marpol_annex_v_2.pdf

7/29/2019 MARPOL_Annex_V_2.pdf

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Guidance on the revised MARPOL Annex V

entering into force 1 January 2013.

The chain of responsibilities for implementation of the revisedMARPOL Annex V is extended among others to include:

Shippers and charterers - obliged to properly declare whether cargoesand/or any cleaning agents supplied are being classed as Harmful to theMarine Environment (HME)

Ports and terminals - to provide adequate port reception facilities within

special areas and/or when handling cargoes classified as being Harmful tothe Marine Environment (HME)

In light of our industrys experiences with IMO Members States not honoringtheir obligations under MARPOL to ensure that adequate and affordable

reception facilities are provided for, the above-mentioned responsibility ofports and terminals could be expected to be a long process in order to meetthe full implementation of the revised MARPOL Annex V requirements by allparties.

For additional inquiries related to MARPOL Annex V or Solid Bulk cargoes orother marine technical matters, please contact [email protected]
mailto:[email protected]:[email protected]


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Extracts from the revised MARPOL Annex V related to cargo residues:

Regulation 1 - Definitions

2 Cargo residues means the remnants of any cargo which are not covered byother Annexes to the present Convention and which remain on the deck or in

holds following loading or unloading, including loading and unloading excessor spillage, whether in wet or dry conditions or entrained in wash water butdoes not include cargo dust remaining on the deck after sweeping or dust onthe external surfaces of the ship.

5 En route means that the ship is underway at sea on a course or courses,including deviation from the shortest direct route, which as far as practicablefor navigational purposes, will cause any discharge to be spread over asgreat an area of the sea as is reasonable and practicable.

12 Operational wastes means all solid wastes (including slurries) not covered

by other Annexes that are collected on board during normal maintenance oroperations of a ship, or used for cargo stowage and handling. Operationalwastes also include cleaning agents and additives contained in cargo holdand external wash water. Operational wastes does not include grey water,bilge water, or other similar discharges essential to the operation of a ship,taking into account the guidelines developed by the Organization.


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Regulation 4 - Discharge of garbage outside special areas

1 Subject to the provisions of regulations 5, 6, and 7 of this Annex,discharge of the following garbage into the sea outside special areas shallonly be permitted while the ship is en route and as far as practicable from

the nearest land, but in any case not less than:

1.3 12 nautical miles from the nearest land for cargo residues thatcannot be recovered using commonly available methods for unloading.

These cargo residues shall not contain any substances classified asharmful to the marine environment, taking into account guidelinesdeveloped by the Organization.

2 Cleaning agents or additives contained in cargo hold, deck and externalsurfaces wash water may be discharged into the sea, but these substances

must not be harmful to the marine environment, taking into accountguidelines developed by the Organization.


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Regulation 6 - Discharge of garbage within special areas

1.2 Discharge of cargo residues that cannot be recovered using commonlyavailable methods for unloading, where all the following conditions aresatisfied:

2.1 Cargo residues, cleaning agents or additives, contained in hold

washing water do not include any substances classified as harmful tothe marine environment, taking into account guidelines developed bythe Organization;

1.2.2 Both the port of departure and the next port of destination arewithin the special area and the ship will not transit outside the specialarea between those ports;

1.2.3 No adequate reception facilities are available at those portstaking into account guidelines developed by the Organization; and

1.2.4 Where the conditions of subparagraphs 2.1, 2.2 and 2.3 of thisparagraph have been fulfilled, discharge of cargo hold washing watercontaining residues shall be made as far as practicable from the nearest

land or the nearest ice shelf and not less than 12 nautical miles from thenearest land or the nearest ice shelf.

2 Cleaning agents or additives contained in deck and external surfaces washwater may be discharged into the sea, but only if these substances are notharmful to the marine environment, taking into account guidelinesdeveloped by the Organization.


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MARPOL Annex V Special Areas

* The Special Area requirements for these areas have not yet taken effect because of lack ofnotifications from MARPOL Parties whose coastlines border the relevant special areas on the

existence of adequate reception facilities (regulations 38.6 of MARPOL Annex I and 5(4) of MARPOL

Annex V).


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Regulation 8 - Reception facilities

1 Each Party undertakes to ensure the provision of adequate facilities atports and terminals for the reception of garbage without causing unduedelay to ships, and according to the needs of the ships using them.

2 Each Party shall notify the Organization for transmission to theContracting Parties concerned of all cases where the facilities provided underthis regulation are alleged to be inadequate.

3 Reception facilities within special areas

.1 Each Party, the coastline of which borders a special area, undertakesto ensure that as soon as possible, in all ports and terminals within thespecial area, adequate reception facilities are provided, taking intoaccount the needs of ships operating in these areas.

.2 Each Party concerned shall notify the Organization of the measurestaken pursuant to subparagraph 3.1 of this regulation. Upon receipt ofsufficient notifications the Organization shall establish a date from whichthe requirements of regulation 6 of this Annex in respect of the area inquestion are to take effect. The Organization shall notify all Parties of thedate so established no less than twelve months in advance of that date.Until the date so established, ships that are navigating in a special area

shall comply with the requirements of regulation 4 of this Annex asregards discharges outside special areas.


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Hold Washing Water & Cargo Residues

Cargo residues and hold washing water can still be discharged into the sea ifcertain criteria are fulfilled i.e. the discharge is done outside a MARPOL

Annex V special Area or the cargo in question is not classified as Harmful tothe Marine Environment (HME).

Residues of cargoes classified as HME are not allowed to be dischargedand have to be delivered to a port reception facility. Ships carrying cargoclassified as HME are likewise not allowed to pump hold bilges overboard.

Deliveries of HME cargo residues and hold washing originating from HMEcargoes have to be fully proven and documented in the ships garbagerecord book.

The Guidelines include definitions for HME for both cargoes and cleaningagents

Shippers must declare whether a cargo is or is not HME in the declarationrequired by section 4.2 of the IMSBC Code.

Cleaning agents can be discharged into the sea if declared or proven notharmful to the marine environment. The ships should have on boarddocumented evidence from the producer(s) of the cleaning agent(s) that

the criteria for not being harmful to the marine environment are met.


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Implementation of MARPOL Annex V - Provisional classification ofsolid bulk cargoes under the revised MARPOL Annex V between 1January 2013 and 31 December 2014

The IMO Marine Environment Protection Committee (MEPC) after havingconsidered the challenges associated with the classification of solid bulkcargoes and discharge of associated cargo residues in accordance with therequirements of the revised MARPOL Annex V recognized that a transitionalperiod for the implementation of this aspect of MARPOL Annex V wouldgreatly facilitate maritime trade of solid bulk cargoes.

The MEPC agreed that such a transitional period for the implementation ofthis aspect of MARPOL Annex V only would contribute with minimal additionalrisk to the marine environment and agreed to issue the MEPC1. Circular791 related to the implementation of the revised MARPOL Annex V and in

particular the need for provisional classification of solid bulk cargoes underthe revised MARPOL Annex V between 1 January 2013 and 31 December2014.


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BIMCO Members are reminded of the BIMCO Hold Cleaning/ResidueDisposal Clause For Time Charter Parties

a) The Charterers may request the Owners to direct the crew to sweepand/or wash and/or clean the holds between voyages and/or betweencargoes against payment at the rate of . per hold, provided the crew isable safely to undertake such work and is allowed to do so by localregulations. In connection with any such operation the Owners shall not beresponsible if the Vessel's holds are not accepted or passed. Time forcleaning shall be for the Charterers account.

b) All materials (including chemicals and detergents) required for cleaning ofcargo holds shall be supplied by and paid for by the Charterers.

c) Throughout the currency of this Charter Party and at redelivery, the

Charterers shall remain responsible for all costs and time, includingdeviation, if any, associated with the removal and disposal of cargo relatedresidues and/or hold washing water and/or chemicals and detergents and/orwaste as defined by MARPOL Annex V, Regulation 1 or other applicable rulesrelating to the disposal of such substances.


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List of references:

Revised MARPOL Annex V

2012 Guidelines for the Implementation of MARPOL Annex V

MEPC.1/Circ.791 Implementation of MARPOL Annex V: Provisionalclassification of solid bulk cargoes under the revised MARPOL Annex Vbetween 1 January 2013 and 31 December 2014

MEPC.1/Circ.469/Rev.1 Revised Consolidated Format for Reporting AllegedInadequacies of Port Reception Facilities

The Global Integrated Shipping information System (GISIS) - an onlinedatabase providing access to among others information related to PortReception Facilities and Contact Points

Please note that users have to register in order to be granted accessand use of the GISIS that likewise have supersede a number of IMOcirculars and documents!

For further information and registration please go to the GISIS websitehttp://gisis.imo.org/Public/Default.aspx

For further information please visit www.bimco.org
http://gisis.imo.org/Public/Default.aspxhttp://www.bimco.org/http://www.bimco.org/http://gisis.imo.org/Public/Default.aspx

marpol_annex_v_2.pdf

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