Marine Pollution (MARPOL)

Current Marine Legislation
(Anti-Pollution)
 
The maritime industry is experiencing a sustained period of rapid change. Greater quantities of potentially dangerous or polluting materials are being carried by ever more specialised vessels in increasingly congested shipping lanes. International pressure is now being applied on the standards of operation, the quality of crews and their vessels.
 
Through the IMO, owners, operators, and seafarers' unions have worked together to frame new legislation and operating standards contained in conventions such as ISM and STCW. To ensure effective policing, new powers and responsibilities have been given to Port States, Flag States and Labour Supply States. A staged schedule of implementation is under way, culminating in the 2002 deadline for compliance with the new Standards for Training, Certification and Watch-keeping (STCW) Code.
 
Many vessels, currently free to trade globally, will be confined to trade between ports of States outside the Convention. Unscrupulous owners and sub-standard operators will have to cease operations. The key to enforcement is Flag State Control. The International Safety Management (ISM) and Marine Pollution (MARPOL) Codes came into force under the tacit acceptance procedure on 1 July 1998. It applies to ships, regardless of the date of construction, as follows:
 
Passenger ships, including passenger high-speed craft, oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high-speed craft of 500 gross tonnage and above.
 
It will apply to other cargo ships and mobile offshore drilling units of 500 gross tonnage and above not later than 1 July 2002.
 
The ISM Code is intended to improve the safety of international shipping and to reduce pollution from ships.
 
It will have a major impact on the way shipping companies are managed and operated - and it is mandatory.
 
Although ships are responsible for less than 20% of all garbage discharged at sea, the International Maritime Organisation has introduced changes to Annex V of MARPOL 73/78. With effect from the 1st July 1997 for new ships and from 1st July 1998 for all other vessels, this compels ships over 400 tons and above and all vessels certified to carry 15 persons or more to implement a planned garbage management system and maintain a Garbage Record Book.
 
Annex V designates what waste can and cannot be dumped at sea.It also introduces specific restrictions in certain areas of the world's oceans, like the Antarctic, where the marine life is endangered. The MARPOL convention has the full force of international law to support it.
 
"All Tanker Owners and Operators are required by International Marine Organisation (IMO) Regulations, to attest that they have a certifiable, full waste, contaminated water and SLOPS receiving facility within their operational activity area."
 
Operators failing to meet STCW and ISM conventions will soon incur considerable extra costs, delays and penalties. Preparation for conformity is now a priority for all owners, operators and suppliers of labour.
 
CEP and TDR processes provide an affordable means (even for emerging country economies) to conform to IMO - MARPOL legislation by 2002.