The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78) was endorsed by the UAE and has taken effect as of 14 April 2007. Federal Decree No. 74 for the year 2006 was issued confirming the joining of the UAE to the Convention and attaching the full text of the convention to it. MARPOL 73/78 applies to oil tankers, cruise ships, general cargo and container vessels, tugs, ferries, yachts, and small pleasure craft.
The objective of the Convention is to reduce the volume of harmful materials entering the world's ocean and the marine environment. Ships have traditionally discharged all of their wastes into the sea. In the past, this waste was mainly foodstuffs, timber, packaging material, ship's gear and lost cargo. More recently it has included oils, chemicals, plastics and other material which may float, are not bio-degradable, are extremely resistant and deteriorate very slowly.
Signing this Convention, the UAE has put itself at par with the most industrialised countries which have both signed and sanctified the Convention. This shows an appreciation of the potential benefits of the Convention to the country, promoting tourism and protection and sustainability of the marine environment to preserve an irreplaceable natural resource.
MARPOL 73/78 includes regulations aimed at preventing and minimising, both accidental and operational, pollution from ships and currently includes six technical Annexes.
Annex I
Regulation for the Prevention of Pollution by Oil
This is regarded as one of the most important annexes of the Convention and it prescribes the criteria in relation to oil discharge namely, that operational discharge of oil from tankers are allowed only when certain conditions are met and in certain areas. "Special Areas" have been designated which are considered to be so vulnerable to pollution by oil that oil discharges within them are completely prohibited, with minor and well defined exceptions. Oil-carrying ships are required to be capable of operating the method of retaining oily wastes on board through the open "load on top" system or for discharge to shore reception facilities.
Annex II
Regulating for the Control of Pollution by Noxious Liquid Substances
This section details the discharge criteria and measures for the control of pollution by noxious liquid substances carried in bulk. The discharge of residue of listed substances is allowed only to reception facilities until certain concentrations and conditions are complied with. In any case, no discharge of residues containing noxious substances is permitted within 12 miles of the nearest land.
Annex III
Prevention of Pollution by Harmful
Substances in Packaged Form This contains general requirements for the issuing of detailed standards on packaging, marking, labeling, documentation, stowage, quantity limitations, exception and notification for preventing pollution by harmful substances.
Annex IV
Prevention of Pollution by Sewage from Ships
This annex requires the ships to be equipped with either a sewage treatment plant or a sewage comminuting and disinfecting system or sewage holding tank. The discharge of sewage into the sea is prohibited except when the ship has an approved sewage treatment plant or is discharging comminuted and disinfected sewage using an approved system at a distance of more than 3 nautical miles from the nearest land; or is discharging sewage which is not comminuted or disinfected at a distance of more than 12 nautical mile from the nearest land.
Annex V
Prevention of Pollution by Garbage from Ships
This deals with different types of garbage and specifies the distances from land and the manner in which they may be disposed of. The requirements are much stricter in a number of "Special Areas" but perhaps the most important feature of the annex is the complete ban imposed on the dumping into the sea of all forms of plastic.
Annex VI
Prevention of Air Pollution from Ships
The regulations in this annex set limits on sulfur oxide and nitrogen oxide emission from ship exhaust and prohibit deliberate emissions of ozone depleting substances.
As part of putting the Convention into effect, a ministerial resolution was issued forming a national committee headed by the National Authority for Communications and made of representatives from Sea Ports, Supreme Petroleum Council, ADNOC, Federal Environment Agency and the Environment Agency in Abu Dhabi to remove obstacle and establish mechanism for implementing and enforcing the Convention.
Although the UAE even prior to the signature of the Convention was operating in a manner which is following the spirit of the Convention, the implementing and enforcement of the Convention will have its challenges.
MARPOL 73/78 requires that countries provide adequate reception facilities in all of their ports, harbors, and anchorages.
The reception of oily wastes from vessels requires a facility that can remove the water from the received waste and then dispose of the result in oils. Where there is an adjacent oil refinery or oil recycling plant this is usually not a problem, but where no such facilities exist disposing of oil can be very difficult.
All countries must meet the cost of providing port reception facilities, as well as maintaining and operating them and disposing of the collected wastes in an environmentally sound manner.
Garbage is simpler to manage. The normal practice is to place a dumpster (skip) on each berth and for the port to haul the dumpsters to the adjacent municipal landfill site.
Sewage can be collected from the ship with a mobile vacuum tanker (or barge) and, where permissible, discharge into the municipal system.
The Convention places a lot of emphasis on the provision of reception facilities.
This is crucial for the effective MARPOL implementation and would therefore be crucial to have proper and effective guidelines assisting managers of commercial ports, mariners, boat harborers and administering authorities to ensure the provision of facilities and services for the reception of wastes from vessels.
Local guidelines would have to be established as Best Practice Guidelines for waste reception facilities at ports, mariners and boat harbors in the UAE.
These would need to be followed and used as guidelines by all ports in the UAE.
Such Guidelines shall provide information relating to ongoing management, as well as for the planning and establishment of new services and facilities. The Guidelines would set out practices which reduce or prevent the generation of waste, the direct reuse of waste materials for the same grade of use and using valuable components of waste in other processes.
The Guidelines would also set out the planning and design of the services.
For example, waste reception facilities can be provided at a regional or site specific level. If the requirement for the specific type of facilities does not justify multiple facilities in a particular region or location, arrangements should be put in place to make other adequate and viable installations available. The guidelines should provide the basic requirements of planning, design, construction and operation and maintenance of such facilities.
Managers of commercial ports should become familiar with the Guidelines for Ensuring the Adequacy of Port Waste Reception Facilities adopted by IMO resolution MEPC.83(44) and with the Comprehensive Manual on Port Reception Facilities published by the IMO. Training and education and public information programs suited for all seafaring communities under the jurisdiction would have to be implemented.
Regulations regarding Shipping Port Waste Reception Facilities would also need to be issued which would form the basis of operation of port waste reception facilities.
To conclude, even with the proper implementation of MARPOL 73/78, the main issue still remains, the ultimate fate of the waste. Where possible, waste should be segregated for reuse or partially treated to a reusable state rather than being sent for disposal. Recycling is of course the preferred option to disposal.
Waste treatment might be required prior to reuse recycling or disposal which means the need for treatment facilities either at the reception facility or at other facilities to which a waste contractor deliver the waste.
By Reem Abdullah Maritime, Aviation & Insurance Department
© Al Tamimi & Company 2007
