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The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, or "MARPOL 73/78" is one of the most important international marine environmental conventions. MARPOL 73/78, MARPOL is an amalgamation of the words "marine and pollution" in multiple languages and a short way to refer to the purpose of the convention. and 73/78 short for the years 1973 and 1978) It was developed by the
MARPOL Annex V (''Regulations for the Prevention of Pollution by Garbage from Ships'') came into force on 31 December 1988. It specifies the distances from land in which materials may be disposed of and subdivides different types of garbage and marine debris. The requirements are much stricter in a number of "special areas" but perhaps the most prominent part of the Annex is the complete ban of dumping plastic into the ocean.
International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78)
Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships
Treaty available in ECOLEX-the gateway to environmental law (English)
IMO Overview of Emission Control Areas
{{DEFAULTSORT:Marpol 73 78 Environmental treaties Water pollution Environmental impact of shipping Ocean pollution International Maritime Organization treaties Treaties concluded in 1973 Treaties concluded in 1978 Treaties entered into force in 1983 Admiralty law treaties 1983 in the environment 1978 in London Treaties of Albania Treaties of Algeria Treaties of Angola Treaties of Antigua and Barbuda Treaties of Argentina Treaties of Australia Treaties of Austria Treaties of Azerbaijan Treaties of the Bahamas Treaties of Bahrain Treaties of Bangladesh Treaties of Barbados Treaties of Belarus Treaties of Belgium Treaties of Belize Treaties of the People's Republic of Benin Treaties of Bolivia Treaties of Brunei Treaties of Brazil Treaties of the People's Republic of Bulgaria Treaties of Cambodia Treaties of Cameroon Treaties of Canada Treaties of Cape Verde Treaties of Chile Treaties of the People's Republic of China Treaties of Colombia Treaties of the Comoros Treaties of the Republic of the Congo Treaties of the Cook Islands Treaties of Ivory Coast Treaties of Croatia Treaties of Cuba Treaties of Cyprus Treaties of Czechoslovakia Treaties of the Czech Republic Treaties of North Korea Treaties of Denmark Treaties of Djibouti Treaties of Dominica Treaties of the Dominican Republic Treaties of Ecuador Treaties of Egypt Treaties of El Salvador Treaties of Equatorial Guinea Treaties of Estonia Treaties of Fiji Treaties of Finland Treaties of France Treaties of Gabon Treaties of the Gambia Treaties of Georgia (country) Treaties of West Germany Treaties of East Germany Treaties of Ghana Treaties of Greece Treaties of Guatemala Treaties of Guinea Treaties of Guyana Treaties of Honduras Treaties of the Hungarian People's Republic Treaties of Iceland Treaties of India Treaties of Indonesia Treaties of Iran Treaties of Ireland Treaties of Israel Treaties of Italy Treaties of Jamaica Treaties of Japan Treaties of Jordan Treaties of Kazakhstan Treaties of Kenya Treaties of Kiribati Treaties of Kuwait Treaties of Latvia Treaties of Lebanon Treaties of Lithuania Treaties of Luxembourg Treaties of Madagascar Treaties of Malawi Treaties of Malaysia Treaties of the Maldives Treaties of Malta Treaties of the Marshall Islands Treaties of Mauritania Treaties of Mauritius Treaties of Mexico Treaties of Moldova Treaties of Monaco Treaties of Mongolia Treaties of Montenegro Treaties of Morocco Treaties of Mozambique Treaties of Myanmar Treaties of Namibia Treaties of the Netherlands Treaties of New Zealand Treaties of Nicaragua Treaties of Nigeria Treaties of Niue Treaties of Norway Treaties of Oman Treaties of Pakistan Treaties of Palau Treaties of Panama Treaties of Papua New Guinea Treaties of Peru Treaties of the Philippines Treaties of the Polish People's Republic Treaties of Portugal Treaties of Qatar Treaties of Romania Treaties of the Soviet Union Treaties of Saint Kitts and Nevis Treaties of Saint Lucia Treaties of Saint Vincent and the Grenadines Treaties of Samoa Treaties of São Tomé and Príncipe Treaties of Saudi Arabia Treaties of Senegal Treaties of Serbia and Montenegro Treaties of Seychelles Treaties of Singapore Treaties of Sierra Leone Treaties of Slovakia Treaties of the Solomon Islands Treaties of South Africa Treaties of Spain Treaties of Sri Lanka Treaties of Suriname Treaties of Sweden Treaties of Switzerland Treaties of Syria Treaties of Thailand Treaties of Togo Treaties of Tonga Treaties of Trinidad and Tobago Treaties of Tunisia Treaties of Turkey Treaties of Turkmenistan Treaties of Tuvalu Treaties of Ukraine Treaties of the United Arab Emirates Treaties of the United Kingdom Treaties of Tanzania Treaties of the United States Treaties of Uruguay Treaties of Vanuatu Treaties of Venezuela Treaties of Vietnam Treaties of Yugoslavia Treaties of the Libyan Arab Jamahiriya 1973 in London Treaties extended to Greenland Treaties extended to the Faroe Islands Treaties extended to the Netherlands Antilles Treaties extended to Aruba Treaties extended to the Isle of Man Treaties extended to Jersey Treaties extended to the Cayman Islands Treaties extended to Bermuda Treaties extended to Gibraltar Treaties extended to the Falkland Islands Treaties extended to the British Virgin Islands Treaties extended to British Hong Kong Treaties extended to Portuguese Macau
International Maritime Organization
The International Maritime Organization (IMO, French: ''Organisation maritime internationale'') is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference ...
with an objective to minimize pollution of the oceans and seas, including dumping, oil and air pollution.
The original MARPOL was signed on 17 February 1973, but did not come into force at the signing date. The current convention is a combination of 1973 Convention and the 1978 Protocol, which entered into force on 2 October 1983. As of January 2018, 156 states are parties to the convention, being flag state
The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed, and is deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one jurisdiction, but ma ...
s of 99.42% of the world's shipping tonnage.
All ships flagged under countries that are signatories to MARPOL are subject to its requirements, regardless of where they sail, and member nations are responsible for vessels registered on their national ship registry.
Provisions
MARPOL is divided into Annexes according to various categories of pollutants, each of which deals with the regulation of a particular group of ship emissions.Annex I
MARPOL Annex I came into force on 2 October 1983 and deals with the discharge of oil into the ocean environment. It incorporates the oil discharge criteria prescribed in the 1969 amendments to the 1954International Convention for the Prevention of Pollution of the Sea by Oil The International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL) was an International Treaty signed in London on 12 May 1954 (OILPOL 54). It was updated in 1962 (OILPOL 62), 1969 (OILPOL 69), and 1971 (OILPOL 71). OILPOL was ...
(OILPOL). It specifies tanker design features that are intended to minimize oil discharge into the ocean during ship operations and in case of accidents. It provides regulations with regard to the treatment of engine room bilge water ( OWS) for all large commercial vessels and ballast and tank cleaning waste ( ODME). It also introduces the concept of "special sea areas (PPSE)", which are considered to be at risk to pollution by oil. Discharge of oil within them has been completely outlawed, with a few minimal exceptions.
The first half of MARPOL Annex I deals with engine room waste. There are various generations of technologies and equipment that have been developed to prevent waste such as oily water separators
An oil is any nonpolar chemical substance that is composed primarily of hydrocarbons and is hydrophobic (does not mix with water) & lipophilic (mixes with other oils). Oils are usually flammable and surface active. Most oils are unsaturated ...
(OWS), oil content meter
An oil content meter (OCM) is an integral part of all oily water separator (OWS) systems. Oil content meters are also sometimes referred to as oil content monitors, bilge alarms, or bilge monitors.
OCM technology
The OCM continuously monitors ...
s (OCM), and port reception facilities.
The second part of the MARPOL Annex I has more to do with cleaning the cargo areas and tanks. Oil discharge monitoring equipment (ODME) is a very important technology mentioned in MARPOL Annex I that has greatly helped improve sanitation in these areas.
The oil record book is another integral part of MARPOL Annex I, helping crew members log and keep track of oily wastewater discharges, among other things.
Annex II
MARPOL Annex II came into force on 6 April 1987. It details the discharge criteria for the elimination of pollution by noxious liquid substances carried in large quantities. It divides substances into and introduces detailed operational standards and measures. The discharge of pollutants is allowed only to reception facilities with certain concentrations and tions. No matter what, no discharge of residues containing pollutants is permitted within of the nearest land. Stricter restrictions apply to "special areas". Annex II covers the International Bulk Chemical Code (IBC Code) in conjunction with Chapter 7 of theSOLAS Convention
The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime treaty that sets minimum safety standards in the construction, equipment and operation of merchant ships. The International Maritime Organization c ...
. Previously, chemical tankers constructed before must comply with the requirements of the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code).
Annex III
MARPOL Annex III came into force on 1 July 1992. It contains general requirements for the standards on packing, marking, labeling, documentation, stowage, quantity subtraction, division and notifications for preventing pollution by harmful substances. The Annex is in line with the procedures detailed in the International Maritime Dangerous Goods (IMDG) Code, which has been expanded to include marine pollutants. The amendments entered into force on 1 January 1991.Annex IV
Marpol Annex IV came into force on 27 September 2003. It introduces requirements to control pollution of the sea by sewage from ships.Annex V
MARPOL Annex V (''Regulations for the Prevention of Pollution by Garbage from Ships'') came into force on 31 December 1988. It specifies the distances from land in which materials may be disposed of and subdivides different types of garbage and marine debris. The requirements are much stricter in a number of "special areas" but perhaps the most prominent part of the Annex is the complete ban of dumping plastic into the ocean.
Annex VI
MARPOL Annex VI came into force on 19 May 2005. It introduces requirements to regulate the air pollution being emitted by ships, including the emission of ozone-depleting substances, Nitrogen Oxides (NOx), Sulfur Oxides (SOx), Volatile Organic Compounds (VOCs) and shipboard incineration. It also establishes requirements for reception facilities for wastes from exhaust gas cleaning systems, incinerators, fuel oil quality, off-shore platforms and drilling rigs, and the establishment of Sulfur Emission Control Areas (SECAs).IMO 2020
As of 1 January 2020, new emission standards are enforced for fuel oil used by ships, in a regulation known as IMO 2020. The global sulphur limit (outside SECA's) dropped from an allowed 3.5% sulphur in marine fuels to 0.5%. This will significantly improve the air quality in many populated coastal and port areas, which will prevent over 100,000 early deaths each year, and many more cases of asthma in these regions and cities. Over 170 countries have signed on to the changes, including theUnited States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
. This is expected to create massive changes for the shipping and oil industries, with major updates required to ships and the increased production of lower sulfur fuel.
Bunker fuels used within an emission control zone (i.e. North Sea) must have a sulphur content level of less than 0.1% (1000ppm).
The IMO has worked on ensuring consistent implementation of the 0.5% sulphur limit in its Marine Environmental Protection Committee (MEPC) and its subcommittee on Pollution Prevention and Response (PPR). This has led to the development on several regulatory and practical measures (FONAR's, Carriage Ban, Ship Implementation Plan etc.) to enable any non-compliance to be detected, for example during port State controls (PSC's).
Amendments
MARPOL Annex VI amendments according with MEPC 176(58) came into force 1 July 2010. Amended Regulations 12 concerns control and record keeping of Ozone Depleting Substances. Amended Regulation 14 concerns mandatory fuel oil change over procedures for vessels entering or leaving SECA areas and FO sulphur limits. MARPOL Annex V has been amended multiple times, changing different aspects of the original text. MEPC.219(63) came into force on 2 March 2012 to generally prohibit the discharge of any garbage into the ocean, with the exception of food wastes, cargo residues, wash-water, and animal carcasses. There are further provisions describing when and how to dispose of the acceptable wastes. MEPC.220(63) came into force on 2 March 2012 to encourage the creation of a waste management plan on-board vessels.Implementation and enforcement
In order for IMO standards to be binding, they must first be ratified by a total number of member countries whose combinedgross tonnage
Gross tonnage (GT, G.T. or gt) is a nonlinear measure of a ship's overall internal volume. Gross tonnage is different from gross register tonnage. Neither gross tonnage nor gross register tonnage should be confused with measures of mass or weig ...
represents at least 50% of the world's gross tonnage, a process that can be lengthy. A system of tacit acceptance has therefore been put into place, whereby if no objections are heard from a member state after a certain period has elapsed, it is assumed they have assented to the treaty.
All six Annexes have been ratified by the requisite number of nations; the most recent is Annex VI, which took effect in May 2005. The country where a ship is registered (Flag State
The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed, and is deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one jurisdiction, but ma ...
) is responsible for certifying the ship's compliance with MARPOL's pollution prevention standards. Each signatory nation is responsible for enacting domestic laws to implement the convention and effectively pledges to comply with the convention, annexes, and related laws of other nations. In the United States, for example, the relevant implementation legislation is the Act to Prevent Pollution from Ships.
One of the difficulties in implementing MARPOL arises from the very international nature of maritime shipping. The country that the ship visits can conduct its own examination to verify a ship's compliance with international standard
international standard is a technical standard developed by one or more international standards organization, standards organizations. International standards are available for consideration and use worldwide. The most prominent such organization ...
s and can detain the ship if it finds significant noncompliance. When incidents occur outside such country's jurisdiction or jurisdiction cannot be determined, the country refers cases to flag states, in accordance with MARPOL. A 2000 US GAO report documented that even when referrals have been made, the response rate from flag states has been poor.
On January 1, 2015, maritime shipping levels became legally subject to new MARPOL directives because the SECA (Sulphur Emission Controlled Areas) zone increased in size. This larger SECA zone will include the North Sea, Scandinavia, and parts of the English Channel. This area is set to include all of the Republic of Ireland's international waters in 2020 culminating in all of Western Europe's subjection to the MARPOL directive. This has proven controversial for shipping and ferry operators across Europe.
Concerns have been raised about the environmental damage moving back to the roads by some of the larger ferry operators that ship substantial amounts of freight and passenger traffic via these routes affected by IMO standards. They claim that MARPOL will drive up ferry costs for the consumer and freight forwarding companies pushing them back onto the European roadways as a financially more cost effective measure compared to increased ferry costs, thereby defeating the object of reducing water pollution.
Enforcement of MARPOL Annex VI
Concerns have also been raised whether the emission regulation in MARPOL Annex VI, such as the 0.5% global sulphur limit, can be enforced on international waters by non-flag States, as some ships sail under a flag of convenience. It is believed that the United Nations Convention on the Law Of the Sea ( UNCLOS) allows port States to assert jurisdiction over such violations of emission regulation (also of future regulations of GHG) when they occur on the high seas. Coastal States can assert jurisdiction over violations occurring within their waters, with certain exceptions pertaining to innocent passage and the right of transit passage. The special obligations for flag States and the broadened jurisdictions for coastal and port States, to enforce MARPOL (including Annex VI) are found within the special provisions of part XII of UNCLOS.Jesper Jarl Fanø (2019). Enforcing International Maritime Legislation on Air Pollution through UNCLOS. Hart Publishing.See also
* Crude oil washing *International Maritime Organization
The International Maritime Organization (IMO, French: ''Organisation maritime internationale'') is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference ...
* Marine energy management
* Marine fuel management
* Merchant Shipping (Pollution) Act 2006
* Ship pollution
* Oil Pollution Act van 1990
* MARPOL Annex I
* Oily water separator (marine)
* Oil content meter
An oil content meter (OCM) is an integral part of all oily water separator (OWS) systems. Oil content meters are also sometimes referred to as oil content monitors, bilge alarms, or bilge monitors.
OCM technology
The OCM continuously monitors ...
* Port Reception Facilities
References
External links
International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78)
Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships
Treaty available in ECOLEX-the gateway to environmental law (English)
IMO Overview of Emission Control Areas
{{DEFAULTSORT:Marpol 73 78 Environmental treaties Water pollution Environmental impact of shipping Ocean pollution International Maritime Organization treaties Treaties concluded in 1973 Treaties concluded in 1978 Treaties entered into force in 1983 Admiralty law treaties 1983 in the environment 1978 in London Treaties of Albania Treaties of Algeria Treaties of Angola Treaties of Antigua and Barbuda Treaties of Argentina Treaties of Australia Treaties of Austria Treaties of Azerbaijan Treaties of the Bahamas Treaties of Bahrain Treaties of Bangladesh Treaties of Barbados Treaties of Belarus Treaties of Belgium Treaties of Belize Treaties of the People's Republic of Benin Treaties of Bolivia Treaties of Brunei Treaties of Brazil Treaties of the People's Republic of Bulgaria Treaties of Cambodia Treaties of Cameroon Treaties of Canada Treaties of Cape Verde Treaties of Chile Treaties of the People's Republic of China Treaties of Colombia Treaties of the Comoros Treaties of the Republic of the Congo Treaties of the Cook Islands Treaties of Ivory Coast Treaties of Croatia Treaties of Cuba Treaties of Cyprus Treaties of Czechoslovakia Treaties of the Czech Republic Treaties of North Korea Treaties of Denmark Treaties of Djibouti Treaties of Dominica Treaties of the Dominican Republic Treaties of Ecuador Treaties of Egypt Treaties of El Salvador Treaties of Equatorial Guinea Treaties of Estonia Treaties of Fiji Treaties of Finland Treaties of France Treaties of Gabon Treaties of the Gambia Treaties of Georgia (country) Treaties of West Germany Treaties of East Germany Treaties of Ghana Treaties of Greece Treaties of Guatemala Treaties of Guinea Treaties of Guyana Treaties of Honduras Treaties of the Hungarian People's Republic Treaties of Iceland Treaties of India Treaties of Indonesia Treaties of Iran Treaties of Ireland Treaties of Israel Treaties of Italy Treaties of Jamaica Treaties of Japan Treaties of Jordan Treaties of Kazakhstan Treaties of Kenya Treaties of Kiribati Treaties of Kuwait Treaties of Latvia Treaties of Lebanon Treaties of Lithuania Treaties of Luxembourg Treaties of Madagascar Treaties of Malawi Treaties of Malaysia Treaties of the Maldives Treaties of Malta Treaties of the Marshall Islands Treaties of Mauritania Treaties of Mauritius Treaties of Mexico Treaties of Moldova Treaties of Monaco Treaties of Mongolia Treaties of Montenegro Treaties of Morocco Treaties of Mozambique Treaties of Myanmar Treaties of Namibia Treaties of the Netherlands Treaties of New Zealand Treaties of Nicaragua Treaties of Nigeria Treaties of Niue Treaties of Norway Treaties of Oman Treaties of Pakistan Treaties of Palau Treaties of Panama Treaties of Papua New Guinea Treaties of Peru Treaties of the Philippines Treaties of the Polish People's Republic Treaties of Portugal Treaties of Qatar Treaties of Romania Treaties of the Soviet Union Treaties of Saint Kitts and Nevis Treaties of Saint Lucia Treaties of Saint Vincent and the Grenadines Treaties of Samoa Treaties of São Tomé and Príncipe Treaties of Saudi Arabia Treaties of Senegal Treaties of Serbia and Montenegro Treaties of Seychelles Treaties of Singapore Treaties of Sierra Leone Treaties of Slovakia Treaties of the Solomon Islands Treaties of South Africa Treaties of Spain Treaties of Sri Lanka Treaties of Suriname Treaties of Sweden Treaties of Switzerland Treaties of Syria Treaties of Thailand Treaties of Togo Treaties of Tonga Treaties of Trinidad and Tobago Treaties of Tunisia Treaties of Turkey Treaties of Turkmenistan Treaties of Tuvalu Treaties of Ukraine Treaties of the United Arab Emirates Treaties of the United Kingdom Treaties of Tanzania Treaties of the United States Treaties of Uruguay Treaties of Vanuatu Treaties of Venezuela Treaties of Vietnam Treaties of Yugoslavia Treaties of the Libyan Arab Jamahiriya 1973 in London Treaties extended to Greenland Treaties extended to the Faroe Islands Treaties extended to the Netherlands Antilles Treaties extended to Aruba Treaties extended to the Isle of Man Treaties extended to Jersey Treaties extended to the Cayman Islands Treaties extended to Bermuda Treaties extended to Gibraltar Treaties extended to the Falkland Islands Treaties extended to the British Virgin Islands Treaties extended to British Hong Kong Treaties extended to Portuguese Macau