International Convention for the Prevention of Pollution from Ships (MARPOL)

The International Convention for the Prevention of Pollution from Ships (MARPOL) is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes.

MARPOL Convention was adopted on 2 November 1973 at IMO and includes regulations aimed at preventing and minimizing pollution from ships – both accidental pollution and that from routine operations – and currently includes six technical Annexes. Special Areas with strict controls on operational discharges are included in most Annexes.

The Convention includes Regulations for:

• the Prevention of Pollution by Oil
• the Control of Pollution by Noxious Liquid Substances in Bulk
• the Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form
• the Prevention of Pollution by Sewage from Ships
• the Prevention of Pollution by Garbage from Ships
• the Prevention of Air Pollution from Ships

The International Safety Management (ISM) Code

The purpose of the ISM Code is to provide an international standard for the safe management and operation of ships and for pollution prevention.

Recognizing that no two shipping companies or shipowners are the same, and that ships operate under a wide range of different conditions, the Code is based on general principles and objectives, which include assessment of all identified risks to one Company’s ships, personnel and the environment and establishment of appropriate safeguards.

The Code is expressed in broad terms so that it can have a widespread application. Clearly, different levels of management, whether shore-based or at sea, will require varying levels of knowledge and awareness of the items outlined.

SOLAS XI-2 and the ISPS Code

The International Ship and Port Facility (ISPS) Code

Having entered into force under SOLAS chapter XI-2, on 1 July 2004, the International Ship and Port Facility Security Code (ISPS Code) has since formed the basis for a comprehensive mandatory security regime for international shipping.

The Code is divided into two sections, Part A and Part B. Mandatory Part A outlines detailed maritime and port security-related requirements which SOLAS contracting governments, port authorities and shipping companies must adhere to, in order to be in compliance with the Code. Part B of the Code provides a series of recommendatory guidelines on how to meet the requirements and obligations set out within the provisions of Part A.

In order to achieve the above objectives, SOLAS contracting governments, port authorities and shipping companies are required, under the ISPS Code, to designate appropriate security officers and personnel, on each ship, port facility and shipping company. These security officers, designated Port Facility Security Officers (PFSOs), Ship Security Officers (SSOs) and Company Security Officers (CSOs), are charged with the duties of assessing, as well as preparing and implementing effective security plans that are able to manage any potential security threat. IMO is able to provide support to Member states in need of assistance in implementing the Code, by way of national and regional workshops, seminars, needs assessment missions, etc.

Maritime Labour Convention (MLC), 2006

The Convention, known as “MLC, 2006” came into force on 20 August 2013 – effectively becoming binding in international law – and established minimum working and living standards for all seafarers on those ships.

The MLC, 2006 was adopted by government, employer and worker representatives at a special ILO International Labour Conference, in February 2006, to provide international standards for the world’s first genuinely global industry. Widely known as the “seafarers’ bill of rights,” it is unique in its effect on both seafarers and quality ship owners.

The comprehensive Convention sets out in one place seafarers’ rights to decent conditions of work on almost every aspect of their working and living conditions including, among others, minimum age, employment agreements, hours of work or rest, payment of wages, paid annual leave, repatriation at the end of contract, onboard medical care, the use of licensed private recruitment and placement services, accommodation, food and catering, health and safety protection and accident prevention and seafarers’ complaint handling.

International Convention on the Control of Harmful Anti-fouling Systems on Ships

The Convention prohibits the use of harmful organotins in anti-fouling paints used on ships and establishes a mechanism to prevent the potential future use of other harmful substances in anti-fouling systems.

Anti-fouling paints are used to coat the bottoms of ships to prevent sealife such as algae and molluscs attaching themselves to the hull – thereby slowing down the ship and increasing fuel consumption.

Under the terms of the AFS Convention, Parties to the Convention are required to prohibit and/or restrict the use of harmful anti-fouling systems on ships flying their flag, as well as ships not entitled to fly their flag but which operate under their authority and all ships that enter a port, shipyard or offshore terminal of a Party.

Anti-fouling systems to be prohibited or controlled are listed in an annex to the Convention, which are being updated as and when necessary.

Ballast Water Management Convention

Following the UN Conference on Environment and Development (UNCED), held in Rio de Janeiro in 1992, the IMO initiated negotiations to consider the possibilities of developing an internationally binding instrument to address the transfer of harmful aquatic organisms and pathogens in ships’ ballast water. From 1999 onwards, the Ballast Water Working Group, established by the MEPC in 1994, focused on the preparation of a free-standing Convention on control and management of ships’ ballast water and sediments.

The introduction of harmful aquatic organisms and pathogens to new environments had been identified as one of the four greatest threats to the world’s oceans (the other three being land-sourced marine pollution, overexploitation of living marine resources and destruction of habitat) and in 2002 the World Summit on Sustainable Development held in Johannesburg called for action at all levels to accelerate the development of measures to address invasive aquatic species in ballast water.

Proper control and management of ships’ ballast water became a major environmental challenge for IMO and the global shipping industry.

At its eighty-ninth session in November 2002, the Council approved the convening of the Diplomatic Conference in early 2004. The decision of the Council was endorsed by the twenty-third session of the Assembly in December 2003 and the International Conference on Ballast Water Management for Ships’ was held at IMO’s Headquarters in London from 9 to 13 February 2004. The Conference adopted the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (the Ballast Water Management Convention).

Due to the complexity and multi-disciplinary nature of the problem posed by invasive aquatic species in ships’ ballast water, the work is in its pioneering phase and knowledge is only now gathering in this respect. The Guidelines are kept under review by the MEPC and updated as new technologies emerge and additional knowledge becomes available.

The following is the up-to-date list of Guidelines relating to the uniform implementation of the BWM Convention that have been developed, adopted and, in some cases, revised since MEPC 53:

• Guidelines for sediment reception facilities (G1) (resolution MEPC.152(55));
• Guidelines for ballast water sampling (G2) (resolution MEPC.173(58));
• Guidelines for ballast water management equivalent compliance (G3) (resolution MEPC.123(53));
• Guidelines for ballast water management and development of ballast water management plans (G4) (resolution MEPC.127(53));
• Guidelines for ballast water reception facilities (G5) (resolution MEPC.153(55));
• 2017 Guidelines for ballast water exchange (G6) (resolution MEPC.288(71));
• 2017 Guidelines for risk assessment under regulation A-4 of the BWM Convention (G7) (resolution MEPC.289(71));
• 2016 Guidelines for approval of ballast water management systems (G8)
• (resolution MEPC.279(70)) (this will be superseded by the BWMS Code (resolution.300(72)) in October 2019);
• Procedure for approval of ballast water management systems that make use of Active Substances (G9) (resolution MEPC.169(57));
• Guidelines for approval and oversight of prototype ballast water treatment technology programmes (G10) (resolution MEPC.140(54))
• Guidelines for ballast water exchange design and construction standards (G11) (resolution MEPC.149(55));
• 2012 Guidelines on design and construction to facilitate sediment control on ships (G12) (resolution MEPC.209(63));
• Guidelines for additional measures regarding ballast water management including emergency situations (G13) (resolution MEPC.161(56));
• Guidelines on designation of areas for ballast water exchange (G14) (resolution MEPC.151(55));
• Guidelines for ballast water exchange in the Antarctic treaty area (resolution MEPC.163(56));
• Guidelines for port State control under the BWM Convention (resolution MEPC.252(67)).

Recycling of ships

The Hong Kong Convention

The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 (the Hong Kong Convention), was adopted at a diplomatic conference held in Hong Kong, China, from 11 to 15 May 2009.

The Convention aims to ensure that ships, when being recycled after reaching the end of their operational lives, do not pose any unnecessary risks to human health, safety and to the environment and intends to address all the issues around ship recycling, including the fact that ships sold for scrapping may contain environmentally hazardous substances such as asbestos, heavy metals, hydrocarbons, ozone-depleting substances and others. It also addresses concerns raised about the working and environmental conditions at many of the world’s ship recycling locations.

The Convention is open for accession by any State. It will enter into force 24 months after the date on which 15 States, representing 40 per cent of world merchant shipping by gross tonnage, have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General.

The EU Ship Recycling Regulation

The EU Ship Recycling Regulation (EU SRR) was adopted in 2013 and is in essence an early implementation in the EU of the Hong Kong Convention for the safe and environmentally sound recycling of ships.

Similarly to the Hong Kong Convention, the EU SRR aims to reduce the negative impacts on human health and the environment arising from the recycling of end of life ships.

Under the EU SRR, from 31 December 2020 all EU flagged and non-EU flagged vessels that call at a port or anchorage in an EU member state must have an Inventory of Hazardous Materials (IHM) on board.

Under Articles 4 and 5 are reinforced through additional requirements in the EU SRR including initial, renewal and additional surveys to be undertaken throughout the vessel’s operational life in order to monitor compliance with the Regulation. A Final Survey to be undertaken prior to the vessel being taken out of service.

IMO provides specific details in relation to which information shall be recorded in the IHM, which shall consist three parts:

• Materials contained in the vessel itself, or equipment (Part I);
• Operationally generated waste (Part II);
• Stores onboard the vessel (Part III)

The EU SRR requires that Part I be prepared and certified for new vessels and those already in operation and shall be maintained during the vessel’s operational life. Parts II and III need only be prepared when the vessel is to be recycled, in accordance with the other requirements of the EU SRR.

It is the responsibility and obligation of the shipowners to ensure that their vessels comply with the EU Regulation.