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:

• Revised MARPOL Annex V MEPC.201(62)
• Guidelines for the implementation of MARPOL Annex V MEPC.219(63)
• Guidelines for the development of Garbage Management Plans MEPC.220(63)
• Guide to good practice for port reception facilities providers and users MEPC.1/Circ.671
• Advanced notification form for waste delivery to port reception facilities MEPC.1/Circ.644
• Reporting alleged inadequacies of port reception facilities MEPC.1/Circ.469/Rev.1 
• Waste delivery receipt IMO format MEPC.1/Circ.645

2002 Passenger ship liability and compensation treaty set to enter into force in 2014

The Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002, which substantially raises the limits of liability for the death of, or personal injury to, a passenger on a ship, is set to enter into force on 23 April 2014, after the required 10 ratifications were reached on 23 April 2013, with the ratification of the 2002 Athens Protocol by Belgium.

 

The 2002 Protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, (PAL), revises and updates the 1974 Convention, which established a regime of liability for damage suffered by passengers carried on a seagoing vessel.  As a precondition for joining, Parties to the 2002 Protocol are required to denounce the 1974 treaty and its earlier Protocols. 

 

The Athens Convention declares a carrier liable for damage suffered by a passenger resulting from death, personal injury or damage to luggage if the incident causing the damage occurred in the course of the carriage and was due to the fault or neglect of the carrier.  Such fault or neglect is presumed, unless the contrary is proved,

Carriers can limit their liability unless they acted with intent to cause such damage, or recklessly and with knowledge that such damage would probably result.. For the death of, or personal injury to, a passenger, this limit of liability was set at 46,666 Special Drawing Rights (SDR) per carriage in the 1974 convention.

 

The 2002 Protocol substantially raises those limits to 250,000 SDR per passenger on each distinct occasionunless the carrier proves that the incident resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or was wholly caused by an act or omission done with the intent to cause the incident by a third party.

 

If the loss exceeds this limit, the carrier is further liable - up to a limit of 400,000 SDR per passenger on each distinct occasion - unless the carrier proves that the incident which caused the loss occurred without the fault or neglect of the carrier.

 

As far as loss of, or damage to, luggage is concerned, the carrier's limit of liability varies, depending on whether the loss or damage occurred in respect of cabin luggage, of a vehicle and/or luggage carried in or on it, or in respect of other luggage.

 

• The liability of the carrier for the loss of or damage to cabin luggage is limited to 2,250 SDR per passenger, per carriage.
• Liability of the carrier for the loss of or damage to vehicles including all luggage carried in or on the vehicle is limited to12,700 SDR per vehicle, per carriage.
• Liability of the carrier for the loss of or damage to other luggage is limited to 3,375 SDR per passenger, per carriage.

 

The carrier and the passenger may agree that the liability of the carrier shall be subject to a deductible not exceeding 330 SDR in the case of damage to a vehicle and not exceeding 149 SDR per passenger in the case of loss of or damage to other luggage, such sum to be deducted from the loss or damage.

 

The 2002 Athens Convention also introduces compulsory insurance,  as well as mechanisms to assist passengers in obtaining compensation, based on well-accepted principles applied in existing liability and compensation regimes dealing with environmental pollution. These include replacing the fault-based liability system with a strict liability system for shipping related incidents, backed by the requirement that the carrier take out compulsory insurance to cover these potential claims.

 

Ships are to be issued with a certificate attesting that insurance or other financial security is in force and a model certificate is attached to the Protocol in an Annex.

 

The limits contained in the Protocol set a maximum limit, empowering - but not obliging - national courts to compensate for death, injury or damage up to these limits.

 

The Protocol also includes an "opt-out" clause, enabling State Parties to retain or introduce higher limits of liability (or unlimited liability) in the case of carriers who are subject to the jurisdiction of their courts.

 

Amendment of limits
The 2002 Protocol introduces a tacit acceptance procedure for raising the limits of liability, whereby a proposal  to amend the limits would be circulated on the request of at  least one-half of the Parties to the Protocol, and adopted by a two-thirds majority of the States Parties.  Amendments would then enter into force within 36 months unless not less than one fourth of the States Parties at the time of the adoption informed that they did not accept the amendment.

 

Ratifications
The 2002 PAL Protocol has now been ratified by 10 States: Albania, Belgium, Belize, Denmark, Latvia, Netherlands, Palau, Saint Kitts and Nevis, Serbia and Syrian Arab Republic.

It has been also ratified by the European Union.

 

The 1974 convention has been ratified by 35 States. 

Regulations to improve the energy efficiency of international shipping enter into force

New regulations aimed at improving the energy efficiency of international shipping entered into force on 1 January 2013. 

 

The amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL) were adopted in July 2011.They add a new chapter 4 Regulations on energy efficiency for ships to MARPOL Annex VI, to make mandatory the Energy Efficiency Design Index (EEDI), for new ships, and the Ship Energy Efficiency Management Plan (SEEMP) for all ships. Other amendments to Annex VI add new definitions and the requirements for survey and certification, including the format for the International Energy Efficiency Certificate.

 

The regulations apply to all ships of 400 gross tonnage and above. However, under regulation 19, the Administration may waive the requirements for new ships up to a maximum of 4 years.

 

The EEDI is a non-prescriptive, performance-based mechanism that leaves the choice of technologies to use in a specific ship design to the industry. As long as the required energy-efficiency level is attained, ship designers and builders would be free to use the most cost-efficient solutions for the ship to comply with the regulations.

 

The SEEMP establishes a mechanism for operators to improve the energy efficiency of ships. Ships are required to keep on board a ship specific Ship Energy Efficiency Management Plan (SEEMP).

Other MARPOL amendments which entered into force on 1 January 2013

Other MARPOL amendments which entered into force on 1 January include the following.

 

Annex VI Emissions
Amendments to MARPOL Annex VI designate certain waters adjacent to the coasts of Puerto Rico (United States) and the U.S. Virgin Islands (United States) as the US Caribbean Sea Emission Control Area for the control of emissions of nitrogen oxides (NOX), sulphur oxides (SOX) and particulate matter under regulations 13 and 14 of MARPOL Annex VI. Another amendment makes old steamships exempt from the requirements on sulphur content of fuel oil used on board ships in both the North American and United States Caribbean Sea ECAs. The new US Caribbean Sea ECA takes effect 12 months after entry into force, that is, 1 January 2014.

 

Annex IV Sewage
Amendments to MARPOL Annex IV Prevention of pollution by sewage from ships include the possibility of establishing Special Areas, the actual designation of the Baltic Sea as a Special Area under Annex IV, and the introduction of stricter discharge requirements for passenger ships while in a Special Area.

 

Annex V Garbage 
The revised MARPOL Annex V Regulations for the prevention of pollution by garbage from ships has entered into force, following a comprehensive review to bring the Annex up to date.

 

The main feature of the revision is the prohibition of the discharge of all garbage into the sea except as expressly provided otherwise in the Annex. The discharges permitted in certain circumstances include food wastes, animal carcasses, cargo residues, and water containing cleaning agents or additives used for washing deck and external surfaces or cargo holds.

 

Cargo residues and cleaning agents and additives must only be considered for discharge if they are not harmful to the marine environment. The changes also include the updating of definitions; the introduction of an “en route” requirement for the discharge of garbage at sea; and the regrouping of the garbage categories for the purpose of the garbage record book.

Endorsement on CDC as per the requirements of the ILO Convention No.108.

M.S Notice 14 of 2013 Dated 30.05.2013

To avoid the difficulties faced by the Indian flag shipping companies / agents of foreign flag vessels in the matter of denial of entry into foreign countries by local authorities of  vessels with Indian seafarers whose CDCs were not endorsed as being in compliance with the ILO Convention No. 108, the Merchant Shipping Notice No. 13 of 2006 [F.No.3(15)/CR/2006] dated 21.09.2006 was issued by DGS to facilitate the Indian seafarers’ to approach the Shipping Master concerned for an endorsement on their CDCs’ to the effect that “ This document is a Continuous Discharge Discharge Certificate cum Seafarers Identity Document and is issued in compliance with Seafarers Identity Document convention 1958 (No-108) of the International Labour Organization”.    

ILO stamping is required only on old CDCs’ printed prior to 2009.  The new CDCs’ printed with effect from July, 2009 already have the ILO   stamping embedded on them. Some CDC's issued prior to 2009 also have the ILO stamping (see above image,CDC issued in 2007), so check your CDC in the additional pages for office use for ILO stamp.

The seafarers who requires an ILO stamping on their CDC shall submit their CDCs in person to the jurisdictional Shipping Master Office on any working day between 1000hrs to 1200 hrs.

The concerned Shipping Master after completing necessary formalities shall affix the ILO stamping on these CDCs on the same day.  Such CDCs shall be collected back by the concerned seafarers in person between 1600 hrs to 1700 hrs on the same day.  

Seafarers who do not have ILO stamping on their CDC are advised to apply for such endorsement well in advance, rather than waiting till their last moment of sailing.

The instructions mentioned in MS Notice 14 of 2013 shall be effective from 30-05-2013.