Home India Ministry of Ports, Shipping and Waterways Amendments to MARPOL Convention...
Date: 2024-02-14 Category: MS Notice State: Union Government Country: India

Amendments to MARPOL Convention

Issued by Ministry of Ports, Shipping and Waterways · Directorate General of Shipping

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Executive Summary & Key Takeaways

**Executive Summary** Merchant Shipping Notice 05 of 2024, issued by the Directorate General of Shipping, Mumbai, on February 12, 2024, addresses amendments to the MARPOL Convention. It intends to provide guidance regarding amendments in force since the 2010 notification of M.S Prevention of Pollution by Oil from Ships Rules. Stakeholders are required to comply with the mentioned regulations to give full effect to the International Convention for the prevention of pollution from ships, 1973, including its Protocol of 1978. **Key Points / Main Content** * **MARPOL Amendments:** * The notice addresses various amendments to MARPOL Annexes I, II, III, IV, and V. * These amendments cover regulations related to oil pollution prevention, noxious liquid substances, harmful substances in packaged form, and other environmental concerns. * Specific resolutions and their effective dates are listed in Annexure-I, Annexure-II, and Annexure-III, along with brief descriptions of their content. * **Oily Water Separators and 15 PPM Alarm Systems:** * Rule 14 requires oily water separators and alarms to be of a design approved by the Central Government. * Indian ships must have type-approved 15 PPM Oily Water Separators and alarms conforming to specific IMO guidelines based on installation dates. * Details on the validity and calibration of 15ppm bilge alarms during IOPP surveys are specified. * **Oil Discharge Monitoring and Control System:** * Oil tankers of 150 GT & above shall be equipped with an Oily discharge and monitoring device of a design approved by the Central Government. * Instruction manuals are required for the operation and maintenance of the oil discharge monitoring and control systems. * Requirements for Type Approved ODMCS in accordance with IMO Guidelines are detailed. * **Oil Water Interface Detectors:** * Oil tankers of 150 gross tonnage and above shall be equipped with oil/water interface detectors * Detectors should conform to Resolution MEPC.5 (XIII). * **Shipboard Oil Pollution Emergency Plan:** * Oil tankers of 150 gross tonnage and above and ships other than oil tankers of 400 gross tonnage and above are required to have an oil pollution emergency plan approved by the Central Government. * **Crude Oil Washing Systems:** * Crude oil tankers of 20,000 tonnes deadweight and above must have a cargo tank cleaning system using crude oil washing. * The system shall meet the requirements detailed in MS Notice 15 of 2023. * Equipment must be Type Approved, and the Recognized Organization must ensure compliance with Rule 33. **Impact Analysis** **Stakeholder: The Principal Officer/ Mercantile Marine Department** * **Impact:** Responsible for ensuring compliance within their respective jurisdiction. * **Action Required:** Adherence to the guidelines issued, as it is their responsibility to enforce and oversee compliance with MARPOL regulations within their designated maritime regions. **Stakeholder: The Surveyor-in-charge, Mercantile Marine Department** * **Impact:** Responsible for ensuring compliance within their respective jurisdiction. * **Action Required:** Adherence to the guidelines issued, as it is their responsibility to enforce and oversee compliance with MARPOL regulations within their designated maritime regions. **Stakeholder: All Recognised Organizations** * **Impact:** Responsible for conducting surveys and certification as per the MARPOL Convention. * **Action Required:** Must ensure all ships under their purview comply with the amendments and updated regulations. **Stakeholder: CS/NA/Dy.CSS** * **Impact:** Their role and responsibilities are not directly outlined in the document. * **Action Required:** The document specifies their role requires that they action and ensure the communication of these guidelines. **Stakeholder: Hindi Cell** * **Impact:** Ensure that the notice is available to all stakeholders. * **Action Required:** Required to provide a Hindi translation of the notice. **Stakeholder: Computer Cell** * **Impact:** Ensure that the notice is available to all stakeholders. * **Action Required:** Required to upload the notice on the DGS website. **Stakeholder: All Stakeholders** * **Impact:** All parties affected by MARPOL regulations. * **Action Required:** Review and comply with the amendments outlined in the notice, ensuring that their operations and equipment align with the updated standards to prevent marine pollution.

Key Entities Referenced

MARPOL Convention: International Convention for the Prevention of Pollution from Ships, 1973, including its Protocol of 1978 and its amendments. Merchant Shipping Act, 1958: Indian law incorporating the MARPOL Convention and defining its application to Indian vessels. Merchant Shipping (Prevention of Pollution by Oil from Ships) Rules: Indian rules that implement the MARPOL Convention. Directorate General of Shipping, Mumbai: The issuing authority of the Merchant Shipping Notice related to amendments to the MARPOL Convention. IMO: International Maritime Organization which issues various amendments to MARPOL.
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Whereas, the Merchant Shipping Act, 1958, as amended incorporates the Convention and is defined in Section 356 B 9 (e) as "lnternational Convention for the prevention of pollution from ships, 1973, including its Protocol of 1978 as amended from time to time. Further, the mandatory Codes as indicated in the Convention and its amendments from time to time is in effect and applicable to the vessels. Whereas, the Merchant Shipping Act, Part Xl A, Section 356 A to 356 O to provides legislative provisions and powers for the implementation of various requirements under the MARPOL Convention on all lndian and foreign vessels. Whereas, the Recognised organizations (RO) were notified vide notification dated 26th December, 2014, and as indicated, an agreement is entered into with each RO to carry out surveys and certification as per the Convention. Noting that, IMO has issued various amendments to MARPOL time to time which is annexed to this order at "Annexure-|, Annexure -ll, Annexure -lll. As defined in the Merchant Shipping Act, such amendments to the convention are already in effect and applicable to lndian vessels.Vide this MS Notice, the Directorate intends to issue guidance with respect to all the amendments which entered into force since the notification of M.S Prevention of pollution by Oil from Ships in 2010. The stakeholders are therefore required to be guided by this order and earlier order/circular/notices towards compliance with the provisions to give full effect to the "lnternational convention for the prevention of pollution from ships, 1 973, including its protocol of '1978', This is issued with the approval of the Director-General of shipping and comes into eflect fromthe date of issue ofthis notice. (.I S K ) Engineer and Ship Surweyor cum Deputy DGS (Tech.) To, 1. The Principal Officer/ Mercantile Marine Department, Mumbai/Kolkata/ Chennai/ Kandla/Kochi. 2. The Surveyor-in-charge, Mercantile Marine Department, Goa/Jamnagar/port Blair A/isakhapatnam /Tuticorin /Noida /Haldia/ Paradip /Mangalore. 3. All Recognised Organizations. 4. CS/NA/Dy.CSS 5. Hindi Cell with request to provide Hindi translation. 6. Computer Cell with request to upload on DGS website 7. All Stakeholders through DGS WebsiteAnnexureJ Date of entry Amendment Comments into force Resolution MEPC.186 (59) shall be applied to oil tankers (lndian or Foreign) of 150 gross tonnage and above engaged in the transfer of oil cargo between oil tankers at sea (STS operations) and their STS operations conducted on or after 1 April 2012 within the territorial sea, or the exclusive economic zone of lndia. The STS operations Plan required by Regulation 41 shall be for lndian Oil Tankers approved by Recognized Organization on behalf of lndian Maritime Adminiskation. e Chapter 8 The person in overall advisory control of STS Prevention of Pollution during operations shall be qualified to perform al 'l April2012: nsfer of Oil relevant duties, taking into account the argo between Oil qualifications contained in the best practice ankers) issued e Resolution guidelines for STS operations identified by the EPC.186 (59) Organization IMO Manual on Oil Pollution, Section 1, Prevention, 2011 edition, OCIMF Ship to Ship Transfer Guide for Petroleum, Chemical and Liquefied Gases, 2013 Edition and other international publications. Records of STS operations shall be retained on board for three years and be readily available for inspection by a Parties to the MARPOL Convention. The notification as required by Regulation 42 shall be made to DG Com centre. a Applied to Ships with respect to following and Amendments to regulations 't, 12, in addition to Merchant Shipping (Preventron '1 January 2011 13, 17 and 38 of of Pollution by Oil from Ships) Rules and as MARPOL Annex l, detailed in stated Resolution: Supplement to the \Date of entry Amendment Comments into force OPP Certificate Regulationl (Definitions) to t. n nd Oil Record include definitions of Oil Book Parts I and ll residu ide Resolution (sludge) Oil residue (sludge) tank, Oit EPC.187(59) bilge water and Oily bilge holding tank Regulation 12 - Tanks for oil residue (sludge) detailing new requirement for Oil residue (sludge) and oil residu (sludge) tank(s). t. Regulations 12, 13, 17 and 38 whe word "sludge" is replaced by the word "oil residue (sludge) and words "and other oil residues" are deleted. Amendments to the Supplement to th IOPP Certificate Form A (Ships other than Oil Tankers) and Form B (Oi Tankers) vide Annex 2 to the Resolution. Amendments to Oil Record Books Part 1 & ll vide Annex 3 to the Resolution. Resolution MEPC.189 (60) The Regulation 43 a Shall apply to all lndian Ships with the on Special exception of vessels engaged in securing the requirements for the use or carriage safety of ships or in a search and rescue 1August2011 of oils in the operation. Antarctic area adopted via addition of new Chapter 9 to MARPOL Annex I a Amendments to Form A and Form B ol 1 October 2014 Resolution Supplements to the IOPP Certificate under MEPC.235 (65) MARPOL Annex I tDate of entry Amendment Comments into force a Amendments to MARPOL Annex I o mandatory carriage requirements for stability instrument) a The waiver from the requirements Regulation 28(6) as detailed in n Resolution 1 January 2016 EPC.248 (66) Regulation 3.6 shall only be granted afte taking into account operational guidan provided in part 2 of the Gurdelrnes veification of damage stability requiremen for tankers (MSC. 1 /Circ. 1 461 ) esolution I March 2016 Amendment to regulation 43 EPC.256 67) to 1to 4 a Amendments Paragraphs o Regulation 12 Tanks for oil residues (sludge), Part A (Construction) of Chapter (Requirements for machinery spaces of all ships) a Applied to every ship of 400 gross tonnag and above except Paragraph 3.5 of this regulation need only be applied as far as is reasonabl Resolution 1 January 20'17 MEPC.266 (68) and practicable to ships delivered on o before 31 December 1979, as define in regulation 1.28.1 and Ships constructed before 1 Janua 2017 shall be arranged to comply with paragraph 3.3 of this regulation no later than the first renewal surve carried out on or after 1 January 2017 A new Chapter added after the existing chapte number 10 vide Resolution MEPC. 26b(68) soiution MEPC. 1 January 2017 65(68) "Chapter 11 - International Code for Ship Operating in Polar Waters"Date of entry Amendment Comments into force o The Amendments to Form A and Form B ol Supplements to the IOPP Certificate under MARPOL Annex I) a Amendment to regulation 3, 4, 14,15, 38 o Amendments to MARPOL Annex I (Form B ol Resolution 1 March 2018 the Supplement to the lnternational Oil MEPC.276 (70) Pollution Prevention Certificate Amendments to MARPOL Annex a I (Prohibition on the use and carriage for use Resolution 1 Novembet 2012 MEPC.329 (76) as fuel of heavy fuel oil by ships in Arctic waters) a Amendments to Regulation 28 - Subdivision and damage stability Chapter 4 Resolution 1 January 2024 MEPC.343 (78) (Requirements for the Cargo Area of Oil Tankers) a Form B of the Supplement to IOPP Certificate introducing new references in the title o1 section 5 "Construction". a Regulation 38 "Reception facilities", including Resolution the possibility for States, the coastline ol MEPC.359(79) 2022 Amendments which borders on Arctic waters, to enter into to Annex I 1 May 2024 regional arrangements for port reception "Regulations for the prevention of facilities. The 2012 Guidelines for the pollution by oi development of a regional reception facilities plan has been amended accordingly (Res. MEPC.363(79) adopted on 16 December 2022);Annexure-ll lnterpretations of Regulations 1. Unified lnterpretation MEPC.1/Circ. 867 be taken into account for Rute 1 (A) (12), 12,27 & 28 of Merchant Shipping (Prevention of po ution by Oit from Ships) Rules 2010. 2. Unified lnterpretation MEPC.1/Circ. 872 be taken into account for Rules 1(4X16) & 36.2.10 of Merchant Shipping (Prevention of Pottution by Oil from Ships) Rules 2010. Oily Water Separators and '15 PPM Alarm fitted on Oily Water Separators 3. Rule 14 of Merchant Shipping (Prevention of Pollution by Oil from Ships) Rules 2010 require Oily Water Separators and the alarm litted on Oily water separators (as required by this Rule) to be of a design approved by the Central Government taking into account the specifications recommended by the organizations. 4. To meet this requirements, the lndian ships are and have been fitted with Type Approved 15 PPM Oily Water Separators and alarms in accordance with following IMO Guidelines: i. All such equipment installed on ships after 1 January, 2005 will have to meet the Resolution MEPC 107(49) on "Revised Guidelines and Specifications for Pollution Prevention Equipment for Machinery Space Bilges of Ships" ii. Equipment installed on board on or after 14 November, 1978 and until 30 April 1994 shall have to continue to meet the IMO Resolution A.393(X) {Recommendations and international performance and test specifications for Oily Water Separating Equipment and Oil Content Meters) and as applicable; or iii. lf installed on board on or after 30 April, 1994 but before 1 January, 2005, it will have to continue to meet the guidelines and specifications found in MEPC Resolution 60(33) {Guidelines and Specifications for Pollutaon Prevention Equipment for Machinery Space Bilges) or the Resolution MEPC 205(62) {2011 Guidelines and specifications for add on equipment for upgrading NIEPC Resolution 60(33)-compliant oil filtering equipment). AA UThe equipment to be Type Approved by Recognized Organizations or accepted on transfer of Flag to lndia in accordance with DGS Order 6 of 2013 and the Formal RO Agreement. Any 1sppm oil water separators and bilge alarm, which previously met the standards found in either MEPC Resolution 60(33) or t[/O Resolution A.393(X) and which is found defective and is being replaced, after 1- Jan-2005 will have to be replaced by equipment meeting the new standards found in MEPC Resolution 107(49), as amended. The validity ofcalibration certificates ofthe 'lsppm bilge alarm should be checked at IOPP annual/intermediate/renewal surveys. The accuracy of 1sppm bilge alarms is to be checked by calibration and testing of the equipment conducted by a manufacturer or persons authorized by the manufacturer {ln case manufacturer is not available, RO may accept third party calibration based on verification of procedures and other control methodology) and should be done at intervals not exceeding five years after its commissioning, or within the term specifled in the manufacturer's instructions, whichever is shorter. Alternatively, the unit may be replaced by a calibrated 15 ppm bilge alarm. The calibration certificate for the 15ppm bilge alarm, certirying the date of the last calibration check, should be retained on board for inspection purposes. Oil discharge monito.ing and control syatem 5. Rule 31 of Merchant Shipping (Prevention of Pollution by Oil from Ships) Rules 2010 require Oil tankers of 150 GT & above shall be equipped with an Oily discharge and monitoring device to be of a design approved by the Central Government taking into account the specifications recommended by the organizations. lt also requires approved instruction manuals on the operation and maintenance of the various components comprising the oil discharge monitoring and controlsystem shall be provided which shall contain information on manual as well as automatic operation and shall be so drawn up as to ensure that at no time will oil be discharged except in compliance with the conditions specifled in rule 34. 6. To meet this requirements, the lndian ships are and have been fitted with Type Approved ODMCS in accordance with following IMO Guidelines: i. All such equipment installed on oil tankers the keels of which were laid, or at a similar stage of construclion, on or after 1 January, 2005 shall ,It- Umeet Resolution MEPC 108(49) {Revised Guidetines & Specifications for Oil Discharge, Monitoring and Control Systems for Oil Tankers). ii Equipment installed in other oil tankers the keels of which are laid, or in a similar stage of construction, before 1 January, 2005, should comply with either the requirements contained in the guidelines and specification adopted under Resolutions A.393(X), A.496(Xll), MEPC.13(19) and A.586(14) as applicable. iii The equipment to be Type Approved by Recognized Organizations or accepted on transfer of Flag to lndia in accordance with DGS Order 6 of 2013 and the Formal RO Agreement. Each oil tanker of 150 GT and above shall have on board an OOMCS Operational Manual approved either directly by this Administration or by a Recognized Organization on behalf of this Administration. MEPC Resolution 240(65), adopted on 17 May, 2013, further revised the guidelines and specifications for oil discharge monitoring and control systems for oil tankers (MEPC Resolution 108(49)) constructed on or after 1 January, 2005, carrying bio-fuels. On all oil tankers engaged in carriage of bio-fuel blends containing 7570 or more of petroleum oil on or afte l January, 2016, the Oil Content Meter shall have a type approval as by certificate modified MEPC Resolution 240(65). MSC- MEPC.2lotc.17 , provides guidelines for carriage of blends of petroleum oil and biofuels. Oil Water lnterface Detectors 7. Rule 32 of Merchant Shipping (Prevention of Pollution by Oil from Ships) Rules 2010 require oiltankers ofone hundred and fifty gross tonnage and above shall be provided with effective oil/water interface detectors of a design, approved by the Central Government, in accordance with the provisions of the Convention, for the rapid and accurate determination of the oil/water interface in slop tanks and in other tanks where the separation of oil and water is effected and from which it is intended to discharge the effluent directly into the sea. 8. To meetthis requirements, the lndian ships are and have been fitted with Type Approved Oil Water lnterface detectors in accordance with following IMO Guidelines: i. Resolution MEPC.s (Xlll) {Specifications for OilMater lnterface Detectors). [.-ii. The equipment to be Type Approved by Recognized Organizations or accepted on transfer of Flag to lndia in accordance with DGS Order 6 of 2013 and the Formal RO Agreement. Shipboard Oil Pollution Emergency Plan 9. Rule 32 of Merchant Shipping (Prevention of Potlution by Oit from Ships) Rutes 2010 require that every oil tanker of one hundred and fifty gross tonnage and above and every ship other than an oil tanker of four hundred gross tonnage and above shall carry on board a shipboard oil pollution emergency plan approved by the Central Government. Further these plans are to be developed taking into account guidelines for the development of shipboard oil pollution emergency plans adopted by the Organization. 10.To meet the above requirements; i. The plan must satisfy must meet the guidelines in Resolution MEPC. 54(32), as amended by Resolution MEPC.86 (44) or Resolution MEPC.85 (44) as amended by Resolution MEPC.137 (53). ii. Resolution A.851 (20) as amended by Resolution MEPC.138 (53), General Principles for Ship Reporting Systems and Ship Reporting Requirements, including Guidelines for Reporting lncidents lnvolving Dangerous Goods, Harmful Substances and/or Marine Pollutants must be incorporated into the Plan or referenced and made available on board. iii. The plan to be approved by Recognized Organizations or lndian Maritime Administration or accepted on transfer of Flag to lndia after required modifications in accordance with DGS Order 6 of 2013 and the Formal RO Agreement. Crude Oil Washing Systems 1'1. Rule 33 of Merchant Shipping (Prevention of Pollution by Oil from Ships) Rules 2010 require that: i. Every crude oiltanker of twenty thousand tonnes deadweight and above delivered after 1st June, 1982, as defined in sub-rule (34) of rule 1A, shall be fitted with a cargo tank cleaning system using crude oilwashing. ii. The crude oil washing installation and associated equipment and arrangements (including qualification of personnel) shall comply with the requirements specified by the Central Government on the basis of the specifications for Design, Operation and Control of Crude Oil Washing PSystems adopted by the Organisation and the safety aspects mentioned in these specifications. 12.To meet the above requirements: i. Crude Oil Washing Systems must meet the requirements detailed in IVS Notice 15 of 2023 {Guidance on "To the Satisfaction of Administration,, in IMO Conventions). ii. The equipment to be Type Approved by Recognized Organizations or accepted on transfer of Flag to lndia in accordance with DGS Order 6 of 2013 and the Formal RO Agreement iii. The Recognized Organization shall ensure that the system fully complies with the requirements of Rule 33 within one year after the tanker was first engaged in the kade of carrying crude oil or by the end of the third voyage carrying crude oil suitable for crude oil washing, whichever occurs later. iv. On transfer of Flag to lndia, the Certificate/Statement of compliance to Regulation 33 of MARPOL Annex I issued by a Recognized Organization on behalf of a Maritime Adminishation may be accepted. FAnnexure-tll Date of entry Amendment Comments into force 2022 Amendments to Annex ll a Regulation 18 "Reception facilities and cargo unloading terminal arrangements", "Regulations for the control of including the possibility for States, the pollution of coastline of which borders on Arctic waters, to enter into regional noxious liquid for port 1 May 2024 arrangements reception substances in bulk" facilities. The 2012 Guidelines for the of a development regional reception The amendments facilities plan has been amended adopted by accordingly (Res. lvlEPC.363(79) Resolution adopted on 16 December 2022) MEPC.359(79) on 16 December 2022 2022 Amendments to Annex ll "Regulations for the control of pollution of o Refinement of column C3, adding a sub- noxious Iiquid categorization (inhalation toxicity) to substances in provide a more realistic hazard profile for 1 bulk November the purposes of risk management; and - 2023 Resolution modifications to column E1 on MEPC.344(78) on flammability hazard ratings. 10 June 2022, modify Appendix I "Guidelines for the categorization of noxious liquid substances" due to the publication ofDate of entry Amendment Comments into force the revised GESAMP Reports and Studies No. 64, Consequential amendments to appendi 2016 (Annex ll) Ito MARPOL Annex ll (Guidelines for th amendments categorization of noxious 1 liquid (MEPC.270(6e)) September substances) related to the revised (Revised GESAMP 2017 GESAMP Hazard Evaluation Procedure Hazard Evaluation for Chemical Substances Carried b Procedure) Ships. 2015 (Annexes l, ll, lV and V) amendments (MEPC.265(68)) (Amendments to Amendments to make the environment MARPOL Annexes 1January2017 related provisions of the polar code l, ll, lV and V to mandatory. make the use of the environment- related provisions of the Polar Code mandatory) 2014 (Annex lll) amendments (MEPC.257(67)) Amendment to the appendix to Annex lll (Amendment to the to exclude radioactive materials from the appendix on 1 March 2016 scope of the criteria for the identification criteria for the of harmful substances in package form. identification of harmful substances in packaged form) h^ !Date of entry Amendment Comments into force 2014 (Annexes l, ll, lll, lV and V) amendments (MEPC.246(66)) a Amendments to Annexes l, ll, lll, lV and (Amendments to V to make use of the IMO lnstruments 1January2016 MARPOL Annexes lmplementation Code (lll Code) I, ll, lll, lVandVto mandatory. make the use of the lll Code mandatory) 2013 (Annexes I and ll) amendments - (MEPC.238(65)) a Amendments to make the Code for (Amendments to 1 January 2015 Recognized Organizations (RO Code) MARPOL Annexes mandatory. I and ll to make the RO code mandatory) 2012 (Annex ll) - amendments (MEPC.225(64)) (Amendments to to a Amendments replace Chapter 17 chapters 17, 18 (Summary of minimum requirements); and 19 of the Chapter 18 (List of products to which the lnternational Code 1 June 2014 Code does not apply); and Chapter 19 for the Construction (lndex of Products Carried in Bulk) of the and Equipment of IBC Code. Ships Carrying Dangerous Chemicals in Bulk (lBC Code) h.Date of entry Amendment Comments into force Revisions to various regulations to make 2010 (Annex lll) reference to relevant provisions in the amendments IMDG Code and expansion of the criteria 1 January 2014 (MEPC.1e3(61)) for the identification of harmful (revised Annex lll) substances in package form in the appendix to Annex lll. Note: The details of MEPC resolutions can be accessed from below mentioned link. httos:/ imo.oro/en/Knowl oeCentre/lndexofllt/ Resolutions/Pao es/MEPC.aspx \(n

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