1.4 MARPOL

Question 1

Q. What is meant by the terms ‘Party to the Convention’ and ‘Administration’?

Answer 1

A State becomes a party to the convention by either:

Acceding (agreeing) to the convention right away. Or by, Signing and ratifying the instrument. By signing the convention, States indicate their intention to take steps to be bound by the treaty at a later date. The signing also creates an obligation, in the period between signing and ratification or consent to be bound, to refrain from acts that would defeat the object and purpose of the treaty.

‘Administration’ means the Government of the State under whose authority the ship is operating. With respect to a ship entitled to fly a flag of any State, the administration is the Government of that State. With respect to fixed or floating platforms engaged in exploration and exploitation of the sea-bed and subsoil thereof adjacent to the coast over which the coastal State exercises sovereign rights for the purposes of exploration and exploitation of their natural resources, the administration is the Government of the coastal State concerned.

Question 2

Q. To which all vessels do MARPOL apply?

Answer 2

The present Convention shall apply to:

• Ships entitled to fly the flag of a Party to the Convention; and
• Ships not entitled to fly the flag of a Party but which operate under the authority of a Party.

Question 3

Q. To which all vessels do MARPOL not apply to?

Answer 3

The present Convention shall not apply to:
- Any warship
- Naval auxiliary
- Other ship owned or operated by a State and used, for the time being, only on government non-commercial service.

Question 4

Q. How is MARPOL requirements enforced in Australia?

Answer 4

In Australia, MARPOL is given effect domestically through the:

Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
Navigation Act of 2012.
Marine Orders 91 to 98 give specific guidelines for each Annex.

Question 5

Q. List the six annexes of Marpol in simplified terms.
The annexes of Marpol, in simplified terms, are:

Answer 5

Annex 1 – Oil.
Annex 2 – NLS.
Annex 3 – Harmful Substance Carried in Package Form.
Annex 4 – Sewage.
Annex 5 – Garbage.
Annex 6 – Air Pollution.

Question 5

Q. Let’s say a US-flagged vessel involves in a MARPOL violation incident in Australian waters, which jurisdiction applies? In other words, who may cause proceedings to be taken when a violation occurs within the jurisdiction of a Party to the Convention?

Answer 5

In this case, AMSA has two options.

Prosecute in accordance with Australian law.
Inform the authorities in the USA regarding the violation and provide evidence.
The authorities in the USA will need to take action as per their law and advise AMSA of the action taken.

Question 6

Q. What are the basic certificates, documents and publications required by each Annex of MARPOL?

Answer 6

Annex I
International Oil Pollution Prevention Certificate (IOPP).
Shipboard Oil Pollution Emergency Plan (SOPEP).
Oil Record Book (ORB) Part 1 (and 2 if applicable).
The current edition of MARPOL and posters.
Ship To Ship (STS) Operation Plan.

Annex II
NLS Certificate.
Certificate of Fitness (COF).
Procedures and Arrangement manual (P and A Manual).
Shipboard Marine Pollution Emergency Plan (SMPEP).
Cargo Record Book (CRB).
The current edition of IBC Code.
The current edition of MARPOL and posters.

Annex III
Document of Compliance (DOC) for the Carriage of Dangerous Goods.
Multi-Modal Dangerous Goods Form (MMDGF) or Transport Document.
Dangerous Goods Manifest.
The current edition of IMDG Code and Supplement.
The current edition of MARPOL and Posters.

Annex IV
International Sewage Pollution Prevention (ISPP) Certificate.
The current edition of MARPOL and Posters.

Annex V
Garbage Certificate of Compliance.
Garbage Management Plan (GMP).
Garbage Record Book (GRB) Part 1 (and 2 if applicable).
The current edition of MARPOL and posters

Annex VI
International Air Pollution Prevention Certificate (IAPP) Certificate.
Engine International Air Pollution Prevention Certificate (EIAPP) Certificate.
International Energy Efficiency (IEE) Certificate.
NOx Technical Code.
The current edition of MARPOL and Posters.

Question 7

Q. Describe the various requirements of the IOPP certificate?

Answer 7

1. The validity of the certificate is a maximum of 5 years.
2. After a survey has been completed, any changes to the items covered should be approved by the Flag.
3. Master has to report all accidents or defects concerning Annex I.
4. Dates of annual and intermediate surveys need to endorsed on the IOPP certificate.
5. Record of construction and equipment is attached as a supplement to the IOPP certificate.

Question 8

Q. Which ships are required to be fitted with Crude Oil Washing (COW) system?

Answer 8

All new crude oil tankers of 20,000 tonnes deadweight and above must be fitted with a crude oil washing system.

Question 9

Q. Describe the carriage requirement for Shipboard Oil Pollution Emergency Plan (SOPEP)?

Answer 9

All ships of 400 GT or more must carry an approved Shipboard Oil Pollution Emergency Plan (SOPEP).

Question 10

Q. List the discharge criteria for oil originating from machinery spaces on vessels more than 400 GT outside special areas.

Answer 10

Discharges outside special areas except in Arctic waters.
Any discharge into the sea of oil or oily mixtures from ships of 400 gross tonnages and above shall be prohibited except when all the following conditions are satisfied:

The ship is proceeding en route.
The oily mixture is processed through an oil filtering equipment meeting the requirements.
The oil content of the effluent without dilution does not exceed 15 parts per million.
The oily mixture does not originate from cargo pump-room bilges on oil tankers.
The oily mixture, in the case of oil tankers, is not mixed with oil cargo residues.

Question 11

Q. Describe how PSC can submit the ORB entries in a court of law?

Answer 11

1. The Government of a party to the convention may inspect the Oil Record Book while the ship is in its port or offshore terminals and may make a copy of any entry and may require the Master to certify that the copy is a true copy of such entry.
2. A copy certified by the Master is admissible in any judicial proceedings as evidence of the facts stated in the entry.

Question 12

Q. Describe what information is required to be provided to the Master to check stability in case of damage to the hull?

Answer 12

The administration should provide the Master with information relative to loading and distribution of cargo necessary to ensure compliance with the regulation on subdivision and stability and the ability of the ship to comply with the damage stability criteria.

Question 13

Q. What are the categories of NLS as per MARPOL and which is the most hazardous?

Answer 13

Noxious Liquid Substances (NLS) are divided into four categories, X, Y, Z and Other Substances (OS), such that substances in category X pose the greatest threat to the marine environment and those in category OS the least.

Question 14

Q. Are all chemical tankers required to carry the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (NLS Certificate)?

Answer 14

Ships which have been surveyed and certified in accordance with the International Bulk Chemical Code (IBC Code) or the Bulk Chemical Code (BCH Code), as applicable, are deemed to have complied with the regulations regarding survey and certification and do not require to have an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (NLS Certificate).

Question 15

Q. What is the duration of validity of the NLS Certificate?

Answer 15

This certificate shall be issued for a period specified by the Administration which shall not exceed 5 years.

Question 16

Q. What is the notice period required to be given by the Master to the port authority if he intends to load/unload harmful substances?

Answer 16

The Master of the ship, or his representative, should notify the appropriate port authority of the intention to load or unload harmful substances at least 24 hours in advance.

Question 17

Q. Define the following terms: ‘sewage’, ‘ holding tank’ and ‘nearest land’.

Answer 17

Sewage means:
Drainage and other wastes from any form of toilets and urinals, medical premises (dispensary, sickbay, etc.) via washbasins, washtubs and scuppers located in such premises and spaces containing living animals.

Holding tank means:
A tank used for the collection and storage of sewage.

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. The Great Barrier Reef in the northeastern coast of Australia is an exception to this rule, as its limits are defined separately in Annex IV.

Question 18

Q. To which ships does Annex IV apply?

Answer 18

The provisions of Annex IV shall apply to the following ships engaged in international voyages:

• Ships of 400 GT and above
• Ships of less than 400 GT, which are certified to carry more than 15 persons.

Note: MARPOL Annex IV came into force on 27 September 2003.

Ships to which the regulations apply are subject to surveys for the issue of an International Sewage Pollution Prevention Certificate.

Question 19

Q. What is the duration of validity of the International Sewage Pollution Prevention Certificate?

Answer 19

This certificate shall be issued for a period specified by the administration which shall not exceed 5 years.

Question 20

Q. Which discharge criteria to be followed if garbage is a mixture of different categories?

Answer 20

Question 21

Q. Which types of waste can be discharged from off-shore platforms and from ships alongside or within 500 metres from them?

Answer 21

Only food wastes may be discharged into the sea from fixed or floating platforms located more than 12 nautical miles from the nearest land and from all other ships when alongside or within 500 m of such platforms, but only when the wastes have been passed through a comminutor or grinder.

Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 mm.

Question 22

Q. What is meant by Annex V special areas? List them.

Answer 22

Special area means a sea area where for recognised 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.

For the purposes of this Annex, the special areas are:

Mediterranean Sea Area.
Baltic Sea Area.
Black Sea Area.
Red Sea Area.
Gulf Area.
North Sea Area.
Antarctic Area.
Wider Caribbean Region.

Question 23

Q. Which all ships are required to have a ‘Garbage Management Plan’?

Answer 23

Every ship of 100 GT and above and every ship which is certified to carry 15 persons or more is required to carry a Garbage Management Plan, which the crew are required to follow.

Question 24

Q. Which all ships are required to have a ‘Garbage Record Book’?

Answer 24

Every ship of 400 GT and above and every ship which is certified to carry 15 persons or more engaged in voyages to ports or offshore terminals under the jurisdiction of other parties to the convention and every fixed and floating platform engaged in exploration and exploitation of the seabed are to be provided with a Garbage Record Book.

These records are subject to scrutiny by port State Control Officers.

From 1st March 2018, GRB, which used to be a single log, has changed over to two parts as described below:

Garbage Record Book Part 1—for all ships except those carrying solid bulk cargoes

Garbage record book part 1 and part 2—for ships that carry solid bulk cargoes

Question 25

Q. Who all are covered under MARPOL Annex VI?

Answer 25

MARPOL Annex VI applies to all ships, fixed and floating drilling rigs and other platforms, but the certification requirements are depending on the size of the vessel and when it is constructed.

Question 26

Q. What cannot be burnt in an incinerator?

Answer 26

Asper MARPOL Annex VI Reg 16:

• MARPOL Annex I, II and III cargo residues and related contaminated packing materials.
• Polychlorinated biphenyls (PCBs).(E.g. Paint, Glue and Plactics etc.)
• Garbage, as defined in MARPOL Annex V, containing more than traces of heavy metals.
• Refined petroleum products containing halogen compound.
• Polyvinyl chlorides (PVCs), except in incinerators for which IMO Type Approval Certificates have been issued. (E.g. Pipes, Medical devices and wiring and cable insulation. etc.)

Question 27

Q. Which ships are required to have an IAPP certificate?

Answer 27

Ships of 400 GT and above engaged in international voyages involving countries that have ratified the convention, or ships flying the flag of those countries, are required to have an International Air Pollution Prevention Certificate (IAPP Certificate).

Question 28

Q. Which document is provided on crude oil tankers to demonstrate compliance with Annex VI regarding the emission of cargo vapours into the atmosphere?

Answer 28

Every tanker carrying crude oil is required to have a VOC Management Plan approved by the administration on board to demonstrate compliance with the regulations regarding emissions of Volatile Organic Compounds (VOCs) from the cargo.