**Executive Summary**
This document, DGS Order No. 02 of 2018, issued by the Directorate General of Shipping, outlines the assessment of port reception facilities in India. It emphasizes the importance of MARPOL compliance to prevent marine pollution, and mandates annual assessments of all major and non-major ports to ensure the availability and adequacy of port reception facilities. Assessments are to begin from 1st April 2018 for major ports and 1st May 2018 for non-major ports, with reporting deadlines of 30th April and 1st August, respectively.
**Key Points / Main Content**
* **MARPOL Compliance and Port Reception Facilities:**
* India is a signatory to MARPOL, an international convention aimed at minimizing pollution from ships.
* The ability of ships to comply with MARPOL Annexes I, II, IV, V, and VI depends on the availability of adequate port reception facilities.
* MARPOL mandates that all parties ensure the provision of adequate facilities at ports and terminals.
* **Assessment of Port Reception Facilities:**
* All major and non-major ports in India will be assessed annually starting from 1st April 2018.
* Assessments will cover the availability and adequacy of port reception facilities, including the verification of onshore treatment, storage, and disposal management of waste.
* Assessments must adhere to the provisions of the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, and related rules.
* **Responsibilities and Reporting:**
* The Director General of Shipping directs the Principal Officers of Mercantile Marine Departments to start assessments of major ports from 1st April 2018.
* Principal Officers must send a consolidated assessment report for each major port to the directorate by 30th April of every year.
* Assessment of non-major ports should begin from 1st May 2018, with Principal Officers sending reports to the directorate by 1st August of every year.
* Deputy Conservators of ports or equivalent officers are to prepare their respective ports for assessment.
**Impact Analysis**
**Stakeholder: Major and Non-Major Ports**
* **Impact**: Required to undergo annual assessments of their port reception facilities to ensure compliance with MARPOL. They must also adhere to the requirements of the Water and Air Acts regarding waste management.
* **Action Required**: Prepare for impending assessments by Deputy Conservators of ports, offer ports for the said assessment to the concerned Principal Officer, and ensure compliance with MARPOL and related environmental regulations.
**Stakeholder: Principal Officers, Mercantile Marine Departments**
* **Impact**: Responsible for conducting assessments of ports within their jurisdiction and submitting consolidated reports to the Directorate General of Shipping.
* **Action Required**: Start assessments of major ports from 1st April 2018 and non-major ports from 1st May 2018. Submit consolidated reports for major ports by 30th April and for non-major ports by 1st August.
**Stakeholder: Directorate General of Shipping**
* **Impact**: Oversees and enforces the implementation of MARPOL provisions related to port reception facilities. Responsible for reviewing assessment reports and ensuring compliance across all ports.
* **Action Required**: Review assessment reports submitted by Principal Officers and take necessary actions to address any deficiencies or non-compliance issues.
**Stakeholder: Ships Visiting Indian Ports**
* **Impact**: Potentially impacted by the availability and adequacy of port reception facilities. Ensuring facilities are available enables ships to fully comply with discharge requirements of MARPOL, and prevents undue delays.
* **Action Required**: Expected to utilize the port reception facilities provided and comply with MARPOL regulations regarding waste discharge.
Key Entities Referenced
MARPOL: International Convention for the Prevention of Pollution from Ships, addressing marine pollution by ships from operational or accidental causes.
Merchant Shipping Act, 1958: An Indian law addressing maritime issues, including pollution from ships and the provision of port reception facilities.
Directorate General of Shipping: The administrative body responsible for shipping matters in India, including MARPOL implementation and supervision.
Ministry of Shipping: The Indian government ministry overseeing maritime affairs.
Mercantile Marine Departments: Subordinate offices responsible for assessing ports' compliance with MARPOL regulations.
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DGS Order No. 02 of 2018 frB
21 2018
N O. E N 6/ PO Rr-28 l7l I 2OL6 DArEf6.O2.2Ot8
subject: -Assessment of Port Reception Facilities
l. f a vast network of backwaters, estuaries,
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creeks, lagoons, mangrove and coral reefs. These coastal and marine waters of lndia
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are inhabited with more than 5000 species. There is a necessity to protect and conserve
these coastal and madne habitats from all man-made production activities. Amone I
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various sources of pollution, the pollution from ships in various dimensions, adversely
devastating I
impacting the flora and fauna and it is considered as one ofthe most
The most-wide ranging and comprehensive legislation for the control, ashore and I
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afloat, of waste arising from shipping activities is the Intemational Convention on the
I
Prevention of Pollution from Ships (MARPOL). The objective of the measures detailed
in MARPOL are to regulate and minimise pollution from ships by oit and other I
harmful substances (chemicals, sewage, garbage, Ozone-depleting substances' etc) by I
providing specific requirements for the handling and discharge of ship generated I
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wastes at high sea and in ports and harbours. India is a signatory to this Intemational
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Convention and all its Annexes.
The ability of ships to fully comply with the discharge requirements of Annexes I, II,
IV, V and VI of MARPOL is dependent upon the availability of adequate port
reception facilities. To make sure the availability of such reception facility, MARPOL
puts an obligation on part of alt parties to the Convention to ensure provision of
adequate facilities at ports and terminals to meet the needs of ships using them, without
causing undue delay.
4. The provision of adequate port reception facilities as a means for preventing pollution
can-not be emphasized more with the recent GOI thrust on use of waterways as a
means of transport by way of coastal shipping and Inland shipping as it is more fuel-
Page 1 of 1efficient and environmental-friendly and capable of easing traffic congestion on road
and railway. Therefore, there is an urgent need to ensure that all the existing ports are
adequately provides the required port reception facilities for the ship generated wastes
without causing any delay or difficulty to the ships calling their ports.
5. Section 356 of the Merchant Shipping Act, 1958, also put the onus of firlfilment of
MARPOL requirements for the provision of adequate port reception facilities to the
satisfaction of Central Govemment on ports, harbours and terminal operators.
6. The Merchant Shipping Act, 1958 designates the Director General of Shipping as the
administrative head of the Maritime Administration and thus is responsible for all
matters related to shipping under MS Act 1958. This includes supervision and control
ofimplementation of various Intemational regulations relating to safety of ships
(SOLAS 74 as amended), prevention of pollution (MARPOL as amended) and other
conventions of IMO to which India is a party.
7. Further, as required by mandatory IMO III Code (Implementation of IMO
Instruments), the Indian Maritime Administration shall be audited by auditors from
Intemational Maritime Organization in the year 2021-2022 for determining the extent
to which India has given full and complete effect to her obligations and
responsibilities contained in all those lntemational Conventions of IMO, to which
India is a signatory. Availability and adequacy of Port reception facility under
MARPOL is one of the key areas of concem for IMO as seen from the III audit
reports of other Maritime Administrations.
8. Honourable Minster of Shipping, Shri Nitin Gadkari, during his review meeting
with ports held in November 2017 at Goa has directed the Director General to
ensure adequacy of reception facilities in various ports across India.
9. The Honourable Supreme Court (SC) in Writ Petition (Civil) No 657 of 1995
(Research Foundation for Science Technology National Resources Policy Vs Union
of India and others), has given an Order on 14th October 2003, related to Hazardous
Wastes Management in the country. The Court constituted a Monitoring Committee
and ordered that this Committee shall oversee that the court directives are
implemented timely and quarterly reports shall be filed. Accordingly, in 2008, Shri
Gopal Subramanium, then Additional Solicitor General has recommended to Ministry
of Shipping to notifr regarding availability of reception facilities at the various ports
as requ ed under MARPOL 73178 Convention. He had further recornmended that
ships should only be allowed in those ports where waste oils could be discharged
ashore from ships.
10. In order to fulfil its responsibility for effective supervision and control of the
provisions of MARPOL, it is decided that all major and non-major ports shall be
assessed every year with effect from l't April 2018 for the availability and adequacy
of Port reception facilities including the methodology on the verification on ashore
treatrnent, storage and disposal management of waste received from ships in
compliance with the provisions of the Water (Prevention and Control of Pollution)
Act,1974 and the Air (Prevention and Control of Pollution) Act, 1981 and rules made
there-under and as amended from time to time including the "Hazardous and Other
Page { of e-@
Wastes (Management and Transboundary Movement) Rules, 2016", framed under
Environment (Protection) Act, 1986, published by the Ministry of Environment,
Forest and Climate Change.
1 1 . In pursuant to above, the Director General of Shipping hereby directs the Principal
Officer, Mercantile Marine Departments to start assessment of all major ports under
their jurisdiction with effect ftom l't April 2018 to ensure that the ports are in
compliance with the provisions of MARPOL with respect to port reception facilities.
12. Consequently, the Principal Officer of Mercantile Marine Depafiments, henceforth in
March every year shall send a consolidated assessment report for each major port to
the directorate by 30e April of every year.
13. Similarly, the assessment of all non-major ports under their jurisdiction to be started
from l't May 2018 and thereafter in April every year and concemed Principal Officer
shall send a complete report to the directorate for each minol port by l't August every
year.
14. The Deputy Conservator of ports ot equivalent oflicer is hereby informed to prepare
respective ports for impending assessment and offer for the said assessment to the
concemed Principal Offi cer, Mercantile Marine Department, accordingly.
,J-;w"t
(Amitabh Kumar)
AdditionalDirector General of Shipping
To,
Department,
1. The Principal Officer, Mercantile Marine
rroy)-
Mumbai/Kolkata/Chennai/Kandla/Cochin (To be distributed to all^maior ports).
2. The Surveyor-in-Charge, Mercantile Marine Department,
Goa/JamnaBar/Port Blair/Visakhapatnam/Tuticorin/Delhi/Haldia/Paradip/Mangalore
(To be distributed to atffia]or ports).
3.
All Major Ports.
4.
All classification Societies.
5. lndian National Shippers Association (INSA), Mumbai.
6.
ICC Shipping Association (ICCSA), Mumbai.
7.
All Shipping Companies.
8. Nlt6/css/Addl. D-G/ sr. Ps to DG.
9.
Hindi Cell for Information.
10. 6uard File.
11. Computer Cell for uploading on the official website.
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