Home India Ministry of Ports, Shipping and Waterways Prohibition on use of Single Use Plastics...
Date: 2019-10-16 Category: DGS Order State: Union Government Country: India

Prohibition on use of Single Use Plastics

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

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Executive Summary & Key Takeaways

**Executive Summary** This DGS Order No. 05 of 2019, issued by the Directorate General of Shipping, Mumbai, dated 16th October 2019, prohibits the use of single-use plastics on Indian and foreign ships in Indian waters. The order was issued in response to national and international efforts to reduce marine pollution. The order takes effect in two stages, with some items banned immediately and others banned from 1st January 2020. **Key Points / Main Content** * **Applicability:** * Applies to all ships deemed Indian ships under the Merchant Shipping Act, 1958. * Applies to foreign ships in any port or place in India. * **Prohibitions:** * **Immediate Effect:** * Cutlery, plates, and cups. * Bottles up to 10 litres for water and other drinks. * Garbage and shopping bags. * Dispensing containers for cleaning fluids less than 10 litres. * **Effective 1st January 2020:** * Bags, trays, containers, food packaging film. * Milk bottles, freezer bags, shampoo bottles, ice cream containers. * Bottles for water and other drinks, dispensing containers for cleaning fluids, biscuit trays. * Hot drink cups, insulated food packaging, protective packaging for fragile items. * Microwave dishes, ice cream tubs, potato chip bags, bottle caps. * **Enforcement:** * Recognized Organizations to ensure compliance during surveys, inspections, and audits of Indian ships. * Administration Surveyors to verify non-use of single-use plastics on Indian ships during Flag State Inspections/Audits/Surveys. * Non-compliance results in a deficiency to be rectified before departure. * Administration Surveyors to ensure foreign flag vessels do not use single-use plastics during Port State Inspections. * Foreign ships entering Indian ports must log "Single Use Plastic Items" and their storage location. * No discharge of single-use plastics to port reception facilities. * No detention of foreign ships, deficiencies rectified prior to departure; however, handwritten deficiencies to be issued on printed PSC Form 'B'. **Impact Analysis** **Stakeholder: Indian Ship Owners** * **Impact:** Must ensure their ships comply with the ban on single-use plastics. * **Action Required:** Remove prohibited items, educate crew, and prepare for inspections/audits. **Stakeholder: Foreign Ship Owners** * **Impact:** Must comply with the ban while in Indian waters and ports. * **Action Required:** Remove prohibited items, log plastic items on board, and prepare for inspections. **Stakeholder: Recognized Organizations** * **Impact:** Required to enforce the ban during inspections, surveys, and audits of Indian ships. * **Action Required:** Update inspection procedures and ensure surveyors are trained on the new regulations. **Stakeholder: Administration Surveyors** * **Impact:** Responsible for verifying compliance during Flag State and Port State Inspections. * **Action Required:** Enforce the plastic ban according to the directive and carry out their duties in accordance with the enforcement guidelines set out in the order. **Stakeholder: Crew of Indian and Foreign Ships** * **Impact:** Affected by the restrictions on the use of single-use plastics onboard. * **Action Required:** Comply with the new regulations and adapt to the use of alternatives. **Stakeholder: Indian Ports** * **Impact:** Responsible for ensuring that no single-use plastics are discharged from ships to port reception facilities. * **Action Required:** Update reception facility procedures and ensure personnel are trained on the new regulations.

Key Entities Referenced

Merchant Shipping Act, 1958: Indian legislation governing maritime activities, essential for understanding the scope of ships regulated by the order. Directorate General of Shipping (DGS): Ministry of Shipping's body responsible for administering the Merchant Shipping Act, 1958 in India and enforcing the order. Single Use Plastics: The key subject of the order, outlining specific items prohibited on Indian and foreign ships in Indian waters. India: The order applies to ships within Indian ports and territorial waters; the policy's geographical scope. MARPOL ANNEX V: International regulations for the prevention of pollution by garbage from ships, referenced for maritime regulatory frameworks.
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./,d\. (@r . qTEI TF-6[Ti GOVER MENT OF IiIOIA Hr qKI qTIiIE{ q;Nd{I / MINISTRY OF SHIPPING g< frT6q rorfteeTmq, DIRECTORATE GENERAL OF SHIPPING, MUMBAI F.No. ENG.OPP-38(02)/19 Dated 1 6th Octob€r, 2019 DGS Order No. 05 of 2019 Sub.: Prohibitlon on use of Sinqlo Use Plastica lntroductlon: Whereas thc object of the Merchant Shipping Act, 1958, as amended is to foster the ,Je-velopment oI shippilrg and ensure the safe & elhcient Indian mercantile marine in a maruler best suit(-d to serve the national intercsts; 2. whereas the Directorate General of Shipping [DGS]' Ministry of Shipping, Govt of India is the designated maritime administration of the counrry to administer the Merchant Shipping Act, 1958, as arnended, as facilirator and regulator ofthe merchant shipping in lndra: 3. Whereas. lhe United Nations Environmenl Programme (UNEP) is the leading global environmcntal authority that sots the global environmental agenda' promotes the coherent implementation of the environmental dimension of sustainable develop ent rvirhin thc United Nations system. and serves as an authoritativc advocatc tbr the glohal environmenl: 4. Whereas. over the years Irtdia has actively collaborated in the \ ork of the UNEP' inc)uding for the prevention of marine pollution; 5. Whereas. as per the 2OI8UNEP repon titled Single-use plostics- A Roadmap for Sustainahiltty. singlc-usc plastics are also knolvn as disposable Plastics like plastio bags. straws. coffee srirrers- soda and water bottles and food packaging, which are used l only once before rhey are thrown away or recycledl :. 6. Whereas, the aforesaid reporl highlighted the ubiquitous nature of plastic fbr berng one of rhe greatest cnvironrncnlal challcngcs thal chbkes marine life transt'orfiing somc manne areas lnto a Plastic soup: A,a frfu,r, efi dE-d, grr{ Ri6 }Ht +qr,6r-*-,iq nc, fri{nrf ($) gai_rooorz _ gth Floor, EETA Building, l-Think Techno Campus, Kanjur Vi age Road, Kaniurmarg (E), Mumbai-4OOO42 illttet No . +g1-22-257s 2uU1ru3 *fltFax-- +s1-22-2575 zozs3s g-tf,/Emait: doshio-dosani" i. #/w""*". *?. According to [nternational Clean-up Report,2017, the most common finds during intemational coastal clean-ups are. in ordq of magnitude' cigarette butts, plastic beverage bottles, plastic bottle caps, food wrappers, plastic grocery bags, plastic lids, staws and stirrers. glass beverage boftles, other kinds of plastic bags. and foam take-awa) conlainers' Singte-use plastics took most ofthe spols in this list of top ten 8. Whereas. as per the 2018 t NEP report, Single-use plaslics - A Roadmqp fot Sustainobility: "Plastic pollution is a defining challenge of our times. Single-use throw away plastics are the biggest cont.ibutd every year! millions of plastic bags end up in the environment, thus polluting soil, water bodies, rivers oceans " 9. Whereas, according lo lntemational Maritime Organization, Marine litter presents a huge problem in our ocears, with some scientists warning that, by 2050, thc quantlty of plastics in the oceans will outweigh fish. 10. Whereas prohibition of discharging plastic at sea is not alien to maritime regulatory frameworks- ll. Whereas anecdolal accounts suggest the prevalence of wilful dumping of litter (plastic boftles, bags etc.) overboajd by seafarers and that the lack of proper education and management has lead the seafarers to inevitably use single-use plastic products and discard them in a non-responsible manner; 12, Whereas. to avoid such practices IMO adopted Resolution MEPC.295(71)12017: Guideljnes for the implementation ofMARPOL ANNEX V on 7'h July 2017. 13. Whereas during the lndependence Day speech on Aug. 15,2019, Hon'ble Prime Minister had urged people and govemmcnt agencies to "take the first big step" on October 2,2019 rouards fieeing lndia ofsingle-use plastic. 14. whereas inline with the Hon'ble Prime Minister's call to the people and the govemment agencies, the Director General of Shipping decided to examine the issue of prohibiting the usage ofsingle-use plastics on Indian ships and foreign ships while such ships are in Indian waters. 15. Whereas, a stakeholders meeting was convened at Directomte on 29d August 2019 under the chairmanship of Director General of Shipping and Additional Secretary to Go1'1. of India. The meeting was atlended by representatives of lnditur National Ship Owner Association, Indian Coastal Shipping Associarion and Recog!ized Organizations.16. whereas in the said meeting it was decided that with effect from 2nd October 2019 all possible clfbrts will be made by thc Indian shipping to contribute lowards achicving the goal ofmaking India and lndian waters free from Single use plastic. 17, Now therefore, in Iarger public interest a ban is imposed on single use plastic on lndian ships and foreign ships while in Indian wate6, as per terms and conditions mentioned under succeeding paragraphs. 18. Applicabilitv of ban: 18.1. All Ships which are deemed to be Indian Ships under Merchant Shipping Act, 1958. 18.2. Foreign ships in any port or place in lndia. 19. Prohibitions: 1e.1. !!s-proh!b!!sdJ.e.!.9!.0!@U Following Single use plastics are prohibited to be used on board lndian ships and l" foreign ships when such ships are at a pon or place in India with effeot from Janusry 2020: l9.l.1. Bags, trays, containers, food packaging fllm; 19.1.2. Milk bottles, freezer bags, shampoo bottles, ice cream containers; 19.1.3. Bottles for water ard other drinks, dispensing containers for cleaning fluids, biscuit trays; 19.1.4. Hot drink cups, insulated food packaging, protective packaging for fragile items: 19.1.5. Microwave dishes. ice cream tubs, potato chip bags, bottlc caps: 19.2. ltems prohibited with Impnediate effect 19.2.1. Cutlery. plates and cups; 19.2.2.Up-to 10 litres bottles for water and other drinks; 19.2.3. Garbage and shopping bags, ard 19.2.4. Dispensing conlainers for cleaning fluids which are less than 10 lirres volume.20. EE&E9E9g!: 20.I.AII Recognized Organizations are here by directed to ensure during surveys, inspcction and audits oflndian ships that: 20.l.l.Single use plastics are not found used/stored on board any Indian ship. A Memo to the same efTect to be iNerted in the Survey status of ships. 20.2 Adminisfation Surveyors while conducting Flag State Inspectror/Audit/Survey of tndian ships to vcrify that Singlc use plastics are neither used and nor available on Indian ships. ln case of non-compliance! a dehciency rais€d lo be reclified prior lf departue under Code 99103 (Other MARPOL Operational). same deficiency is repeated during next inspection, it may be taken as a clear grcund for detention under ISM Code. 20.3. Admlnistration Surveyors while carrying out Port State Inspection of foreign flag vessels to ensue that Single use plastics aJe not in use and are kept locked in a store during their stay in lndian ports a.nd on their passage through the te itorial waters of India. A foreign ships intending to enter an Indian port (as defined in Anicle l1 of TNCLOS), is required to make a log entry identirying rhe "Single Use Plastic Items" on board the ship and stating the time, latitude and longitude when" along with the location of the store where these items are stored prior entering Indian tenitorial waters. Fwther no strgle use plastic irems to be dischalggd to port reception facility at an Indian port; same to be verified during Pon State Inspections. 20.4. No detention of foreign ships to be enforced. In case it is found necessary, after uploading all other deficiencies on IOCIS website. a handwritten deficiency in rhe printed PSC Form 'B' to be rectified prior departure may be issued; however. no such deficielcy to be uploaded on IOCIS. The foregoing measures have been put in place to ensure safe, secure, environmentally sound. sustainable shipping and in public inreresr. 22. This order shall come into force with immediare effect. Jlffi.h,r,r/ Direclor Ceneral of Shipping & Additional Secretary to the Gol.To; 1. All the stakeholders through DGS website 2. All Mercantile Marine Departments 4 All Recognised Organisations 5. lndian Pons Association 6. Indian National Ship-ounen Association UNSAI, Mumbai. 8. ICC Shipping Association UCCSAI, Mumbai Copy for kind inlbrmation to: The Secretary to the Govemment oflndi4 Ministry of Shipping, Transpon Bhawan, 1. Parliament Street, Ncw Delhi 110001. [Attn.: Shri Satinder Pal Singh, Joint Secretary]

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