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The current paper aims at clarifying the extensive MARPOL 73/78 – the IMO's first and only integrated and all-embracing convention targeting pollution from ships – and its effects on the shipping industry, in particular shipowners and their P&I insurers. This is an essential topic since nations are becoming increasingly aware of the tremendous damage that is caused by environmental pollution and, accordingly, port authorities are taking a hard line as regards the application and compliance with the regulations of MARPOL. The research paper is based on three main points. The first section is a general overview of the MARPOL 73/78 and its structure and functioning. The second section provides understanding of why compliance with MARPOL is vital not only for the environment but also for the shipowners and their liability insurers. The third and lengthiest section attempts to translate the wordy and complicated technical provisions of the Convention into a simplified account of what shipowners should comply with. The discussion therein does not follow neatly the regulations of the annexes but instead is grouped and organized around the main issues concerning the respective annex, while in the same time references to the specific provisions are provided everywhere should the reader needs to consult the exact provision or to get acquainted with further details.

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How to comply with MARPOL 73/78

A commentary on the IMO's pollution-prevention instrument and

the implications for the shipping industry

Ilian Djadjev

, University of Groningen

Abstract. The current paper aims at clarifying the extensive MARPOL 73/78 –

the IMO's first and only integrated and ell-embracing convention targeting

pollution from ships – and its effects on the shipping industry, in particular

shipowners and their P& I insurers. This is an essential topic since nations are

becoming increasingly aware of the tremendous damage that is caused by

environmental pollution and, accordingly, port authorities are taking a hard line

as regards the application and compliance with the regulations of MARPOL.

The research paper is based on three main points. The first section is a general

overview of the MARPOL 73/78 and its structure and functioning. The second

section provides understanding of why compliance with MARPOL is vital not

only for the environment but also for the shipowners and their liability insurers.

The third and lengthiest section attempts to translate the wordy and complicated

technical provisions of the Convention into a simplified account of what

shipowners should comply with. The discussion therein does not follow neatly

the regulations of the annexes but instead is grouped and organized around the

main issues concerning the respective annex, while in the same time references

to the specific provisions are provided everywhere should the reader needs to

consult the exact provision or to get acquainted with further details.

1. General

The International Convention for the Prevention of Pollution from Ships (MARPOL

73/78) is the main international marine convention designed by the International Maritime

Organization (IMO) to prevent pollution from ships, which may occur as a result of both

operational and accidental causes. The Convention, being a combined instrument of the

original 1973 Convention and the modifying 1997 Protocol, entered into force on 2 October

1983. Throughout the years, MARPOL has been regularly expanded and updated in order to

take into account modern technical developments and environmental standards.

Currently, 153 states are a party to the Convention, representing 98.52% of the world

shipping tonnage, which means that it has worldwide application.

All ships that fly the flag

of a contracting party to MARPOL are subject to its regulations, regardless of where they sail.

Contracting parties are responsible for the survey and inspections of the ships that operate

The author is a PhD fellow at the University of Groningen, the Netherlands. This paper was written with the

kind support of Prof. M.H. ten Wolde, Mr. R. Beets, and Mr. J. de Haan. Ilian N. Djadjev may be reached at

i.djadjev@rug.nl and ilian_nd@yahoo.com

. April 2015, Groningen.

The data refers to Annex I and II of MARPOL 73/78 and is up to date by 27 April 2015. Source: the IMO.

under their authority as well for the issuance of the necessary on -board certificates, and for

sanctioning any violation of MARPOL 73/78.

The Convention comprises six technical Annexes covering various aspects related to

the prevention of marine pollution. Most Annexes designate special areas (e.g. the Baltic Sea

area, the Mediterranean Sea area, the Gulfs area, the Antarctic area ) where, for technical

and ecological reasons and the particular character of their traffic, more stringent mandatory

rules are adopted for the prevention of pollution.

Annex I of MARPOL 73/78 (date of entry: 2 Oct ober 1982) regulates the prevention

of pollution by oil. It applies to every oil tanker of 150t GT and above and every other ship of

400t GT and above, and it sets forth rules for discharge of oil into the water. Annex I requires

oil tankers to be provided with slop tank arrangements, an oil discharge monitoring system,

and an oil-content meter. Also, it is mandatory for oil tankers to have double hulls as well as

segregated ballast tanks or dedicated clean ballast tanks.

Annex II (date of entry : 2 Oct ober 1982) regulates the control of pollution by noxious

liquid substances (NLS) in bulk. The Annex distinguishes between four categories of NLS.

The discharge of NLS into the sea is prohibited and they should be discharged only to

reception facilities when certain conditions, such as the concentration of the substance, are

complied with; these conditions vary depending on the category of the substance.

Annex III (date of entry: 1 July 1992; 141 contracting parties; 97.79% of world

tonnage

)

regulates the prevention of pollution by harmful substances carried by sea in

packaged form. It lays down general requirements and standards regarding packaging,

marking and labelling, documentation, stowage, and quantity limitations.

Annex IV (date of entry: 27 September 2003; 134 contracting parties; 90.74% of the

world tonnage

) regulates the prevention of pollution by sewage from ships. It forbids ships of

200t GT, or ships less than 200t GT which are certified to carry more than 10 persons, to

discharge sewage into the water unless certain requirements are met (e.g. the presence of a

sewage treatment plant; a system to comminute and disinfect sewage; or a holding tank).

Annex V (date of entry: 31 December 1988; 147 contracting parties; 98.03% of the

world tonnage

) regulates the prevention of pollution by garbage from ships. It prohibits the

discharge into the sea of all plastics, and sets rules for the discharge of different type of

garbage depending on whether the ship is within or outside a special area.

Annex VI (date of entry: 19 May 2005; 80 contracting parties; 95.23% of the world

tonnage

) regulates the prevention of air pollution from ships. It provides rules for the

emissions of ozone-depleting substances, nitrogen oxides, and sulphur oxides as well as rules

regarding shipboard incineration and fuel oil quality.

2. Consequences for the shipowner and for the P&I club in case of a

violation of the MARPOL provisions

The data is up to date by 27 April 2015. Source: the IMO.

Ibid.

It is noteworthy that P&I Clubs usually cover liabilities, loss, damage, costs and

expenses (e.g. cleaning-up expenses, costs of any measures to prevent or minimize pollution,

liability for loss, damage or contamination) related to pollution risks in connection with the

discharge or escape, or the threat thereof, of any substance from the insured vessel. There is

also recovery with regard to costs or expenses, other than in the normal course of business ,

which stem from complying with any order or direction given by any authority (i.e. legislation

giving effect to MARPOL) for the purpose of preventing or reducing pollution or the risk of

pollution.

However, there will be no insurance cover for liability, loss, damage, costs or

expenses incurred as a result of any discharge or escape in any land-based, dump, site,

storage, or disposal facility. Furthermore, P&I Clubs normally make distinction between

accidental pollution and that caused by an infringement of MARPOL. Accordingly , there is

recovery for fines and penalties only in respect of accidental escape or discharge from the

insured vessel, and there is no recovery for fines or penalties arising out of an infringement of

the MARPOL regulations, which are outlined below.

When it comes to complying with MARPOL, shipowners must be aware of three main

points that underlie the Convention – the sanctioning of violations, the issue of certificates,

and the drafting of a report in case of an incident. Most importantly, any violation of

MARPOL shall be sanctioned under the law of the state under whose authority the ship is

operating, wherever the violation occurs. When any violation takes place within the

jurisdiction of any Contracting Party, sanctions shall be established under the law of that Party

(Art.4 , MARPOL 73 ).

Secondly, a ship is required to hold a valid on-board certificate in accordance with the

regulations. While in ports or offshore terminals of a Party, the ship can be inspected by

authorized officers of that Party whether there is such a certificate on-board, and, if not, that

Party may prevent the ship from sailing if it presents a threat of harm to the marine

environment (Art.5 , MARPOL 73 ).

Finally, the master of a vessel should timely make a comprehensive report to the

department responsible for the issuance of the respective certificate, of any incident ( e.g. an

accident occurred to a ship, or a discovered defect that substantially affects the integrity of the

ship or the efficiency or completeness of its equipment covered by MARPOL) involving

harmful substances (Art.8, MARPOL 73 ). A r eport shall be made when there is: (a) a

discharge of oil or of noxious liquid substances above the permitted level; (b) a discharge of

harmful substances in packaged form; (c) damage, failure or breakdown of a ship of 15 metres

in length or above (Art .II, Protocol I, MARPOL 78 ).

3. A comprehensive overview of the MARPOL Annexes

Annex I of MARPOL 73/78 – Regulation for the Prevention of Pollution by Oil

Surveys and inspections – every oil tanker of 150t GT and above, and every other

ship of 400t GT and above, shall be subject to: (a) an initial survey before the ship is put to

service or before the IOPPC is issued, covering her structure, equipment, systems, fittings,

arrangements and material; (b) a renewal survey at intervals not exceeding five years; (c) an

intermediate survey within three months before or after the date of the first and second expiry

of the Certificate, which shall take the place of one of the annual surveys; (d) an annual

survey within three months before or after each expiry of the Certificate; (e) an additional

survey either general or partial after a repair. The surveys shall ensure that the structure,

equipment, systems, fittings, arrangements and material fully comply with this Annex

(Reg.4 ).

International Oil Pollution Prevention Certificate (IOPPC) – it shall be issued

after an initial or renewal survey to any oil tanker of 150t GT and above and any other ship of

400t GT and above (Reg.5). No IOPPC shall be issued to a ship entitled to fly a flag of a state

which is not a party to the Convention (Reg.6). The duration of the IOPPC shall not exceed

five years, and the period of validity ceases upon the transfer of the ship to the flag of another

state (Reg.8 ).

Control of discharge of oil – any discharge into the sea of oil or oily mixtures from

ships shall be prohibited except all of the following conditions are satisfied:

For oil tankers: (a) the tanker is not within a special area ( the Mediterranean Sea ; the

Baltic Sea ; the Black Sea; the Red Sea; the Gulfs area; the Gulf of Aden; the Antarctic area;

the North-West European waters); (b) the tanker is more than 50 nautical miles from the

nearest land; (c) the tanker is proceeding en route ; (d) the instantaneous rate of discharge of

oil does not exceed 30 litres per nautical mile; (e) the total quantity of oil discharged into the

sea does not exceed 1/15,000 (for existing tankers) and 1/30,000 (for new tankers) of the total

quantity of the particular cargo including residue; (f) the tanker has in operation (1) an oil

discharge monitoring and control system, and (2) a slop tank arrangement.

Furthermore, oil tankers of 150t GT and above shall be provided with slop tank

arrangements for cleaning the cargo tanks and for transferring the dirty ballast residue, tank

washings, and oily waste from the cargo tanks into a slop tank or combination of slop tanks.

The total capacity of slop tank/tanks shall be necessary to retain the slop generated by tank

washings, oil residue and dirty ballast residue, and it shall not be less than 3% of the oil

carrying capacity of the ship. New oil tankers of 70,000t DWT and above shall be provided

with at least two slop tanks. Effective oil/water interface detectors shall be provided in slop

tanks. Oil discharge monitoring and control system shall be fitted together with an oil content

meter and a recording device to provide a continuous record of the discharge in liter per

nautical mile and total quantity discharged, or the oil content and rate of discharge. The

system shall come into operation w hen there is any discharge of effluent into the sea, and any

failure of that system, or if the instantaneous rate of discharge exceeds the permitted limits

under Reg.9 , discharge shall stop automatically (Reg.15 ).

For ships of 400t GT and above, excluding discharge from cargo pump-room bilges

and cargo mixed with oil residue: (a) the ship is not within a special area; (b) the ship is

proceeding en route ; (c) the oil content of the effluent without dilution does exceed

15/1,000,000; (d) the ship has in operation (1) an oil discharge monitoring and control system,

and (2) oil filtering equipment (Reg.9 ).

Any ship of 400t GT up to 10,000t GT shall be fitted with oil filtering equipment,

which shall ensure that any oily mixture discharged into the sea after passing through the

system has an oil content not exceeding 15/1,000,000.

Any ship of 10,000t GT and above shall be provided with oil filtering equipment and

with arrangements for an alarm and for automatically stopping any discharge of oily mixture

when the oil content in the effluent exceeds 15/1,000,000 (Reg.16 ).

Prevention of oil pollution from ships while operating in special areas – any

discharge of oil or oily mixtures from any oil tanker and any ship of 400t GT and above (for

the Antarctic area: any ship) shall be prohibited while in a special area. For ships of less than

400t GT, discharge is allowed when the oil content of the effluent without dilution does not

exceed 15/1,000,000. Clean or segregated ballast is excluded from this regulation (Reg.10 ).

Exceptions – the regulations on discharge of oil ( Reg.9 ) and on prevention of oil

pollution in special areas (Reg.10) shall not apply when: (a) the discharge of oil/oily mixture

is necessary for securing the safety of a ship or saving life at sea; or (b) the discharge results

from damage to a ship or its equipment (provided that all precautions have been taken post

factum for minimizing or preventing the discharge, and that there was no intent to cause

damage or recklessness on behalf of the owner/master); or (c) the discharge into the sea of

substances containing oil is for the purpose of combating specific pollution incidents in order

to minimize the damage from pollution (Reg.11 ).

Segregated ballast tanks, dedicated clean ballast tanks, and crude oil washing

(Reg.13)

New oil tankers

– 20,000t DWT and above:

Every new crude oil tanker of 20,000t DWT and above (and more than 150m long)

and every new product carrier (an oil tanker engaged in carrying refined oil products) of

30,000t DWT and above shall be provided with segregated ballast tanks. The capacity of

these tanks shall have capacity allowing the ship to safely operate on ballast voyages without

recourse to the use of cargo tanks for water ballast. Exceptionally, additional ballast water can

be carried in cargo tanks, after cargo tanks have been crude oil washed, when: (1) the weather

conditions are so severe that, in the opinion of the master, it is necessary to carry water in

cargo tanks for the safety of the ship; (2) an exceptional case requires the tanker to carry

ballast water in excess of the volume of the segregated ballast tanks. Every new crude oil

tanker of 20,000t DWT and above shall also be fitted with a cargo tank cleaning system using

crude oil washing.

The segregated ballast tanks which are located within the cargo tank length shall

provide a measure of protection against oil outflow in the event of grounding or collision

(Reg.13E ). Every oil tanker of 5,000t DWT and above, for which the building contract is

placed on or after 6 July 1993, shall have her entire cargo length protected by ballast tanks or

spaces other than cargo and fuel oil tanks as follows: wing tanks or spaces, which shall extend

either for the full depth of the ship's side or from the top of the double bottom to the

uppermost deck; double bottom tanks or spaces (Reg.13F ).

Building contract must be placed after 31 December 1976.

Existing oil tankers

of 40,000t DWT and above:

Every existing crude oil tanker of 40,000t DWT and above shall be provided with

segregated ballast tanks. The capacity of these tanks shall have capacity allowing the ship to

safely operate on ballast voyages without recourse to the use of cargo tanks for water ballast.

Exceptionally, additional ballast water can be carried in cargo tanks under the conditions that

apply for new oil tankers of 20,000t DWT and above. However, existing crude oil tankers

may operate with a cargo tank cleaning procedure using crude oil washing, in lieu of being

provided with segregated ballast tanks.

Every existing product carrier of 40,000t DWT and above shall be provided with

segregated ballast tanks. Their capacity shall have capacity allowing the ship to safely operate

on ballast voyages without recourse to the use of cargo tanks for water ballast. Exceptionally,

additional ballast water can be carried in cargo tanks under the conditions that apply for new

oil tankers of 20,000t DWT and above. However, existing product carriers may operate,

alternatively, with dedicated clean ballast tanks . An oil tanker operating with dedicated clean

ballast tanks shall be equipped with an oil content meter.

Tanks for oil residues (sludge)

Every ship of 400t GT and above shall be provided with a tank or tanks to receive the

oil residue (sludge) which cannot be dealt with otherwise, such as those resulting from the

purification of fuel and lubricating oils and oil leakages in the machinery spaces (Reg.17 ).

Pumping, piping and discharge arrangements of oil tankers

In every oil tanker, a discharge manifold for connection to reception facilities for the

discharge of dirty ballast water or oil contaminated water shall be located on the open deck on

both sides of the ship. In every oil tanker, pipelines for discharge into the sea of ballast water

or oil contaminated water from cargo tank areas shall be led to the open deck or to the ship's

side above the waterline in the deepest ballast condition (Reg.18 ).

Oil record book

Every oil tanker of 150t GT and above shall be provided with an Oil Record Book Part

I (Machinery Space Operations) and with an Oil Record Book Part II (Cargo/Ballast

Operations). Every ship of 400t GT and above other than an oil tanker shall be provided with

an Oil Record Book Part I. The Oil Record Book(s) shall be completed on the following

occasions: (a) for machinery space operations (all ships): (1) ballasting or cleaning of oil fuel

tanks; (2) discharge of dirty ballast or cleaning water from oil fuel tanks; (3) disposal of oily

residues (sludge); (4) discharge overboard or disposal otherwise of bilge water which has

accumulated in machinery spaces; (b) for cargo ballast operations (oil tankers): (1) loading of

oil cargo; (2) internal transfer of oil cargo during voyage; (3) unloading of oil cargo; (4)

ballasting of cargo tanks and dedicated clean ballast tanks; (5) cleaning of cargo tanks

including crude oil washing; (6) discharge of ballast except from segregated ballast tanks; (7)

discharge of water from slop tanks; (8) closing of all applicable valves or similar devices after

slop tank discharge operations; (9) closing of valves necessary for isolation of dedicated clean

ballast tanks from cargo and stripping lines after slop tank discharge operations; (10) disposal

These are all tankers that are not a new tanker within the meaning of Regulation 13.

of residues. In the event of an accidental or other exceptional discharge of oil not excepted by

that regulation, a statement shall be made in the Oil Record Book (Reg.20 ).

Annex II of MARPOL 73/78 – Regulation for the Control of Pollution by Noxious Liquid

Substances (NLS) in Bulk

Application – Annex II shall apply to all ships carrying noxious liquid substances

(NLS) in bulk, including oil tankers as defined in Annex I when carrying a cargo or part of

cargo of NLS in bulk (Reg.1; Reg.2). NLS are divided into four categories: (a) Category A –

NLS which, if discharged into the sea, would present a major hazard to marine resources or

human health, or cause serious harm to amenities or other legitimate uses of the sea and

therefore require stringent anti -pollution measures. These are substances which are

bioaccumulated and liable to produce a hazard to aquatic life or human health, or which are

highly toxic to aquatic life; additionally, certain substances which are moderately toxic to

aquatic life when particular weight is given to additional factors; (b) Category B – NLS

which, if discharged into the sea, would present a hazard to marine resources or human health,

or cause harm to amenities or other legitimate uses of the sea and therefore require special

anti-pollution measures. These are substances which are bioaccumulated or which are liable to

produce tainting of the sea food, or which are moderately toxic to aquatic life; additionally,

certain substances which are slightly toxic to aquatic life when particular weight is given to

additional factors; (c) Category C – NLS which, if discharged into the sea, would present a

minor hazard to marine resources or human health, or cause minor harm to amenities or other

legitimate uses of the sea and therefore require special operational conditions. These are

substances which are slightly toxic to aquatic life; additionally, certain substances which are

practically non-toxic to aquatic life when particular weight is given to additional factors; (d)

Category D – NLS which, if discharged into the sea, would present a recognizable hazard to

marine resources or human health, or cause minimal harm to amenities or other legitimate

uses of the sea and therefore require some attention in operational conditions. These are

substances which are practically non-toxic to aquatic l ife or which are causing deposits

blanketing the sea floor with a high biochemical oxygen demand (Reg.3; Appendix I ). The

discharge of clean ballast or segregated ballast, as well as bilge or ballast water containing

substances referred to in Appendix III, shall not be subject to the Annex ( Reg.4 ). Special areas

shall be: the Baltic Sea area, the Black Sea area , and the Antarctic area (Reg.1 ).

Discharge of NLS (Reg.5)

Category A, B and C outside special areas – the discharge into the sea of Category A

substances (or ballast water, tank washings or other residues containing such substances) shall

be prohibited. Upon washing tanks, containing such substances, the resulting residue shall be

discharged to a reception facility until the concentration of the substance is at or below 0.1%

by weight (for yellow or white phosphorus the residual concentration shall be 0.01%). Any

water subsequently added to the tank may be discharged into the sea when all conditions are

met: (a) the ship is proceeding en route at a speed of at least 7 knots (4 knots for ships which

are not self-propelled); (b) the discharge is made below the waterline; (c) the discharge is

made not less than 12 nautical miles from the nearest land and in a depth of not less than 25

The discharge into the sea of Category B substances (or ballast water, tank washings

or other residues containing such substances) shall be prohibited except when all conditions

are met: (a) the ship is proceeding en route at a speed of at least 7 knots (4 knots for ships

which are not self-propelled); (b) the procedures and arrangements for discharge are approved

by the government of the Contracting Party under whose authority the ship is operating, and

are based on IMO's standards, and the concentration of the substance in the wake astern does

not exceed 1/1,000,000; (c) the maximum quantity of cargo discharged from each tank shall

not exceed the greater of 1 m

or 1/3,000 of the tank capacity; (d) the discharge is made below

waterline; (e) the discharge is made not less than 12 nautical miles from the nearest land and

in a depth of not less than 25 m.

The discharge into the sea of Category C substances (or ballast water, tank washings

or other residues containing such substances) shall be prohibited except when all conditions

are met: (a) the ship is proceeding en route at a speed of at least 7 knots (4 knots for ships

which are not self-propelled); (b) the procedures and arrangements for discharge are approved

by the government of the Contracting Party under whose authority the ship is operating, and

are based on IMO's standards, and the concentration of the substance in the wake astern does

not exceed 10/1,000,000; (c) the maximum quantity of cargo discharged from each tank shall

not exceed the greater of 3m

or 1/1,000 of the tank capacity; (d) the discharge is made below

the waterline; (e) the discharge is made not less than 12 nautical miles from the nearest land

and in a depth of not less than 25 m.

Category D in all areas – the discharge into the sea of Category D substances (or

ballast water, tank washings or other residues containing such substances) shall be prohibited

except when all conditions are met: (a) the ship is proceeding en route at a speed of at least 7

knots (4 knots for ships which are not self-propelled); (b) the concentration substance/water

does not exceed 1/10; (c) the discharge is made not less than 12 nautical miles from the

nearest land.

Category A, B and C within special areas

– with regard to Category A substances, the

same requirements apply as for the discharge of Category A substances outside special areas,

except that: upon washing tanks, which contain such substances, the resulting residue shall be

discharged to a reception facility until the concentration of the substance is at or below 0.05%

by weight (for yellow or white phosphorus the residual concentration shall be 0.005%).

With regard to Category B substances, the same requirements apply as for the

discharge of Category B substances outside special areas, except that: requirement (c) is

substituted with the requirement that the tank shall be prewashed, and the resulting tank

washings shall be discharged to a reception facility.

With regard to Category C substances, the same requirements apply as for the

discharge of Category C substances outside special areas, except that: the concentration in

requirement (b) shall not exceed 1/1,000,000, and the maximum quantity of cargo discharged

in requirement (c) shall not exceed the greater of 1m

or 1/3,000 of the tank capacity.

Exceptions to these rules – Regulation 5 of this Annex shall not apply to: (a) the

discharge into the sea of NLS necessary for securing the safety of a ship or saving life at sea;

In the Antarctic area , any discharge of NLS shall be prohibited.

or (b) the discharge into the sea of NLS resulting from damage to a ship (provided that all

reasonable precautions have been taken after the damage occurred for preventing or

minimizing the discharge, and except if the owner or master acted intentionally to cause

damage or recklessly, being aware that damage would probably result); or (c) the discharge

into the sea of NLS is used for combating specific pollution incidents in order to minimize the

damage from pollution (Reg.6 ).

Pumping, piping and unloading arrangements – every ship constructed on or after

1.July.1986 shall be provided with pumping and piping arrangements to ensure that each tank

designated for the carriage of a Category B or C substance does not retain a quantity of

residue in excess of 0.1 m

for Category B substances (0.3 m

for Category C substances) in

the tank's associated piping and in the immediate vicinity of that tank's suction point. For

ships constructed before 1.July.1986, these values are 0.3m

and 0.9m

, respectively (Reg.5A ).

Measures of control (Reg.8 ) – the government of each contracting party shall appoint

or authorize surveyors, who shall execute control in accordance with the provisions

hereunder. With regard to Category A substances, the following shall apply in all areas – a

tank which has been unloaded shall be washed before the ship leaves the port of unloading.

The effluent from the tank washing shall be discharged to a reception facility at least until the

concentration of the substance in the discharge has fallen to: outside special areas, at or below

0.1% by weight (for yellow or white phosphorus the residual concentration shall be 0.01%);

within special areas, at or below 0.05% by weight (for yellow or white phosphorus, 0.005%).

With regard to Category B and C substances outside special areas, the following shall

apply – a tank which has been unloaded shall be prewashed before the ship leaves the port of

unloading whenever: (1) the substance unloaded results in a residue quantity exceeding the

maximum quantity which may be discharged into the sea outside special areas according to

Reg. 5 – the greater of 1 m

or 1/3,000 of the tank capacity for Category B substances, and the

greater of 3m

or 1/1,000 of the tank capacity for Category C substances; or (2) the unloading

is not carried out in accordance with the pumping conditions approved by the government

under whose authority the ship is operating, and based on IMO's standards. The resulting tank

washings shall be discharged to a reception facility at the port of unloading.

With regard to Category B substances within special areas, the following shall apply –

a tank which has been unloaded shall be prewashed before the ship leaves the port of

unloading, and the resulting tank washings shall be discharged to a reception facility at the

port of unloading.

With regard to Category C substances within special areas, the following shall apply –

a tank which has been unloaded shall be prewashed before the ship leaves the port of

unloading, and the resulting tank washings shall be discharged to a reception facility at the

port of unloading, whenever: (1) the substance unloaded results in a residue quantity

exceeding the maximum quantity which may be discharged into the sea within special areas in

accordance with Reg.5(9) – the greater of 1m

or 1/3,000 of the tank capacity; or (2) the

unloading is not carried out in accordance with the pumping conditions approved by the

government under whose authority the ship is operating, and based on IMO's standards.

The requirement to prewash with regard to the carriage of Category B and C

substances within special areas does not apply when all of the following conditions are met:

(1) the substance unloaded results in a residue quantity not exceeding the maximum quantity

which may be discharged into the sea outside special areas in accordance with Reg.5(2) and

Reg.5(3), respectively – the greater of 1 m

or 1/3,000 of the tank capacity for Category B

substances, and the greater of 3m

or 1/1,000 of the tank capacity for Category C substances –

and the residues are retained on board for subsequent discharge in accordance with Reg.5(2)

or Reg.5(3), respectively; and (2) the unloading is carried out in accordance with the pumping

conditions approved by the government under whose authority the ship is operating, and

based on IMO's standards.

At the request of the ship's master, the government of the receiving Party may exempt

the ship from the abovementioned requirements to wash or prewash regarding the carriage of

Category A, B, or C substances outside or within special areas, where: (1) the tank unloaded is

to be reloaded with the same or compatible substance and the tank will not be washed or

ballasted prior to loading; or (2) the tank unloaded is neither washed nor ballasted at sea, and

the respective requirements are complied with at another port; or (3) the cargo residues will be

removed by a ventilation procedure.

With regard to Category D substances in all areas, a tank which has been unloaded

shall be: (1) washed and the resulting washings shall be discharged to a reception facility; or

(2) the remaining residues in the tank shall be diluted and discharged into the sea in

accordance with Reg.5(4).

Cargo Record Book – every ship to which Annex II applies shall be provided with a

Cargo Record Book, which shall be completed whenever there is: loading of cargo; internal

transfer of cargo; unloading of cargo; cleaning of cargo tanks; ballasting of cargo tanks;

discharge of ballast from cargo tanks; disposal of residues to reception facilities; discharge

into the sea or removal by ventilation of residues in accordance with Reg.5 of Annex II

(Reg.9 ).

Surveys – ships carrying NLS shall be subject to the following surveys carried out by

officers of the government or surveyors: (a) an initial survey before the ship is put in service

or before the NLS Certificate (International Pollution Prevention Certificate for the Carriage

of NLS in Bulk) is issued for the first time; (b) a renewal survey at intervals not exceeding 5

years; (c) an intermediate survey within three months before or after the date of the first and

second expiry of the Certificate, which shall take the place of one of the annual surveys; (d)

an annual survey within three months before or after each expiry of the NLS Certificate; (e)

an additional survey either general or partial after a repair (Reg.10 ).

Annex III of MARPOL 73/78 – Regulations for the Prevention of Pollution by Harmful

Substances Carried by Sea in Packaged Form

Application – Annex III shall apply to all ships carrying harmful substances in

packaged form. This Annex does not apply to ship's stores and equipment. Harmful

substances are those listed as marine pollutants in the International Maritime Dangerous

Goods Code (IMDG Code) (Reg.1). Harmful substances are also substances that are identified

as being: (1) bioaccumulated to a significant extent and known to produce a hazard to aquatic

life or to human health; or (2) bioaccumulated with attendant risk to aquatic organisms or to

human health with a short retention of the order of one week or less; or (3) liable to produce

tainting of seafood; or (4) highly toxic to aquatic life (Appendix). The carriage of harmful

substances is prohibited, except in accordance with this Annex.

Packaging – "Packaged form" is the forms of containment specified for harmful

substances in the IMDG Code (Reg.1(1.3)). Packages shall be adequate to minimize the

hazard to the marine environment (Reg.2 ). Empty packagings which have been used

previously for the carriage of harmful substances shall themselves be treated as harmful

substances unless adequate precautions have been taken to ensure that they contain no residue

that is harmful to the marine environment (Reg.1(4) ).

Marking and labelling – Packages containi ng a harmful substance shall be durably

marked with: (1) the correct technical name (other than the trade name); and (2) a durable

mark or label indicating that the substance is a marine pollutant. Where possible, other means

of identification should be provided (e.g. the relevant UN number). All this identification

information should be still identifiable on packages surviving at least three months'

immersion in the sea. Packages containing small quantities of harmful substances may be

exempted from these marking requirements; the specific exemptions are provided in the

IMDG Code (Reg.3 ).

Documentation – In all documents relating to the carriage of harmful substances by

sea, where these substances are named, the correct technical name shall be used (as opposed

to trade names alone), and the substance shall be additionally identified via the words

"MARINE POLLUTANT". The shipper shall supply, together with the shipping documents, a

signed certificate or declaration that the shipment is properly packaged and marked, labelled

or placarded and in the proper condition for carriage. Furthermore, each ship carrying harmful

substances shall have a special list or manifest setting forth the harmful substances carried and

their location on board. The latter documents may be substituted with a detailed stowage plan

if it sets out the location of the harmful substances on board. In case the ship carries a special

list or manifest or a detailed stowage plan, required for the carriage of dangerous goods in

accordance with the International Convention for the Safety of Life at Sea (SOLAS), the

documents required by MARP OL 73/78 Annex III and the documents required by SOLAS may

be combined, but a clear distinction shall be made between dangerous goods and harmful

substances (Reg.4 ).

Stowage – Harmful substances shall be properly stowed and secured so as to

minimize the hazards to the marine environment without impairing the safety of the ship and

persons on board (Reg.5 ).

Exceptions – Jettisoning of harmful substances carried in packaged form shall be

prohibited, except where necessary for the purpose of securing the safety of the ship or saving

life at sea. Appropriate measures shall be taken to regulate the washing of leakages overboard,

provided that such measures would not impair the safety of the ship and persons on board

(Reg.7 ).

Annex IV of MARPOL 73/78 – Regula tions for the Prevention of Pollution by Sewage

from Ships

Application – The provisions of Annex IV shall apply to: (1) ships of 200t GT and

above; (2) ships of less than 200t GT which are certified to carry more than 10 persons; (3)

ships which do not have a measured gross tonnage and are certified to carry more than 10

persons (Reg.2 ). For the purpose of this Annex, "special areas" means a sea area where it is

required the adoption of special mandatory methods for the prevention of sea pollution by

sewage, and includes: (1) the Baltic Sea area; and (2) any other sea area designated by IMO

with respect to prevention of pollution by sewage from ships (Reg.1 ).

Surveys – Every ship which is required to comply with this Annex shall be subject to

the following surveys:

(a) an initial survey before the ship is put into service or before the International

Sewage Pollution Prevention Certificate (1973) is issued for the first time, and such a survey

shall ensure:

(1) that, when the ship is fitted with a sewage treatment plant, the plant shall meet

operational requirements based on IMO's standards and test methods;

(2) that, when the ship is fitted with a system to comminute and disinfect the

sewage , such a system shall be of a type approved by the government under whose flag the

ship is operating;

(3) that, when the ship is equipped with a holding tank for the collection and

storage of sewage, the capacity of such tank shall be to the satisfaction of the government

under whose flag the ship is operating, and for the retention of all sewage having regard to the

operation of the ship, number of persons on board and other relevant factors;

(4) that the ship is equipped with a pipeline leading to the exterior convenient for

the discharge of sewage to a reception facility;

(b) peri odical surveys at intervals not exceeding five years which shall ensure that the

equipment, fittings, arrangements and material fully comply with the applicable requirements

of this Annex (Reg.3 ).

Issue of a Certificate – An International Sewage Pollution Prevention Certificate

(1973) will be issued either by the government under whose authority the ship is operating or

by any persons or organizations duly authorized by it (Reg.4). The Certificate shall be valid

for a period specified by the government that issued it but it shall not exceed five years. In

case the Certificate expires at a time when the ship is not in a port or offshore terminal under

the jurisdiction of the flag state, the Certificate may be extended but only for the purpose of

allowing the ship to complete its voyage to the flag state and only in cases where it appears

proper and reasonable to do so. No Certificate shall be thus extended for a period longer than

five months (Reg.7 ).

Discharge of sewage – The discharge of sewage into the sea is prohibited, except

when:

(a) the ship is discharging comminuted and disinfected sewage, using a system to

comminute and disinfect the sewage , at a distance of more than 4 nautical miles from the

nearest land (if sewage is not comminuted or disinfected, at a distance of more than 12

nautical miles from the nearest land), provided that in any case the sewage that has been

stored in holding tanks shall not be discharged instantaneously but at a moderate rate when

the ship is en route and proceeding at not less than 4 knots; or

(b) the ship has in operation an approved sewage treatment plant, and the effluent shall

not produce visible floating solids in, nor cause discoloration of, the surrounding water; or

in accordance with such less stringent requirements as may be imposed by such state.

When the sewage is mixed with wastes or waste water having different discharge

requirements, the more stringent requirements will apply (Reg.8 ).

Exceptionally, the requirements on discharge of sewage in shall not apply when: (a)

the discharge of sewage from a ship is necessary to secure the safety of a ship and those on

board or save life at sea; or (b) the discharge of sewage results from damage to a ship or its

equipment provided that all reasonable precautions have been taken before and after the

occurrence of the damage for the purpose of preventing or minimizing the discharge (Reg.9 ).

Annex V of MARPOL 73/78 – Regulations for the Prevention of Pollution by Garbage

from Ships

Application – The provisions of Annex V shall apply to all ships (Reg.2). For the

purpose of this Annex, "garbage" means all kinds of victual, domestic and operational waste

(excl. fresh fish and parts thereof), generated during the normal operation of the ship (Reg.1 ).

For the purpose of this Annex, "special areas" means a sea area where it is required the

adoption of special mandatory methods for the prevention of sea pollution by garbage, and

includes: (1) the Mediterranean Sea area; (2) the Baltic Sea area; (3) the Black Sea area; (4)

the Red Sea area; (5) the Gulfs area ; (6) the North Sea area; (7) the Antarctic area; (8) the

Wider Caribbean Region (including the Gulf of Mexico and the Caribbean Sea) (Reg.5).

Disposal of garbage from fixed or floating platforms – The disposal of garbage is

prohibited from fixed or floating platforms and from all other ships when alongside or within

500 m of such platforms. However, the disposal into the sea of food wastes may be permitted

when they have passed through a comminuter or grinder from such fixed or floating platforms

located more than 12 nautical miles from land and all other ships when alongside or within

500 m of such platforms (Reg.5). For the purpose of this Annex, any comminuted or ground

garbage or food wastes shall be capable of passing through a screen with openings no greater

than 25 mm.

Disposal of garbage – The Annex has laid down a general prohibition. Accordingly,

the discharge of all garbage into the sea is prohibited, except as provided otherwise in the

regulations of the Annex ( Reg.3). Discharge into the sea of all plastics (e.g. synthetic ropes,

synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products) is

prohibited. The discharge into the sea of cooking oil is also prohibited.

Outside special areas – discharge of the following garbage into the sea outside special

areas shall only be permitted while the ship is en route

and as far as practicable from the

The en route requirement shall not apply to the discharge of food wastes where retention on board presents an

imminent health risk to the people on board.

nearest land, but in any case not less than: (a) 3 nautical miles from the nearest land for food

wastes which have been passed through a comminuter or grinder (12 nautical miles for food

wastes which haven't been treated accordingly); (b) 12 nautical miles from the nearest land

for cargo residues that cannot be recovered using commonly available methods for unloading

(cargo residues shall not contain any substances classified as harmful to the marine

environment); (c) for animal carcasses, discharge shall occur as far from the nearest land as

possible. When garbage is mixed with or contaminated by other substances prohibited from

discharge or having different discharge requirements, the more stringent requirements shall

apply (Reg.4 ).

Within special areas – discharge of the following garbage into the sea within special

areas shall only be permitted while the ship is en route

and as follows: (a) as far as

practicable from the nearest land, but not less than 12 nautical miles from the nearest land or

the nearest ice shelf for food wastes which have been passed through a comminuter or

grinder; food wastes shall not be contaminated by any other garbage type. Discharge of

introduced avian products, including poultry and poultry parts, is not permitted in the

Antarctic area unless it has been treated to be made sterile. (b) for cargo residues that cannot

be recovered using commonly available methods for unloading, when all of the following

conditions are met: (1) cargo residues, cleaning agents or additives, contained in hold washing

water do not include any substances classified as harmful to the marine environment; (2) 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 those ports; (3) no adequate reception

facilities are available at those ports; (4) the discharge of cargo hold washing water containing

residues shall be made as far as practicable from the nearest land or the nearest ice shelf and

not less than 12 nautical miles from the nearest land or the nearest ice shelf (Reg.6).

Exceptions – the rules in Reg. 3, 4 and 5 shall not apply to: (a) the disposal of garbage

from a ship for securing the safety of the ship and those on board, or for saving life at sea; or

(b) the accidental loss of garbage resulting from damage to the ship or its equipment,

provided that all reasonable precautions have been taken before and after the occurrence of

the damage for the purpose of preventing or minimizing the accidental loss; or (c) the

accidental loss of a fishing gear from a ship, provided that all reasonable precautions have

been taken to prevent such loss; (d) the discharge of fishing gear from a ship for the

protection or for the safety of that ship or its crew (Reg.7 ).

Garbage Record Book – every ship of 400t GT and above and every ship which is

certified to carry 15 persons or more shall be provided with a Garbage Record Book whether

as a part of the ship's official log-book or otherwise. Each discharge operation, or completed

incineration, shall be recorded in the Garbage Record Book and sighed by the officer in

charge. Additionally, every ship of 400t GT and above and every ship which is certified to

carry 15 persons or more shall carry a garbage management plan with written procedures

which the crew shall follow. Every ship of 12m or more in length overall shall display

placards which notify the crew and passengers of the disposal requirements set forth in Reg.3

and 5 (Reg.10 ).

The en route requirement shall not apply to the discharge of food wastes where retention on board presents an

imminent health risk to the people on board.

Annex VI of MARPOL 73/78 – Regulations for the Prevention of Air Pollution from

Ships

Application – The provisions of Annex VI shall apply to all ships, except where

expressly provided otherwise (Reg.1). The regulations of this Annex shall not apply to: (a)

any emission necessary for the purpose of securing the safety of a ship or saving life at sea; or

(b) any emission resulting from damage to a ship or its equipment, provided that all

reasonable precautions have been taken after the occurrence of the damage for the purpose of

preventing or minimizing the emission and provided that the owner or the master did not act

with intent to cause damage or recklessly or with knowledge that damage would probably

result (Reg.3).

Surveys – (Reg.5 ) Every ship of 400t GT and above and every fixed and floating

drilling rig and other platforms shall be subject to the following surveys carried out by

officers of the government under whose authority the ship is operating or by surveyors or

organizations recognized by that government: (a) an initial survey before the ship is put into

service or before the International Air Pollution Prevention Certificate is issue for the first

time; (b) a renewal survey at intervals not exceeding five years; (c) an intermediate survey

within three months before or after the date of first and second expiry of the Certificate, which

shall take the place of one of the annual surveys; (d) an annual survey within three months

before or after each expiry of the Certificate; (e) an additional survey either general or partial

after a repair.

International Air Pollution Prevention Certificate – An International Air Pollution

Prevention Certificate shall be issued to: (a) any ship of 400t GT or above engaged in voyages

to ports of offshore terminals under the jurisdiction of another Party; and (b) platforms and

drilling rigs engaged in voyages to waters under the sovereignty of another Party (Reg.6 ). The

Certificate shall be issued for a period not exceeding five years, and this five-year period of

validity may be extended with no more than five months only if the ship, at the time when the

Certificate expires, is not in a port of the flag state. Such extension shall be granted by the

government under whose authority the ship is operating only for the purpose of allowing the

ship to complete its voyage to the flag state and only when it appears proper and reasonable to

do so (Reg.9 ).

Ozone-depleting substances – Any deliberate emissions of ozone-depleting

substances shall be prohibited. Deliberate emissions include emissions that occur in the course

of maintaining, servicing, repairing or disposing of systems or equipment, and it does not

include minimal releases associated with the recapture or recycling of an ozone-depleting

substance. New installations which contain ozone-depleting substances shall be prohibited on

all ships, except that new installations containing hydrochlorofluorocarbons (HCFCs) are

permitted until 1 January 2020 (Reg.12 ).

Nitrogen oxides (NO

) – This regulation shall apply to: (a) each diesel engine with a

power output of more than 130 kW which is installed on a ship constructed on or after 1

January 2000; and (b) each diesel engine with a power output of more than 130 kW which

undergoes a major conversion (e.g. the engine is replaced by a new engine; any substantial

modification; the maximum continuous rating of the engine is increased by more than 10%)

on or after 1 January 2000. This regulation does not apply to: (a) emergency diesel engines,

engines installed in lifeboats and any device or equipment to be used solely for emergency;

(b) engines installed on ships solely engaged in voyages within waters subject to the

sovereignty and jurisdiction of the flag state. The operation of each diesel engine to which this

regulation applies is prohibited, except when the emissions of nitrogen oxides from the engine

is within the following limits: (1) 17.0 g/kWh when n is l ess than 130 rpm (n = rated engine

speed; crankshaft revolutions per minute); (2) 45.0 × n

(-0.2)

g/kWh when n is 130 or more but

less than 2000 rpm; (3) 9.8 g/kWh when n is 2000 rpm or more. Notwithstanding these

provisions, the operation of a diesel engine is permitted when: (1) an exhaust gas cleaning

system, approved by the government, is applied to the engine to reduce onboard NO

emissions at least to the limits specified above; or (2) any other equivalent method, approved

by the government, is applied to reduce onboard NO

emissions at least to the limits specified

above (Reg.13 ).

Sulphur oxides (SO

) – The Sulphur content of any fuel oil used on board ships shall

not exceed 4.5% m/m. While ships are within SO

emission control areas (the Baltic Sea area,

the North Sea area, the North American area, the United States Caribbean Sea), at least one of

the following conditions shall be fulfilled: (a) the sulphur content of fuel oil used on board

ships in a SO

emission control area does not exceed 1.5% m/m; or (b) an exhaust gas

cleaning system is applied to reduce the total emission of sulphur oxides from ships, including

auxiliary and main propulsion engines, to 6.0 g SO

/KWh or less; or (c) any other

technological method is applied that is verifiable and enforceable to limit SO

emissions to a

level equivalent to that described in (b) (Reg.14 ).

Shipboard incineration – Shipboard incineration shall be allowed only in a shipboard

incinerator (Reg.16 ). However, shipboard incineration of sewage sludge and sludge oil

generated during the normal operation of a ship may also take place in the main or auxiliary

power plant or boilers but shall not take place inside ports, harbours, and estuaries. Shipboard

incineration of the following substances shall be prohibited : (a) Annex I, II and III cargo

residues; (b) polychlorinated biphenyls (PCBs); (c) garbage as defined in Annex V ; (d) refined

petroleum products containing halogen compounds; (e) polyvinyl chlorides (PVCs), except in

shipboard incinerators for which IMPO Type Approval Certificates have been issued.

Fuel oil quality – Fuel oil for combustion purposes on board ships shall meet the

following requirements:

- the fuel oil shall be blends of hydrocarbons derived from petroleum refining; the fuel

oil shall be free from inorganic acid; the fuel oil shall not include any added substance or

chemical waste which either: (i) jeopardizes the safety of ships or adversely affects the

performance or the machinery, or (ii) is harmful to personnel, or (iii) contributes overall to

additional air pollution;

- fuel oil for combustion purposes derived by methods other than petroleum refining

shall not: exceed the sulphur content set forth in Reg.14 ; cause an engine to exceed the N O

limits set forth in Reg.13; contain inorganic acid; and results in (i), (ii) or (iii).

This regulation does not apply to coal in its solid form or nuclear fuels (Reg.18 ).

4. Conclusion

As evident, MARPOL is an all-embracing legislation aimed against environmental

pollution from ships, and it is the first and only one of its kind. Its integrated structure covers

all types of pollution that can occur as a result of both accidental and operational causes.

Shipowners are advised to be familiar with MARPOL 's technical requirements and

specifications because port authorities throughout the world (most notably those in the USA,

Germany, and France) are taking an increasingly stringent policy towards ships that are

suspected of infringing the regulations of MARPOL, which can result in substantial fines.

... Natural gas is not only offering economic benefits but also contribute a massive solution for environment conservation such as controlling emission NOx, SOx, CO, and HC [2]. Using natural gas as a fuel also becomes one of the solutions to comply with TIER III Annex VI MARPOL 73/78 that will be enforced globally soon [3]. This solution much better than other methods in controlling emission NOx that uses certain chemical agents such as ammonia, urea, or hydrocarbon type agents, it is known as a Selective Catalytic Converter (SCR) [4] that the processes are always accompanied with other types of pollutant [5]. ...

... Due to good developments of marine diesel engine technology that supported well by the inventions of any methods and products to control emissions then the MEPC regularly fit the regulation updated with the technological achievements. Tier I was ratified based on the 1997 Protocol then it was improved as Tier II that globally come into force in 2011 and finally Tier III comes into force in 2016 for a specific area called NOx Emission Control Area (ECA) [10]. Typically, natural gas in the form of liquid natural gas (LNG) or compressed natural gas (CNG) is contains a big portion of methane gas. ...

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