MARPOL Convention 1973: International Convention for the Prevention of Pollution from Ships

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A decision made 14 March 2012:

Decision Reference: MD-C-2012-0029
Decision Summary Title :	MARPOL Convention 1973: International Convention for the Prevention of Pollution from Ships		Date of Decision Summary:	5 March 2012
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	International Convention for the Prevention of Pollution from Ships		Date of Written Report:	5 March 2012
Written Report Author:	International Relations		Written Report : Public or Exempt?	Public
Subject: International Convention for the Prevention of Pollution from Ships
Decision(s): The Chief Minister decided to request the United Kingdom to extend ratification of the International Convention for the Prevention of Pollution from Ships (MARPOL Convention 1973 and its associated Protocol of 1978, “MARPOL 73/78”) to Jersey.
Reason(s) for Decision: It is important that Jersey is able to implement and enforce a major international convention for the prevention of pollution from ships in Bailiwick waters and with regard to Jersey registered ships worldwide. The States have adopted the necessary legislation to enable Jersey to fulfil the obligations for compliance with the Convention. The Minister for Economic Development supports the proposed extension of this Convention.
Resource Implications: There are no additional resource implications arising from this decision.
Action required: The Chief Minister’s Department should forward a formal letter requesting extension of the Convention, for transmission to the United Kingdom through the official channel.
Signature:		Position: Senator I.J Gorst, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

MARPOL Convention 1973: International Convention for the Prevention of Pollution from Ships

Written Report

REPORT

International Convention for the Prevention of Pollution from Ships

(the MARPOL Convention 1973 and its associated Protocol of 1978, “MARPOL 73/87”)

The MARPOL Convention is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. It is a combination of two treaties adopted in 1973 and 1978 respectively and also includes the Protocol of 1997 (Annex VI). It has been updated by amendments through the years.

The International Convention for the Prevention of Pollution from Ships (MARPOL) was adopted on 2 November 1973 at IMO and covered pollution by oil, chemicals, harmful substances in packaged form, sewage and garbage. The Protocol of 1978 relating to the 1973 International Convention for the Prevention of Pollution from Ships (1978 MARPOL Protocol) was adopted at a Conference on Tanker Safety and Pollution Prevention in February 1978 held in response to a spate of tanker accidents in 1976 -1977. As the 1973 MARPOL Convention had not yet entered into force, the 1978 MARPOL Protocol absorbed the parent Convention. The combined instrument is referred to as the International Convention for the Prevention of Marine Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), and it entered into force on 2 October 1983 (Annexes I and II). In 1997 a Protocol was adopted to add a new Annex VI.

The Convention includes regulations aimed at preventing and minimizing pollution from ships - both accidental pollution and that from routine operations - and currently includes six technical Annexes.

On 17 January 2012, the States adopted the Shipping (MARPOL) (Jersey) Regulations 2012, which give effect to the necessary requirements to implement the Convention in Jersey.

However, only the first two Annexes, relating to oil and noxious liquid substances, are mandatory for Jersey to be a party to the Convention. The Jersey Regulations therefore deal with these two annexes alone, as detailed below. This approach, of opting for the most relevant or appropriate annexes first, has also been taken by many of the ratifying jurisdictions, including the United Kingdom and those for which the UK has extended its ratification of the Convention.

Annex I Regulations for the Prevention of Pollution by Oil (entered into force 2 October 1983)

Covers prevention of pollution by oil from operational measures as well as from accidental discharges. The 1992 amendments to Annex I made it mandatory for new oil tankers to have double hulls and brought in a phase-in schedule for existing tankers to fit double hulls, which was subsequently revised in 2001 and 2003.

Annex II Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk (entered into force 2 October 1983)

Annex II details the discharge criteria and measures for the control of pollution by noxious liquid substances carried in bulk.

Some 250 substances have been evaluated and included in the list appended to the Convention. The discharge of their residues is allowed only to reception facilities until certain concentrations and conditions (which vary with the category of substances) are complied with.

In any case, no discharge of residues containing noxious substances is permitted within 12 miles of the nearest land. More stringent restrictions apply to the Baltic and Black Sea areas.

Consultation

Consultation has taken place with the Economic Development and the Environment Departments and Jersey Harbours, who are fully aware and supportive of extension of the MARPOL Convention.

Prior to seeking extension of the Convention to Jersey, compliance has been reviewed by the UK Maritime and Coastguard Agency and has received support.

Enforcement

Jersey already has limited responsibility for Port State Control (known as PSC – this is the practice of boarding and inspecting non-Jersey ships to assess compliance with maritime Conventions). There is an understanding with French and UK surveyors that allows them to carry out PSC. Additionally, the legislation specifically recognises officers already designated under the Water Pollution (Jersey) Law 2000. The introduction of MARPOL in Jersey will allow these officers to enforce compliance if necessary.

Financial and manpower implications

Because the enforcement regime is to be part of the existing arrangements, there are no new resource requirements for the States. Enforcement will be through the provision of information and responding to known incidents, rather than there being any plans to increase policing of vessels in Jersey waters.

When a ship is inspected locally for other routine reasons, such as commercial certification of small craft or compliance with other Conventions for larger ships, MARPOL monitoring can be added to the checklist. If evidence of pollution or the likelihood of pollution were apparent, Jersey officials would then respond and involve the Environment Department. These functions can be managed within existing resources.