IMO Amendments To Annex I Of The Protocol Of 1978 Relating To The International Convention For The Prevention Of Pollution From Ships, 1973 (MARPOL 73/78)
Source: http://www.austlii.edu.au/au/other/dfat/seldoc/1992/4006.html
The Marine Environment Protection Committee,
Recalling Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Committee,
Noting Article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1973 Convention"), and Article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol"), which confer upon the appropriate body of the Organization the function of considering and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78),
Recalling the objective of MARPOL 73/78 to achieve the complete elimination of intentional pollution of the marine environment by oil,
Desiring in this regard to reduce even further operational pollution from ships,
Having considered, at its thirty-second session, amendments to the 1978 Protocol proposed and circulated in accordance with Article 16(2)(a) of the 1973 Convention,
1. ADOPTS, in accordance with Article 16(2)(d) of the 1973 Convention, amendments to the Annex of the 1978 Protocol, the text of which is set out in the Annex to the present resolution;
2. DETERMINES, in accordance with Article 16(2)(f)(iii) of the 1973 Convention, that the amendments shall be deemed to have been accepted on 6 January 1993, unless prior to this date one third or more of the Parties, or the Parties the combined merchant fleets of which constitute fifty per cent or more of the gross tonnage of the world's merchant fleet, have communicated to the Organization their objections to the amendments;
3. INVITES the Parties to note that, in accordance with Article 16(2)(g)(ii) of the 1973 Convention, the amendments shall enter into force on 6 July 1993 upon their acceptance in accordance with paragraph 2 above;
4. REQUESTS the Secretary-General, in conformity with Article 16(2)(e) of the 1973 Convention, to transmit to all Parties to MARPOL 73/78 certified copies of the present resolution and the text of the amendments contained in the Annex;
5. FURTHER REQUESTS the Secretary-General to transmit copies of the resolution and its Annex to the Members of the Organization which are not Parties to MARPOL 73/78.
ANNEX
AMENDMENTS TO ANNEX I OF MARPOL 73/78
The regulations of Annex I are amended as follows:
1 Regulation 9
.1 The existing text of paragraph (1)(a)(iv) is replaced by the following:
"(iv) The instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile".
.2 The existing text of paragraph (1)(b) is replaced by the following:
"(b) from a ship of 400 tons gross tonnage and above other than an oil tanker and from machinery space bilges excluding cargo pump-room bilges of an oil tanker unless mixed with oil cargo residue:
(i) the ship is not within a special area;
(ii) the ship is proceeding en route;
(iii) the oil content of the effluent without dilution does not exceed 15 parts per million; and
(vi) the ship has in operation equipment as required by regulation 16 of this Annex."
.3 Paragraph (4) is amended by deleting the entire second sentence, including subitems (a)-(d).
.4 A new paragraph (7) is added as follows:
"(7) In the case of a ship, referred to in regulation 16(6) of this Annex, not fitted with equipment as required by regulation 16(1) or 16(2) of this Annex, the provisions of paragraph (1)(b) of this regulation will not apply until 6 July 1998 or the date on which the ship is fitted with such equipment, whichever is the earlier. Until this date any discharge from machinery space bilges into the sea of oil or oily mixtures from such a ship shall be prohibited except when all the following conditions are satisfied:
(a) the oily mixture does not originate from the cargo pump-room bilges;
(b) the oily mixture is not mixed with oil cargo residues;
(c) the ship is not within a special area;
(d) the ship is more than 12 nautical miles from the nearest land;
(e) the ship is proceeding en route;
(f) the oil content of the effluent is less than 100 parts per million; and
(g) the ship has in operation oily-water separating equipment of a design approved by the Administration, taking into account the specification recommended by the Organization."
2 Regulation 10
.1 Paragraph (2)(b) is amended to read:
"(b) any discharge into the sea of oil or oily mixture from a ship of less than 400 tons gross tonnage, other than an oil tanker, shall be prohibited while in a special area, except when the oil content of the effluent without dilution does to exceed 15 parts per million".
.2 Paragraph (3)(b)(v) is amended by changing the cross-reference therein from 16(7) to 16(5).
3 Regulation 16
The existing text of this regulation is replaced by the following:
"Regulation 16
Oil discharge monitoring and control system and oil filtering equipment
(1) Any ship of 400 tons gross tonnage and above but less than 10,000 tons gross tonnage shall be fitted with oil filtering equipment complying with paragraph (4) of this regulation. Any such ship which carries large quantities of oil fuel shall comply with paragraph (2) of this regulation or paragraph (1) of regulation 14.
(2) Any ship of 10,000 tons gross tonnage and above shall be provided with oil filtering equipment, and with arrangements for an alarm and for automatically stopping any discharge of oil mixture when the oil content in the effluent exceeds 15 parts per million.
(3) (a) The Administration may waive the requirements of paragraphs (1) and (2) of this regulation for any ship engaged exclusively on voyages within special areas provided that all of the following conditions are complied with:
(i) the ship is fitted with a holding tank having a volume adequate, to the satisfaction of the Administration, for the total retention on board of the oily bilge water;
(ii) all oil bilge water is retained on board for subsequent discharge to reception facilities;
(iii) the Administration has determined that adequate reception facilities are available to receive such oily bilge water in a sufficient number of ports or terminals the ship calls at;
(iv) the International Oil Pollution Prevention Certificate, when required, is endorsed to the effect that the ship is exclusively engaged on the voyages within special areas; and
(v) the quantity, time, and port of the discharge are recorded in the Oil Record Book.
(b) The Administration shall ensure that ships of less than 400 tons gross tonnage are equipped, as far as practicable, to retain on board oil or oily mixtures or discharge them in accordance with the requirements of regulation 9(1)(b) of this Annex.
(4) Oil filtering equipment referred to in paragraph (1) of this regulation shall be of a design approved by the Administration and shall be such as will ensure that any oily mixture discharged into the sea after passing through the system has an oil content not exceeding 15 parts per million. In considering the design of such equipment, the Administration shall have regard to the specification recommended by the Organization.
(5) Oil filtering equipment referred to in paragraph (2) of this regulation shall be of a design approved by the Administration and shall be such as will ensure that any oily mixture discharged into the sea after passing through the system or systems has an oil content not exceeding 15 parts per million. It shall be provided with alarm arrangements to indicate when this level cannot be maintained. The system shall also be provided with arrangements such as will ensure that any discharge of oily mixtures is automatically stopped when the oil content of the effluent exceeds 15 parts per million. In considering the design of such equipment and arrangements, the Administration shall have regard to the specification recommended by the Organization.
(6) For ships delivered before 6 July 1993 the requirements of this regulation shall apply by 6 July 1998 provided that these ships can operate with oily-water separating equipment (100 ppm equipment)."
4 Regulation 21
.1 Subparagraph (c) is amended by deleting the first five words, i.e., "in any special area and".
.2 Subparagraph (d) is deleted.
5 Forms A and B of Supplements to the IOPP Certificate
Items 2.2 and 2.3 in both Forms A and B of Supplements to the IOPP Certificate are replaced by the following:
"2.2 Type of oil filtering equipment fitted:
2.2.1 Oil filtering (15 ppm) equipment (regulation 16(4))
2.2.2 Oil filtering (15 ppm) equipment with alarm and automatic stopping device (regulation 16(5))
2.3 The ship is allowed to operate with the existing equipment until 6 July 1998 (regulation 16(6)) and fitted with:
2.3.1 Oily-water separating (100 ppm) equipment
2.3.2 Oil filtering (15 ppm) equipment without alarm
2.3.3 Oil filtering (15 ppm) equipment with alarm and manual stopping device "
