MARPOL 73/78

The International Convention for the Prevention of Pollution from Ships ( en. International Convention for the Prevention of Marine Pollution from Ships, also MARPOL 73/ 78 (of marine pollution) ) is valid worldwide. The functions of the Secretariat shall be the International Maritime Organization ( IMO) true. The Marine Environment Protection Committee (MEPC ) of the IMO acts as the Conference of the Parties, the modifications and additions to the contract work may decide. Together with the Safety of Life at Sea ( SOLAS) Convention of 1974, the MARPOL Convention is the legal basis for environmental protection in shipping and thus the basis of the global efforts to minimize pollution of the marine environment.

The text of the Convention or the protocol itself defines only the general framework. The practically relevant determinations are made in plants. The investments must be ratified separately Up to Annexes I and II, that is, their rules only apply to those States Parties that have explicitly consented to the international bond.

Formation

1954 was closed to limit the oil pollution of coastal OILPOL the Agreement. It aimed mainly from oil tankers and forbade the then usual overboard pump of the washing water tanks closer than 50 nautical miles from the coast. In 1962, the prohibition zones were expanded and in 1969 required the Load - on-top method, which provided for the separation of the wash water during the blank drive in slop tanks and when reloading the pumping back of the oil floated in the cargo tanks. In 1971 a further supplementary agreement was signed, which limited the size of individual tanks. Meanwhile, the disaster of the Torrey Canyon in 1967 paved the way for a broader agreement, which is no longer limited to oil pollution. 1973 closed the MARPOL Convention within the framework of IMO, which in 1978 was supplemented by the Additional Protocol to MARPOL 78 before entry into force. Nowadays the treaty in the literature therefore often referred to as " MARPOL 73/78 ". His Appendix I wrote OILPOL continued and expanded it considerably again, the Annexes II to VI made ​​it a treaty to combat all kinds of marine pollution. On 2 October 1983, the Treaty entered into force.

An estimated 600,000 tons of oil are still annually by the normal ship operation, discharged into the sea as a result of accidents and illegal discharges. 250,000 tonnes of which are oil - water mixtures and fuel residues ( sludge ) from the ship's machinery.

Content

The International Convention for the Prevention of Pollution from Ships, as modified by the Protocol of 1978 with a global scope has been completed on November 2, 1973. The Convention itself contains only a twenty articles Principles on the obligation of signatory states to prevent the ship operational discharges of polluting substances.

Details are set out in two minutes and six large attachments. Protocol I relates to the process within the meaning of Article 8 of the Convention, must be after the events in which pollutants have fallen into the sea, reported; Protocol II executes the mentioned in Article 10 arbitration for disputes between the Parties. Only in the six plants of the pollutants that are only generally defined in the Convention itself, referred to in more detail.

After the plants, the crew is, inter alia, committed the whereabouts of oil residues from machinery space and cargo tanks an oil record book (Appendix I), the whereabouts of charged chemicals in liquid form, a cargo record book (Appendix II) and the whereabouts of ship waste a garbage record book to lead (Appendix V). ( For details, follows in Section 4)

The text of the Convention or the protocol itself defines only the general framework. The practically relevant determinations are made in plants. The investments must be ratified separately Up to Annexes I and II, that is, their rules only apply to those States Parties that have explicitly consented to the international bond. In addition to oily residues and other harmful substances and wastes are discharged into the sea, which meant that the MARPOL - Convention further plants have been added.

Annexes I, II and V allow the expulsion of so-called special areas (special areas), where stricter safety regulations apply to discharges of oil and chemicals as well as for the secretion of garbage. The special areas are designated by the MEPC by contract amendment. In Marpol Annex V, Rule 5.1, the special areas are designated precisely: as special areas are the Mediterranean Sea, the area of the Baltic Sea, the North Sea area, the area of the Black Sea, the area of the Red Sea, the Gulfs area, the area shall the Antarctic ( south of 60 ° South ) and the Caribbean region, including the Gulf of Mexico and the Caribbean Sea ( of Feb. 2003). Letters ah rule 5 ( 1) of Annex V then defines the scope of the special areas by specifying the exact geographic coordinates and / or landmarks accurately.

Enforcement

• Treaty in force
• Not signed contract

Basically, the MARPOL rules are enforced by flag states, that is, compliance is monitored on ships that may never have a port of their flag state start ( because the flag is performed according to the ship's certificate says nothing about nationality of ownership and the shipping line or on the travel routes of the ship generally off).

Although this practice follows centuries-old maritime law principles, it raises enormous problems because not all states can provide a really efficient review of the applicable standards (or want - so-called flags of convenience or " open registers "). In response, the principle of port state control has emerged. According to these regulations authorities of a State whose port has started a ship ( voluntarily! ), control, inter alia, compliance with certain MARPOL rules and possible deficits - according to a complex system - sanction. This mechanism has also reflected in the Convention ( UNCLOS ), the United Nations reflected found (in particular Article 211, paragraph 3). Violations of MARPOL Introduction prohibitions may be penalized by port States, even if they were ( beyond 200 nautical miles from land ) committed on the high seas.

A ship, the flag State of MARPOL has not ratified, can affect these non- ratification not invoke: MARPOL has - at least in the Appendices I and II terms - as part of the " internationally recognized rules and standards " within the meaning of UNCLOS (Article 211 paragraph 5 of ) universal validity, that is, it must be respected by all ships in the entire world.

Facilities

The systems so far six adopted govern the following areas:

Appendix I

Regulations for the Prevention of Pollution by Oil

It consists of three chapters and three appendices.

Chap. 1 General:

It contains rules on definitions, application, survey and inspection, issuing of certificates.

Chap. 2 provisions of the prevention of pollution by the ship operation:

Contains rules for Control of discharge of oil into the sea and the establishment of special areas, equipment for reception facilities of oily residues in ports, equipment and operation of tanker with separate oil and ballast water tanks, monitoring and control devices for the prevention of oil pollution.

Chap. 3 rules for the reduction of pollution caused by oil tankers due to damage to the ship's sides and the ship's bottom to a minimum:

It contains rules on the construction of oil tankers, for example, two- hull tankers

Attachments:

List of oils, International Certificate of Oil Pollution Prevention, pattern of oil record book

Appendix I - new

In the 52nd meeting it MEPC from 11 to 15 October 2004, a revised version of Appendix I and II was presented and adopted. It is expected that the "new plants " come into force on 1 January 2007.

In the new system I all changes and revisions have been incorporated, since the entry into force of MARPOL - Convention were adopted in 1983. Likewise, the rules were 13 G ( Rule 20 new) and 13 H ( Rule 21 new) already included in the new work, the phase-out of single hull tankers regulates.

New rules have been added. There are, for example, rules that require a raised floor for the pump room for tankers ( Rule 22 new), and rules for structural measures to protect the cargo tank of tankers in strandings or collisions ( Rule 23 new)

The revision of Annex I promises a more user-friendly, simpler system to be. In addition, orphaned regulations (elapsed transition periods ) have been removed.

In the early days is a so-called "cross -reference list" this help, " old" and being able to distinguish "new" rules between.

Appendix II

Pollution by noxious liquid substances carried in bulk ( chemicals in tankers ). ( pollution from noxious liquid substances in bulk)

Appendix II - new

Like the Annex I of MARPOL Appendix II shall be amended as of January 1, 2007. The list of permitted substances in sea transport has been revised: Some substances for which there is insufficient Ökotoxdaten, may no longer be transported from 1 January 2007.

The classification of liquid bulk cargo the previous four pollution groups (A, B, C and D) and three types of vessel was fundamentally revised. After that, the products will be classified only in three discharge criteria X, Y and Z in the future. Animal and vegetable oils and petroleum waxes may be generally carried only in double hull tankers. Paraffins, which are often led in the past by tank washings to contamination on the beaches will fall under the new rules for the classification of liquid bulk cargoes under the Annex II to MARPOL.

Appendix III

Pollutants carried in packaged form, eg dangerous goods in containers. ( harmful substances in packaged form by sea Carried ) This applies to all vessels for the carriage, noxious liquid substances approved as bulk. ( Chemical tanker )

Appendix IV

In special areas, the wastewater must not cause a discoloration in the water or include float. Mechanically treated and disinfected wastewater may be passed from 3 nautical miles from the coast into the water, sm untreated water only from 12. The application is available for vessels that are larger GT 400 or GT less than 400 but more than 15 persons are located on board. (?)

Annex V

Prevention of pollution by garbage from ships. The disposal of any plastic items such as plastic ash, synthetic ropes, garbage bags, into the sea is prohibited and shall be made only on land. The disposal of buoyant packaging and storage materials that are not made ​​of plastic, as well as dunnage is allowed from a distance of at least 25 nautical miles from the coast. From 12 nautical food waste, garbage, and the rest, such as paper, rags, glass, metal and similar waste may be discharged into the lake.

In special areas such as Baltic and North Sea, the Mediterranean and the Caribbean, the disposal of all ship-generated waste is prohibited in the sea. Except for untreated food waste, they must be led from 12sm in the sea.

Annex VI

Air Pollution from Ships ( adopted in principle in 1997, in force since 19 May 2005). This system has some fundamental innovations introduced because it is not primarily for the protection of water, but the air. In addition, should be taken into account in applying the impact on the terrestrial area. Annex VI contains, inter alia, special rules for so-called " SOx emission control areas" ( SECA ). Currently, inter alia, the Baltic Sea is (since May 2006), the North Sea and the English Channel ( since November 2007), such a reserve, in the stricter limits or ships with a special filter system are the sulfur content of ship fuel must be equipped to to reduce the sulfur content of the exhaust gases.

The new Annex VI also includes significant gaps to the existing facilities of the MARPOL Convention. This includes, among other things, a quality control of the fuel, as well as the requirement to use a suitable incineration plant for non-recyclable oil residues ( sludge ) and waste with a. (: - VOC volatile organic compounds English name ), in particular in the operation of tankers further includes the investment rules for the handling of ozone-depleting compounds from air conditioning, cooling and fire extinguishing systems, and volatile hydrocarbons.

With the expansion of Annex VI to a fourth chapter in 2011, the energy efficiency is to be increased on ships in order to reduce emissions of greenhouse gases. The new chapter is expected to enter into force on 1 January 2013. Is controversial so far, to what extent limits for greenhouse gas emissions may be elaborated by ships on the basis of this system. In this regard, no consensus has yet emerged in the IMO.