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TOPIC 1
Regulatory Framework
Content: Page
TOPIC 1
Regulatory Framework
1.1 International Environmental Regulations for Shipping
Class Societies play an important role in ensuring the safety, seaworthiness and
quality of these national registries. Especially with an increasing number of
responsibilities being delegated to them by flag states, who have neither the
expertise nor the financial standing to ensure that vessels flying their flags are in
compliance with international conventions. The continued existence of
classification societies is very essential for the promotion of safety of life and
property at sea, as well as to conserve our sensitive environment and marine
resources.
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Port States
Given the complexities inherent in an international framework for registry and
class certification, Port States have increasingly exercised their right to inspect
incoming vessels. Port state inspections have become the principal rampart
against substandard shipping, at least to the extent that countries are able to, and
choose to, exercise this prerogative. Many countries have organized their Port
State Control Agencies into international groupings (Memoranda of
Understanding MOU) that exchange information among participants. The
principal MOU's covers Europe, the Asia-pacific region and North America. Not
all ships are inspected, but, with the development of targeted boarding matrices,
Port State Control inspections have a fairly reasonable chance of catching the
most offensive/flagrant substandard ships.
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).
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States Parties must accept Annexes I and II, but the other Annexes are voluntary.
No. of
Entry into % world
Instrument Contracting
force date tonnage*
States
MARPOL 73/78 (Annex I/II) 02-Oct-83 138 97.84
MARPOL 73/78 (Annex III) 01-Jul-92 123 94.05
MARPOL 73/78 (Annex IV) 27-Sep-03 113 75.27
MARPOL 73/78 (Annex V) 31-Dec-88 128 96.13
MARPOL Protocol 1997 (Annex VI) 19-May-05 37 72.26
States Parties must accept Annexes I and II, but the other Annexes are voluntary.
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Oil Operation Mgt. NORWEGIAN MARITIME FOUNDATION OF THE PHILIPPINES, INC
MARPOL Annex 1
The regulations of Annex I - 2006 edition - are divided into seven (7) chapters:
Chapter 1 : General
Chapter 2 : Surveys and Certification
Chapter 3 : Requirements for Machinery spaces of all Ships
Chapter 4 : Requirements for the Cargo Areas of Oil Tankers
Chapter 5 : Prevention of Oil Pollution Arising from an Oil Pollution
Chapter 6 : Reception Facilities
Chapter 7 : Special Requirements for Fixed or Floating Platforms
This course chapter will concentrate on the regulations in chapter 2 and 3 as they
are relevant to bilge water operations.
For extension and other provisions please refer to specifics of this Regulation.
Based on the given circumstances the Port State shall take such steps as will
ensure that the ship shall not sail until the situation has been brought to order or
deficiency have been rectified.
Any ships of 10,000 gross tonnages and above shall be provided with oil filtering
equipment complying with the same requirements stated above and with
arrangements for an alarm and for automatically stopping and discharge of oily
mixture when the oil content in the effluent exceeds 15ppm.
* Ships, such as hotel ships, storage vessels, etc., which are stationary except for non-cargo-carrying
relocation voyages need not be provided with oil filtering equipment.
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Adoption, entry into force & date of taking effect of Special Areas
Date of Entry
Special Areas Adopted In Effect From
into Force
Mediterranean Sea 2 Nov 1973 2 Oct 1983 2 Oct 1983
Baltic Sea 2 Nov 1973 2 Oct 1983 2 Oct 1983
Black Sea 2 Nov 1973 2 Oct 1983 2 Oct 1983
Red Sea 2 Nov 1973 2 Oct 1983
Gulfs area 2 Nov 1973 2 Oct 1983
Gulf of Aden 1 Dec 1987 1 April 1989
Antarctic area 16 Nov 1990 17 Mar 1992 17 Mar 1992
North West
25 Sept 1997 1 Feb 1999 1 Aug 1999
European Waters
Oman area 15 Oct 2004 1 Jan 2007
Southern South
13 Oct 2006 1 March 2008
African waters
COURSE MANUAL NORWEGIAN TRAINING CENTER - MANILA
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ORB shall be kept in such a place as to be readily available for inspection at all
reasonable times. Retention period is 3 years after the last entry has been made
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(COMPENDIUM) NTC-M
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Oil Operation Mgt. NORWEGIAN MARITIME FOUNDATION OF THE PHILIPPINES, INC
Some coastal States in the US consider that it is not their best interest to
participate in an international oil pollution liability and compensation regime.
Vessels engaged in Canadian trade need to have their Shipboard Oil Pollution
Emergency Plan (SOPEP) adapted to meet the Canadian Shipping Act.
In other country carrying an approved SOPEP one will be in compliance with said
law.
The Oil industry contributed to a fund under the Contract Regarding an Interim
Settlement to Tanker Liability for Oil Pollution (CRISTAL) will cover $36
million per incident.
1.7 The US Spill Prevention Act and Related Regulations (US 33 CFR)
1989 Exxon Valdez incident was instrumental in inspiring the passage of the Oil
Pollution Act of 1990. The OPA Increased significantly the liability of the
responsible party of an oil spill in U.S. waters and the Exclusive Economic Zone,
including liability for all environmental damage
For nations that have accepted, ratified IMO CLC convention the owner may limit
his liability to a certain amount per gross tonnage. This liability for oil pollution
will be well within the Protection and Indemnity (P&I) Insurance with a standard
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Oil Operation Mgt. NORWEGIAN MARITIME FOUNDATION OF THE PHILIPPINES, INC
Under OPA 90 the internationally accepted limitations have been set aside leaving
the responsible party for a vessel from which the oil is discharged to be exposed
to unlimited liability that will only have an insurance coverage of $500 + $200
million.
Witness Tampering
Is when a person or company knowingly uses intimidation or physical force to
influence testimony, causes or induces a witness to withhold testimony, or alters,
destroys, conceals, and/or evades the legal process in connection with an ongoing
investigation of pollution and/or illegal discharge incidents then, he/she is
criminally liable.
Willful Blindness
A person also may be criminally liable under the doctrine of willful blindness. If a
person is aware that there is a high probability that criminal activity is occurring,
but that person deliberately avoids learning the truth about the activity, then that
person may be considered to have acted knowingly for purposes of criminal
liability under the willful blindness doctrine.
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During the 1990s, the United States use of criminal penalties to enforce
environmental laws, particularly as related to the maritime industry, was viewed
by the rest of the world as heavy handed and unnecessary. Today, however, like
the US, many countries are using criminal enforcement as an important tool in
their effort to protect the environment and achieve compliance through
deterrence. The historical inclination of regulatory authorities to emphasize
compliance over punishment is changing and punishment is increasingly taking a
greater role in environmental enforcement.
The proposal is an effort by the EC to stop the discharge of waste, including cargo
residue, from ships in EU and international waters. Specifically, the directive
provides detailed rules for the discharge of polluting substances, including oil and
chemicals, and makes any violation of those rules illegal in EU waters. In
addition, the proposed directive prohibits pollution on the high seas, irrespective
of the flag of the ship.
This directive has drawn much criticism from the shipping industry. In response
to the directive, INTERTANKO, the International Chamber of Shipping, the
European Community Shipowners Association and the Oil Companies
International reacted on the above-mentioned directive.
Marine Forum have submitted a joint position paper to the European Parliament
highlighting potential problems with the proposal, including concern that some of
the criminal sanctions outlined in the directive would undercut internationally
agreed standards and be in direct conflict with the International Convention for
the Prevention of Pollution from Ships (MARPOL) and the United Nations
Convention on the Law of the Sea. This newfound aggressiveness of the EU rivals
that of the US, which has been criminally prosecuting environmental cases against
the maritime industry since the mid-1990s and continues to do so, more
aggressively than ever, through the United States Department of Justices (DOJ)
Vessel Initiative. The DOJ continues to focus on the maritime industry.
Government officials warn that the Vessel Initiative will continue until the
number of referrals dwindles to zero and has recently stated that the pollution
problem is so rampant and so pervasive within the maritime community that it
has ramped up enforcement and is prosecuting cases up and down all US coasts.
Low Capacity is mainly used for bilging of engine room spaces onboard all ships
above 400 GRT operating in a range of 15ppm. This is the system that is most
common known by port state inspectors. It consists of a bilge water separator with
a bilge alarm unit.
High Capacity is used onboard oil tankers above 150 GRT and above operating
in a variable range of ppm for bilging of pump room spaces, slop tanks and clean
ballast tanks.
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Overboard
O
Bilge Transfer Pump W
S
Type Approved
MEPC.60 (33)
Bilge Holding Tank Separated Oil Tank
Return line
Type Approved
MEPC.60 (33)
Bilge Holding Tank Separated Oil Tank
Return line
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3. The latest update of the requirements for type approval of bilge separators and
bilge alarm is laid down in MEPC Resolution 107(49) Revised guidelines
and specifications for pollution prevention equipment for machinery spaces.
Adopted on July 18, 2003 and is valid for equipment installed on or after
January 1, 2005.
Required oil content in the effluent discharge: 15 ppm (but can handle
emulsion)
Operational Requirements for 15 PPM Bilge Separators with 15 PPM Bilge Alarm
based on MEPC. 107(49):
Equipment installed have to be type approved
based on this resolution
Type approval certificate have to be onboard
SOPEP manual have to be onboard
IOPP certificate to be onboard
Calibration certificate for the 15 PPM bilge
alarm
Oil Record Book I
To prevent tampering:
9 Every access of the 15ppm Bilge Alarm beyond the essential requirements of
paragraph 4.2.8 requires the breaking of a seal.
9 The 15ppm Bilge Alarm should be so constructed that the alarm is always
activated whenever clean water is used for cleaning or zeroing purposes.
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Operational requirements for ODME separator with Bilge Alarm and Control
Equipment based on MEPC. 108(49)
The Bilge Water Monitoring Equipment (OCM) and Oil Discharge Monitoring
Equipment (ODME) must never be mixed up. ODME is only for use with slop and
ballast water.
***