means the activity of segregating and recovering components and materials for reprocessing.

l)      Reuse means the activity of recovering components and materials for further use without reprocessing.

m)   Special area means a sea area where for recognized technical reasons in relation to its oceanographic and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by garbage is required.
                      1.  The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and 
                         seas therein with the boundary between the Mediterranean and the Black Sea constituted by 
                         the 41° N parallel and bounded to the west by the Straits of Gibraltar at the meridian 5°36′ W.

                  2.  The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia and the Gulf of 
                          Finland andthe entrance to the Baltic Sea bounded by the parallel of the Skaw in the                                     Skagerrak at 57°44.8′ N. 

                  3.  The Black Sea area means the Black Sea proper with the boundary between the 
                          Mediterranean and the Black Sea constituted by the parallel 41° N. 

                  4.  The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded 
                       at the south by the rhumb line between Ras si Ane (12°28.5′ N, 43°19.6′ E) and Husn Murad 
                       (12°40.4′ N, 43°30.2′ E). 

                  5.  The Gulfs area means the sea area located north-west of the rhumb line between Ras al Hadd 
                          (22°30′ N, 59°48′ E) and Ras al Fasteh (25°04′ N, 61°25′ E). 

                 6. The North Sea area means the North Sea proper including seas therein with the boundary
                       between:
     (i). the North Sea southwards of latitude 62°N and eastwards of longitude 4° W;
     (ii). the Skagerrak, the southern limit of which is determined east of the Skaw by latitude 
           57°44.8′ N; 
    (iii). the English Channel and its approaches eastwards of longitude 5° W and northwards of 
           latitude 48°30′ N.

                 7.  The Antarctic area means the sea area south of latitude 60° S.

                8.  The Wider Caribbean Region, means 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.

                9.  The Great Barrier Reef: The “nearest land” as defined by MARPOL, off the North-east of 
                      Australia, is to be considered as the outer edge of The Great Barrier Reef and not the mainland.  
                      As such, all discharges (including food waste) are prohibited in The Great Barrier Reef region.


Garbage Categories
According to revised MARPOL Annex V shipboard generated garbage is to be grouped into the following categories:
  1. Plastics - Garbage that consists of or includes plastic in any form, including synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products. Garbage under this category is prohibited to be discharged at sea.
  2. Food wastes –  Spoiled or unspoiled food substances. Food wastes may be discharged at sea under specific circumstances/requirements (refer to the simplified overview of the discharge provisions of the revised MARPOL Annex V developed by IMO).
  3. Domestic Wastes – Garbage generated mainly in the accommodation spaces on board the ship (e.g. drinking bottles, papers, cardboard etc). Garbage under this category is prohibited to be discharged at sea.
  4. Cooking Oil – Edible oil or animal fat used for the preparation or cooking of food. Garbage under this category is prohibited to be discharged at sea.
  5. Incinerator ashes - Ash and clinkers resulting from shipboard incinerators used for the incineration of garbage. Garbage under this category is prohibited to be discharged at sea.
  6. Operational wastes - Solid wastes (including slurries) that are collected on board during normal maintenance or operations of a ship, or used for cargo stowage and handling. Operational wastes also includes cleaning agents and additives contained in cargo hold and external wash water that may be harmful to the aquatic environment. Operational wastes does not include grey water, bilge water, or other similar discharges essential to the operation of a ship (boiler/economizer blowdown, gas turbine washwater, machinery wastewater etc). Garbage under this category is prohibited to be discharged at sea.
  7. Cargo residues - Remnants of any cargo which remain on the deck or in holds following loading or unloading. This category does not include cargo dust remaining on the deck after sweeping or dust on the external surfaces of the ship. Such garbage may be discharged at sea under specific circumstances/requirements (refer to the simplified overview of the discharge provisions of the revised MARPOL Annex V developed by IMO). It is essential to remember that besides other requirements (e.g. distance from shore) cargo residues in order to be discharged at sea they should not be harmful to the marine environment. Cargo residues which are considered harmful to the marine environment are classified according to the criteria of the United Nations Globally Harmonized System for Classification and Labelling of Chemicals (UN GHS) meeting parameters such as: acute aquatic toxicity category 1, chronic aquatic toxicity category, carcinogenicity, mutagenicity, reproductive toxicity etc
  8. Animal Carcasses – Bodies of any animals that are carried on board as cargo and that die or are euthanized during the voyage. Discharge of such wastes permitted at sea under specific circumstances/requirements (refer to the simplified overview of the discharge provisions of the revised MARPOL Annex V developed by IMO).
  9. Fishing Gear - Physical device that may be placed on or in the water or on the sea-bed with the intended purpose of capturing  marine or fresh water organisms. Garbage under this category is prohibited to be discharged at sea.
These new categories represent the categories to be used for record purposes in the Garbage Record Book. The superseded MARPOL Annex V defined six categories whereas the revised annex defines nine.

A Simplified overview of the discharge provisions of the revised MARPOL Annex V given below;-

1 These substances must not be harmful to the marine environment.
2 Discharge shall only be allowed if: (a) both the port of departure and
the next port of destination are within the special area and the ship will not transit outside the special area between these ports (regulation 6.1.2.2); and (b) if no adequate reception facilities are available at those ports (regulation 6.1.2.3)


It is likely that shipboard garbage destined to be sent to a port waste reception facility will need to be segregated. The requirements for the port concerned should be sought and followed in this respect. Given that some ports may not be able to receive and process all types of waste, the garbage processing capability of the port should be checked prior to arrival.
Every ship of 12 m or more in length overall and fixed or floating platforms shall display placards which notify/inform the crew and the passengers regarding the discharge requirements that apply to the ship. The placards shall be written in the working language of the ship’s crew and in English or French or Spanish (this requirement remains the same with the one of the superseded regulation of MARPOL Annex V)
Every ship of 100 gross tonnage (instead of 400 GT required by the superseded MARPOL Annex V) and above, and every ship which is certified to carry 15 or more persons, shall carry a garbage management plan (based on IMO Guidelines MEPC.220(63) and in working language of the crew) containing procedures on
  1. garbage minimization
  2. garbage collection
  3. garbage storage
  4. garbage processing
  5. garbage disposal
  6. equipment used onboard for handling of garbage
  7. the designation of the person or persons in charge for implementing the Garbage Management Plan
In addition to the Garbage Management Plan every ship of 400 gross tonnage and above and every ship which is certified to carry 15 or more persons engaged in voyages to ports which are  under the jurisdiction of another Party to the Convention should maintain a Garbage Record Book  in the form specified in the appendix of the revised Annex. The requirement to maintain a Garbage Record Book remains the same with the superseded MARPOL Annex V with the difference that the layout of the form which will record the garbage discharges is different from the superseded one.
Apart from the above which are requirements of the revised MARPOL Annex V, in order to enhance the implementation of the onboard Garbage Management Plan and to exercise better garbage handling procedures in overall, meaning from the generation of the garbage onboard to the appropriate disposal of them, ships’ crews and agents could make use of IMO’s developed standard format for the advance notification of waste delivery to port reception facilities as defined in IMO Circular MEPC.1/Circ.644.
In addition, where a ships’ Master or agent finds reception facilities in a port inadequate (for example the facility required is not available or is inconveniently located, has unreasonable charges and/or cause undue delay) the Master should forward the information contained inMEPC.1/Circ.469/Rev.1, together with any supporting documentation, to the Administration of the flag State and, if possible, to the competent Authorities in the port State.
Finally, following a ships’ use of port reception facilities the ships’ crews and agents should encourage waste reception facilities service providers to use the IMO standard format for the waste delivery receipt as outlined in MEPC.1/Circ.645
For further reading regarding Garbage Management and revised MARPOL Annex V requirements you can also refer to the following: