MARPOL 73/78, THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS

By: CN OM LT Manuel J. Moreno Chávez. Executive Engineer in Public Relations and Senior Expert in Maritime Legislation

1. IMO AND THE PRESERVATION OF THE MARINE ENVIRONMENT.
In the overall context of sustainable development, shipping is a positive driving force, contributing significantly to world trade and prosperity, with relatively little negative environmental impact on a global scale.

Maritime transport accounts for 90% of world trade and is the least environmentally damaging form of transport. For example, the large quantity of grain for the daily world production of bread could not be transported by any other means than by ship. On the other hand, compared to the land sector, shipping is generally the least significant contributor to marine pollution caused by human activities.

IMO's original mandate was primarily concerned with maritime safety. However, as the depositary of the 1954 OILPOL Convention, soon after it became operational in 1959, IMO assumed responsibility for dealing with pollution problems.  Subsequently, over many years, adopted a wide range of measures to prevent and contain pollution from ships and to mitigate the effects of any damage that may be caused as a result of maritime operations and accidents.

These measures have been effective in reducing pollution from ships and illustrate the commitment of the Organization and the shipping industry to environmental protection. Of the 51 conventional instruments adopted by the IMO, 21 are directly related to the environment, and even 23, if one considers the environmental aspects of the conventions on maritime salvage and wreck removal.

The Marine Environment Protection Committee (MEPC) is IMO's highest technical body on marine pollution issues, and carries out its work with the assistance of various IMO subcommittees.

2. THE ORIGINS OF THE MARPOL CONVENTION.
Along with the beginning of the 20th century, the expansion of industrialization, the appearance of the automobile, and the world wars, promoted a great demand for hydrocarbons, causing a growth in world maritime traffic, coupled with the construction of large tankers.

In order to satisfy the energy demand, in the middle of the century the massive exploitation of the oil fields of the Middle East and the Persian Gulf countries began. These developments had a direct influence on the size and quantity of tankers, reaching 100,000 deadweight tons by the end of the 1950s.

In 1967, during the "6-Day War", the passage through the Suez Canal remained closed, which meant that the route between Europe and Asia had to be via the Cape of Good Hope, extending the 15-day voyage through the Suez Canal to 30 days via the Horn of Africa.

One of the consequences was that tankers increased their cargo capacity from 100,000 to 200,000 tons in a few years, which would imply a serious danger of marine pollution. On March 18, 1967, while the 120,000 dwt Liberian supertanker Torrey Canyon was on its way to the English port of Milford Haven, it ran aground on the Seven Stone Reef (Scilly Islands), located southwest of the Cornwall Islands in England. The violent impact tore open six of its tanks, causing the spill of 120,000 tons of crude oil into the marine environment, generating a large oil slick that reached the coast of Cornwall, the Isle of Guernsey and the coasts of France. The oil slick was 70 km long by 40 km wide and caused the death of more than 20,000 seabirds.

The ecological tragedy increased due to the methods used in the clean-up operations. Lack of knowledge and experience led to excessive use of detergents in the clean-up operations, affecting the marine environment. After analyzing the dimensions of this disaster, the competent authorities decided to bomb the oil slick until it was incinerated.

3. THE MARPOL 73/78 CONVENTION.
The International Conference on Marine Pollution, 1973, convened by the International Maritime Organization (IMO), and held in London, United Kingdom, from October 8 to November 2, 1973, adopted the International Convention for the Prevention of Pollution from Ships, 1973. The same Conference also adopted Protocol I - Arrangements for the formulation of reports of incidents involving harmful substances and Protocol II - Arbitration.

Taking into consideration that MARPOL 1973 had not yet entered into force, the 1978 Protocol document was incorporated into the original Convention. This updated instrument, adopted in February 1978, entered into force in October 1983, being recognized as MARPOL 73/78.

MARPOL 73/78 has contributed greatly to the significant reduction of pollution from international shipping and its rules govern 99% of the tonnage of the world's merchant fleet.

As with other IMO instruments, MARPOL 73/78 has been amended several times in order to keep it up to date with new technologies in shipbuilding and increasing environmental requirements.

The Convention contains rules aimed at preventing and minimizing pollution from ships, both accidental and from normal operations, and now includes six technical annexes.

4. CONTENTS OF THE MARPOL 73/78 CONVENTION.
Annex I - Oil Pollution Prevention Regulations addresses the prevention of oil pollution as a result of operational measures or accidental spills. The 1992 amendments to Annex I made double hulls mandatory for new tankers and incorporated a phasing-in schedule for retrofitting existing tankers with double hulls, which was subsequently revised.

In Annex II - Regulations for the prevention of pollution by noxious liquid substances carried in bulk, the criteria for discharges and measures to prevent pollution by noxious liquid substances carried in bulk are precisely determined. Some 250 substances have been evaluated and listed in the Appendix to the Convention; the discharge of their residues is permitted only at reception facilities, unless certain concentrations and conditions are met, which vary according to the category of the substances. In any case, discharges of wastes containing harmful substances are not allowed within 12 miles of the nearest land.

Annex III - Rules for the prevention of pollution by "harmful substances" carried by sea in packages, sets out general requirements for the promulgation of detailed rules on packaging, marking, labeling, documentation, stowage, quantitative limitations, exceptions and notifications.

Harmful substances" means substances considered as pollutants of the sea in the International Maritime Dangerous Goods Code (IMDG Code) or substances that meet the criteria listed in the Appendix to Annex III.

Annex IV - Rules for the prevention of pollution by sewage from ships, sets out requirements for controlling pollution of the sea by sewage. The discharge of sewage into the sea is prohibited unless the ship uses an approved sewage treatment facility or discharges sewage previously broken up and disinfected by an approved system, at a distance greater than 3 nautical miles from the nearest land, or at a distance greater than 12 nautical miles from the nearest land, if it has not been previously broken up and disinfected.

Annex V - Rules for the prevention of pollution caused by garbage from ships, refers to the different types of garbage and specifies the distances from land and the manner in which it may be disposed of; the most important feature of the annex is the total prohibition imposed on the dumping at sea of all types of plastics. In 1997, a Protocol was adopted to amend the Convention and a new Annex VI was added, which entered into force on May 19, 2005.

Annex VI - Regulations for the Prevention of Air Pollution from Ships sets limits on emissions of sulfur oxides (SOx) and nitrogen oxides (NOx) from ships' exhausts and prohibits deliberate emissions of ozone-depleting substances; for designated emission control areas, stricter standards are set for SOx, NOx and particulate matter emissions.

5. FINAL REMARKS.
On July 15, 2011, IMO adopted the first set of mandatory technical and operational energy efficiency measures aimed at reducing greenhouse gas (GHG) emissions from ships. Other IMO environmental treaties address anti-fouling systems used on ships, the transfer of alien species in ships' ballast water and the environmentally sound recycling of ships.

A relevant factor in reducing pollution generated by ships is to have addressed human, technical and operational issues, taking into account the significant growth in the shipping industry worldwide, in terms of the size of the world fleet and distances traveled.

IMO is continually looking for ways to improve implementation and enforcement by flag and port states, including a proactive plan, to ensure that shore-based reception facilities for ships that generate waste continue to meet international regulatory requirements.

Over the past decade, IMO has taken a number of actions, including new regulatory measures and the adoption of the initial IMO Greenhouse Gas (GHG) Strategy. To support its implementation, OMI is implementing a comprehensive capacity building and technical assistance program, including a number of global projects. The initial Strategy will be reviewed in 2023.

The main objectives are:

  • (a) To reduce greenhouse gas emissions from international shipping by at least 50% by 2050, compared to 2008 levels; and to work towards the complete elimination of GHG emissions from shipping as early as possible in this century.
  • b) The Initial Strategy envisages, in particular, reducing the carbon intensity of international shipping, i.e. reducing CO2 emissions per transport job, on average for all international shipping, by at least 50% by 2030 compared to 2008 levels, and continuing efforts towards 70% by 2050 compared to 2008 levels).

All of the above is directly related to the global maritime theme chosen for this year 2022, entitled "New Technologies for Greener Shipping", which reflects the need to support a green transition of the maritime sector towards a sustainable future, a transition that IMO actively supports.

New Technologies for Greener Shipping also provides an opportunity to showcase maritime innovation, research and development, and demonstration and deployment of best practices, including innovative financial and support solutions.

The identified theme will allow activities to address specific topics, related to fostering inclusive innovation and the adoption of new technologies, to support the needs for a greener transition of the maritime sector, especially in the context of developing countries, and in particular Small Island Developing States (SIDS) and Least Developed Countries (LDCs).

Similarly, the Global Maritime Theme 2022, is linked to the United Nations Sustainable Development Goals (SDGs). In particular SDGs 13 and 14 on climate change and sustainable use of oceans, seas and marine resources; SDG 9 on sector, innovation and infrastructure; and SDG 17 Partnerships for the Goals, which highlights the importance of partnerships and means of implementation to achieve these goals.

 

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