International Convention for the Prevention of Pollution from Ships

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The 1973 International Convention for the Prevention of Pollution from Ships ( English International Convention for the Prevention of Marine Pollution from Ships, 1973 , and MARPOL 73/78 (of marine pollution )) is in its amended in 1978 is a globally valid environmental agreements . The International Maritime Organization (IMO) performs the tasks of the secretariat . The Marine Environment Protection Committee (MEPC) of the IMO acts as a conference of the parties to the agreement , which can decide on modifications and additions to the treaty. Together with the Safety of Life at Sea ( SOLAS ) Convention of 1974, the MARPOL Convention forms the legal basis for environmental protection in shipping and thus the basis for global efforts to minimize pollution of the marine environment .

The text of the convention or protocol itself only regulates the general framework. The practically relevant determinations are made in the annexes. With the exception of Annexes I and II, the annexes must be ratified separately, i. H. its rules apply only to the contracting states that have explicitly agreed to the binding under international law.

Emergence

In 1954, the OILPOL agreement was signed to limit oil pollution from coasts. It was essentially aimed at oil tankers and prohibited the then customary overboard pumping of wash water from the tanks closer than 50 nautical miles to the coast. In 1962, the prohibition zones were expanded and in 1969 the load-on-top procedure was prescribed, which provided for the separation of the wash water during the empty journey in slop tanks and, when reloading, the pumping back of the floating oil into the cargo tanks. Another supplementary agreement was concluded in 1971 that limited the size of individual tanks. Meanwhile, the 1967 Torrey Canyon disaster had paved the way for a broader agreement that was no longer limited to tackling oil spills. In 1973 the MARPOL convention was concluded within the framework of the IMO, which in 1978 was supplemented by the additional protocol MARPOL 78 before it came into force. Nowadays the contract is therefore often referred to as "MARPOL 73/78" in the specialist literature. OILPOL updated its Annex I and expanded it again considerably; Annexes II to VI made it a contract that is intended to combat all types of marine pollution . On October 2, 1983, the contract came into force.

An estimated 600,000 tons of oil are nevertheless discharged into the sea annually through normal ship operations as a result of accidents and illegal disposal. 250,000 tons of this are oil-water mixtures and fuel residues ( sludge ) from the marine machinery sector.

content

The International Convention for the Prevention of Pollution from Ships in the version of the Protocol of 1978 with worldwide scope was concluded on November 2, 1973. In just twenty articles, the Convention itself contains fundamental information about the obligation of the signatory states to prevent the discharge of pollutants through ship operations .

The details are regulated in two protocols and six extensive annexes. Protocol I concerns procedure i. S. v. Art. 8 of the Convention, according to which occurrences in which pollutants have entered the sea must be reported; Protocol II carries out the arbitration procedure referred to in Art. 10 for disputes between contracting parties. Only in the six annexes are the pollutants, which are only generally defined in the Convention itself, specified in more detail.

According to the systems, the ship's crew u. a. obliged to keep an oil diary (Appendix I) about the whereabouts of oil residues from the engine room and cargo tanks, a cargo diary about the whereabouts of loaded chemicals in liquid form (Appendix II) and a garbage diary about the whereabouts of ship waste (Appendix V). (More on this follows in section 4)

The text of the convention or protocol itself only regulates the general framework. The practically relevant determinations are made in the annexes. With the exception of Annexes I and II, the annexes must be ratified separately, i. H. its rules apply only to the contracting states that have explicitly agreed to the binding under international law. In addition to oily residues, other pollutants and wastes are also discharged into the oceans, which has resulted in additional facilities being added to the MARPOL Convention.

Appendices I, II and V allow the designation of so-called special areas , in which stricter protective regulations apply to the discharge of oil or chemicals as well as to the separation of waste. The special areas are identified by the MEPC in an amendment to the contract. The special areas are precisely described in Marpol Annex V, Rule 5.1: The Mediterranean , the Baltic Sea area, the North Sea area, the Black Sea area, the Red Sea area, the Gulf area, the area are defined as special areas the Antarctic (south of 60 ° South) and the region of the Caribbean , including the Gulf of Mexico and the Caribbean sea (as of Feb. 2003). The letters ah of rule 5.1 of Appendix V then precisely define the scope of the special areas by specifying the exact geographic coordinates and / or landmarks.

enforcement

  • Contract in force
  • Contract not signed

    • In principle, the flag states enforce the MARPOL rules, i. H. Compliance is also monitored on ships that may never call at a port in their flag state (because the flag that is flown in accordance with the ship certificate does not say anything about the nationality of the owner and shipowner or about the ship's routes in general).

    Although this practice follows centuries-old principles of the law of the sea, it poses enormous problems, as not all states can (or want to guarantee a really efficient review of the applicable standards - so-called flags of convenience or "open registers"). In response to this, the principle of port state control has emerged. According to this, authorities of a country whose port a ship has called (voluntarily!) a. Check compliance with certain MARPOL rules and sanction any deficits - according to a complex system. This mechanism is also reflected in the United Nations Convention on the Law of the Sea (UNCLOS) (in particular Article 211 paragraph 3). Violations of MARPOL discharge bans may also be punished by port states if they were committed on the high seas (more than 200 nautical miles from land).

    A ship whose flag state has not ratified MARPOL cannot invoke this non-ratification: MARPOL has - at least as far as Annexes I and II are concerned - as part of the "internationally recognized rules and standards" within the meaning of UNCLOS (cf. Article 211 paragraph 5) becomes universal, d. H. it must be complied with by all ships around the world.

    In Germany, the penalties for violations of the MARPOL convention are laid down in the See-Environmental Behavior Ordinance (SeeUmwVerhV).

    Investments

    The six systems that have been accepted so far regulate the following areas:

    Appendix I.

    Annex I contains rules for the prevention of pollution by oils and consists of three chapters and three appendices:

    • Cape. 1 General : contains rules on definitions, application, inspection and verification, and the issuing of certificates.
    • Cape. 2 Regulations for the prevention of pollution by ship operations : contains rules for monitoring the discharge of oil into the sea and the definition of special areas, equipment for collecting facilities for oily residues in ports, equipment and operation of tankers with separate oil and ballast water tanks, monitoring and Control devices to prevent oil pollution .
    • Cape. 3 Regulations to reduce oil pollution from oil tankers as a result of damage to the ship's sides and bottom to a minimum : Contains rules on the construction of oil tankers e.g. B. Two-hull tankers
    • Appendices : list of oils, international oil pollution prevention certificate, sample oil diary

    Appendix I - new

    At the 52nd meeting of the MEPC from October 11-15, 2004, a revised version of Annexes I and II was presented and approved. The "new annexes" were expected to take effect on January 1, 2007.

    All amendments and new versions that have been adopted since the MARPOL Convention came into force in 1983 have been incorporated into the new Annex I. Likewise, rules 13 G (rule 20 new) and 13 H (rule 21 new) have already been taken into account in the new plant, which regulate the phasing out of single-hull tankers.

    New regulations have been added. For example, there are rules that require a double floor for the pump room for tankers (new rule 22) and rules for structural measures that are intended to protect tankers' cargo tanks in the event of stranding or collisions (new rule 23).

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

    In the beginning, a so-called cross-reference list should help to distinguish between the "old" and the "new" rules.

    Appendix II

    Appendix II relates to the pollution by harmful liquids, which are transported in bulk ( chemicals in tankers , pollution from noxious liquid substances in bulk ).

    Annex II - new

    Like Annex I to MARPOL, Annex II was changed on January 1, 2007. The list of substances allowed in sea transport has been revised: Some substances for which insufficient ecotoxic data are available may no longer be transported from January 1, 2007.

    The classification of liquid bulk cargoes of the four pollution groups (A, B, C and D) and three types of ships has been fundamentally revised. According to this, the products will only be classified in three introductory criteria X, Y and Z in the future. Animal and vegetable oils as well as mineral oil waxes may then only be carried in double-hull tankers. Paraffins, which in the past often led to pollution on the beaches through tank washing, will come under Annex II of the MARPOL Convention according to the new regulations for the classification of liquid bulk goods.

    Annex III

    Annex III concerns pollutants that are transported in packaged form, e.g. B. dangerous goods in containers ( harmful substances carried by sea in packaged form ). The regulations apply to all ships that are approved for the transport of harmful liquid substances in bulk (chemical tankers).

    Appendix IV

    In special areas, the wastewater must not cause any discoloration in the water or contain floating bodies. Mechanically treated and disinfected wastewater may be discharged into the water from a distance of 3  nm from the coast, untreated water only from 12 nm. The application is for ships with a GT greater than 400 or GT less than 400 that are approved for the carriage of more than 15 people (Note: The term "person" refers to crew members and passengers).

    Appendix V

    Annex V with the changes as of January 1, 2013 serves to prevent pollution from ship waste.

    Special areas are the Baltic and North Sea, the Mediterranean and the Caribbean. If discharge is permitted, the ship must be in motion.

    Untreated food waste may be discharged into the sea outside of special areas from 12 nm. If these are crushed or ground, they may be introduced into special areas from 12 nm, outside of special areas from 3 nm.

    If the following substances are not classified as harmful to the marine environment, their discharge is permitted:

    • Cleaning agents in the washing water from cargo holds, deck and superstructure areas, in special areas for cargo holds only from 12 nm.
    • Cargo residues in or not in the wash water, from 12 nm; Discharging cargo residues that are not in the washing water is prohibited in special areas.

    Animal bodies (broken up so that they sink immediately) may be disposed of outside of 100 nm (prohibited within special areas).

    Other garbage, including plastics, synthetic ropes, fishing gear, plastic garbage bags, ashes from incinerators, slag, cooking oil, floating dunnage, cladding and packaging material, paper, rags, glass, metal, bottles, earthenware and similar waste may not be discharged into the sea.

    Annex VI

    Annex VI (adopted in 1997; in force since May 19, 2005) is intended to counter air pollution from ships. This system has introduced some fundamental innovations because it is not primarily intended to protect the water, but the air. In addition, their application should also take into account the effects on the terrestrial area. Annex VI contains i.a. a. special regulations for so-called “ SO x emission control areas ” ( SECAs ). Currently u. a. the Baltic Sea (since May 2006), the North Sea and the English Channel (since November 2007) are such a protected area, in which stricter limit values ​​apply to the sulfur content of the ship's fuel or ships must be equipped with a special filter system in order to reduce the sulfur content of the exhaust gases .

    The new Annex VI also closes essential gaps in the existing Annexes of the MARPOL Convention. This includes, among other things, a quality control of the fuel as well as the regulation for the use of suitable combustion systems for unusable oil residues (sludge) and garbage. Further includes the investment rules for dealing with ozone-depleting compounds from air conditioning, refrigeration and fire extinguishing systems, as well as volatile hydrocarbons (English name: volatile organic compounds - VOCs) in particular in the operation of oil tankers.

    With the expansion of Annex VI by a fourth chapter in 2011, the energy efficiency on ships is to be increased in order to reduce emissions of greenhouse gases. The new chapter should come into force on January 1, 2013. So far it has been controversial to what extent limit values ​​for greenhouse gas emissions from ships can be drawn up on the basis of this system. In this regard, no consensus has yet emerged within the IMO.

    See also

    literature

    • Rainer Altfuldisch: Liability and compensation after tanker accidents at sea. Inventory, comparison of laws and deliberations de lege ferenda. (= Hamburg Studies on Maritime Affairs , Volume 6). 1st edition. Springer, Berlin / Heidelberg 2007, ISBN 978-3-540-47212-4 .

    Web links

    Commons : MARPOL  - collection of images, videos and audio files

    Individual evidence

    1. ↑ Federal Law Gazette 1982 II p. 2, 4
    2. ↑ BGBl. 1996 II p. 399
    3. ↑ Summary MARPOL 73/78. Retrieved on January 30, 2012 (English): "In 2011, IMO adopted mandatory measures to reduce emissions of greenhouse gases (GHGs) from international shipping, with a new Annex VI chapter 4 on energy efficiency for ships, to make mandatory the energy efficiency Design Index (EEDI), for new ships, and the Ship Energy Efficiency Management Plan (SEEMP) for all ships. These regulations are expected to enter into force on January 1, 2013. "
    4. ↑ Media information on reducing greenhouse gas emissions. Retrieved on January 30, 2012 (English): "IMO has adopted mandatory technical and operational energy efficiency measures which will significantly reduce the amount of CO2 emissions from international shipping."