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Posted: January 16th, 2024
Analysis of MARPOL Regulations on Oil Pollution Prevention
Oil pollution is one of the major threats to the marine environment, affecting the health and biodiversity of aquatic ecosystems, as well as the livelihoods and well-being of coastal communities. According to the International Maritime Organization (IMO), more than 80% of marine pollution is caused by land-based activities, such as industrial waste, agricultural runoff, and sewage discharge. However, the remaining 20% is attributed to maritime activities, such as oil spills, operational discharges, and shipwrecks. To address this issue, the IMO adopted the International Convention for the Prevention of Pollution from Ships (MARPOL) in 1973, which entered into force in 1983. MARPOL is the main international instrument for preventing and reducing marine pollution from ships, covering six annexes that regulate different types of pollutants, such as oil, chemicals, sewage, garbage, and air emissions.
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This paper focuses on the analysis of MARPOL Annex I, which deals with oil pollution prevention. Annex I applies to all ships of 400 gross tonnage and above that are engaged in international voyages, as well as to offshore platforms and drilling rigs. Annex I sets out the requirements for the design, construction, equipment, and operation of ships to prevent oil pollution from accidental or operational sources. Some of the main provisions of Annex I are:
- The establishment of special areas where stricter discharge standards apply, such as the Mediterranean Sea, the Baltic Sea, the Black Sea, the Red Sea, the Persian Gulf, the Antarctic area, and some parts of the North Sea and the Caribbean Sea.
- The prohibition of any discharge of oil or oily mixtures into the sea from ships, except when certain conditions are met, such as the ship being en route, the oil content being less than 15 parts per million (ppm), and the ship having an approved oil discharge monitoring and control system.
- The requirement for ships to have segregated ballast tanks (SBT) or dedicated clean ballast tanks (CBT) to separate ballast water from oil cargo, reducing the risk of contamination and the need for discharge.
- The requirement for ships to have an oil record book (ORB) to record all operations involving oil or oily mixtures, such as loading, unloading, internal transfer, disposal, or discharge.
- The requirement for ships to have a shipboard oil pollution emergency plan (SOPEP) to deal with potential oil spill incidents and to cooperate with coastal states in case of emergency.
- The requirement for ships to have a certificate of insurance or other financial security to cover their liability for oil pollution damage.
The implementation and enforcement of MARPOL Annex I is the responsibility of flag states (the states where ships are registered) and port states (the states where ships call at ports). Flag states are required to ensure that their ships comply with Annex I and to issue international oil pollution prevention certificates (IOPP) to certify their compliance. Port states are entitled to inspect foreign ships in their ports and to take measures against non-compliant ships, such as detention or expulsion. Moreover, regional cooperation among coastal states is encouraged to enhance surveillance and response capabilities in case of oil pollution incidents.
MARPOL Annex I has been amended several times since its adoption to reflect technological developments and scientific knowledge. Some of the major amendments include:
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- The adoption of a revised Annex I in 2004, which entered into force in 2007. The revised Annex I introduced new requirements for double hulls or equivalent design features for oil tankers to reduce the risk of oil leakage in case of collision or grounding. It also extended the application of Annex I to fixed and floating platforms engaged in exploration and exploitation of seabed resources.
- The adoption of a new regulation 12A in 2009, which entered into force in 2011. Regulation 12A requires oil tankers to have a shipboard marine pollution emergency plan for noxious liquid substances (SMPEP-NLS) in addition to a SOPEP. It also requires oil tankers carrying heavy grade oil (HGO) as cargo to have a pre-wash procedure before leaving port.
- The adoption of a new regulation 43 in 2011, which entered into force in 2013. Regulation 43 prohibits any discharge of residues or mixtures containing HGO into the sea from tankers operating in Antarctic waters.
The effectiveness of MARPOL Annex I in preventing and reducing oil pollution from ships depends on various factors, such as compliance levels, monitoring mechanisms, enforcement measures, reporting systems, awareness campaigns, and stakeholder involvement. According to a study by Mouawad et al. (2017), MARPOL Annex I has contributed to a significant decrease in operational oil discharges from ships over time. However, accidental oil spills still pose a serious threat to the marine environment and require prompt and coordinated response actions. Furthermore, emerging challenges such as climate change impacts on sea ice and navigation routes, offshore oil and gas activities, and new types of pollutants, such as microplastics and biocides, call for continuous improvement and adaptation of MARPOL Annex I to ensure its relevance and effectiveness in the future.
References
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International Maritime Organization. (2020). MARPOL Annex I - Prevention of pollution by oil. Retrieved from https://www.imo.org/en/OurWork/Environment/PollutionPrevention/OilPollution/Pages/Default.aspx
Mouawad, J., Perkovic, M., Nelissen, D., & Faber, J. (2017). Evaluation of MARPOL Annex VI: Final report. Retrieved from https://ec.europa.eu/clima/sites/clima/files/transport/shipping/docs/marpol_annex_vi_final_report_en.pdf
Turabian, K. L. (2018). A manual for writers of research papers, theses, and dissertations: Chicago style for students and researchers (9th ed.). Chicago: University of Chicago Press.
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