MARPOL (Cleaner Ocean) World Maritime University 1 Professor Jan-Åke Jönsson, WMU MARPOL (Cleaner Ocean) HARMFUL SUBSTANCES: Harmful substance means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea 2 MARPOL (Cleaner Ocean) IS SHIPPING A “DIRTY” BUSINESS ? 3 MARPOL (Cleaner Ocean) + pollution from accidents !!!!! 4 MARPOL (Cleaner Ocean) Sources and Percentages of Oceanic Oil Pollution Types of Oil Pollution 5 Millions of Gallons Percentage of World Total 37 Ship Source Oil Spills Vessel Maintenance 137 5.2 19.4 Offshore Drilling 15 2.2 Natural Seeps 52 8.8 Up in Smoke 92 13.0 Down the Drain 363 51.4 Total World Oil Pollution 706 100 MARPOL (Cleaner Ocean) MARPOL OBJECTIVES? GOALS? TOOLS? 6 MARPOL (Cleaner Ocean) MARPOL Objectives: POLLUTION shall be avoided to preserve: the human environment in general and the marine environment in particular 7 MARPOL (Cleaner Ocean) MARPOL Goals Complete elimination of pollution Minimization of accidental discharge 8 MARPOL (Cleaner Ocean) RELEASE of OIL and other harmful substances: DELIBERATE Criminal NEGLIGENT Can be rectified with good education and equipment. ACCIDENTAL Can be rectified with good education, equipment and arrangement of the cargo compartment. 9 MARPOL (Cleaner Ocean) MARPOL Tools Establishing of rules, which of course must be followed! However, that is not always the case, and therefore it is also necessary with: Flag State Control & Port State Control 10 MARPOL (Cleaner Ocean) Annex I- Regulations for the prevention of pollution by oil 11 Annex II - Regulations for the control of MARPOL (Cleaner Ocean) pollution by noxious liquid substances (NLS) in bulk liquid bulk cargo (all in ths. tons) 12 Annex III - Regulations for the prevention of MARPOL (Cleaner Ocean) pollution by harmful substances carried by sea in packaged form 13 Annex IV - Regulations for the prevention of MARPOL (Cleaner Ocean) pollution by sewage from ships 14 MARPOL (Cleaner Ocean) Annex V- Regulations for the prevention of pollution by garbage from ships 15 Annex VI - Regulations for the MARPOL (Cleaner Ocean) prevention of Air Pollution From Ships 16 MARPOL (Cleaner Ocean) STATUS OF MARPOL 73/78 (as at 31 January 2012) Annex I 2 October 1983 Annex II 2 October 1983 Annex III 1 July 1992 Annex IV 27 September 2003 Annex V 31 December 1988 Annex VI (protocol 1997) 19 May 2005 Annex I & II Annex III Annex IV Annex V Annex VI Total number of States: 151 136 129 143 68 Percentage tonnage 99 96 87 97 91 17 Articles in MARPOL 73/78 MARPOL (Cleaner Ocean) Article 2: Definitions Ship = Vessel of any type whatsoever operating in the marine environment and includes Hydrofoil boats, air-cushions vehicles, submersibles, floating craft and fixed or floating platforms Article 3: Application (1) The present Convention shall apply to: ships entitled to fly the flag of a Party to the Convention… (3) The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government noncommercial service. • However, each Party shall ensure by the adoption of appropriate measures ---, that such ships act in a manner consistent with the present Convention! 18 MARPOL (Cleaner Ocean) Articles in MARPOL 73/78 Article 4: Violation 19 (1) Any violation of the requirements of the Convention shall be prohibited and sanctions shall be established therefore under the law of the Administration ----. (4) The penalties specified under the law of a party pursuant to the present article shall be adequate in severity to discourage violations --- and shall be equally severe irrespective of where the violation occurs. MARPOL (Cleaner Ocean) Not only MARPOL – also SOLAS: • Chapter II-2,Regulation 2: Fire safety objectives and functional requirements 1 Fire safety objectives 1.1 The fire safety objectives are to: .1 prevent the occurrence of fire and explosion .2 reduce the risk to life, caused by fire • .3 reduce the risk of damage, caused by fire to the ship, its cargo and the environment .4 contain, control and suppress, fire and explosion in the compartment of origin .5 provide adequate and readily accessible means of escape for passengers and crew 20 MARPOL (Cleaner Ocean) Not only MARPOL – also SOLAS: • Chapter V, Regulation 34: Safe navigation and avoidance of dangerous situations 2 The voyage plan shall identify a route which: .1 takes into account any relevant ship’s routeing systems .2 ensures sufficient sea room for the safe passage of the ship throughout the voyage .3 anticipates all known navigational hazards and adverse weather conditions • .4 takes into account the marine environmental protection measures that apply, and avoids, as far as possible, actions and activities which could cause damage to the environment 21 MARPOL (Cleaner Ocean) Not only MARPOL: Ballast water management Anti-fouling systems Recycling of ships Dumping Conv OPRC / HNS 22