IMSML Website Article 25/2024: MEPC.359(79), AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973, AS MODIFIED BY THE PROTOCOL OF 1978 RELATING THERETO - Amendments to MARPOL ANNEXES I, II and IV, Regional reception facilities within Arctic waters and Form of IOPP Certificate and Supplements

This article is about the first subject-matter listed in Annex 1 of the Malaysian Shipping Notice (MSN) 8/2023. MSN 8/2023 deals with RESOLUTIONS ADOPTED BY THE 79th SESSION OF THE MARINE ENVIRONMENT PROTECTION COMMITTEE (MEPC 79). In particular, it documents Resolution MEPC.359(79), ie amendments to MARPOL ANNEXES I, II, and IV on Regional reception facilities within Arctic waters and Form of IOPP Certificate and Supplements. These amendments come into force on 1 May 2024.

Part A - Amendments to MARPOL ANNEX I

There is now a new Paragraph 4 of Regulation 38, that deals with Reception Facilities within Arctic Waters. It authorises certain arrangements which are the only practical options available for contracting States' unique circumstances. In particular:

[1] small islands developing states, see Regulation 38.4.1;

[2] states that have coastlines bordering Arctic Waters. The proviso is that such regional, see Regulation 38.4.2. 

Those participating  in a regional arrangement are under a mandatory duty to develop a 'Regional Reception Facilities Plan (RRFP), see Regulation 38.4. RRFP have to take into guidelines developed by the International Maritime Organisation (IMO), see Regulation 38.4.

The new Regulation 38.4 requires the Government of each Party that is participating in the RRFP scheme, are under a mandatory duty to consult IMO, and circulate the following to other participating States:

[1] How IMO guidelines are taken into account in developing RRFPs;

[2] Taking into account IMO guidelines for the identified Regional Ships Waste Reception Centre (RSWRC);

[3] Particulars of ports with only limited facilities.

There is a new Regulation 38.6 which recognises that certain States may have unique circumstances, where certain arrangements are the only practical means to satisfy legal requirements, in particular:

[1] Small island developing States; AND 

[2] States which have a coastline bordering Arctic waters.

Note, this regional arrangements only apply to the Arctic waters of those States.

The new Regulation 38.6 also makes it mandatory that to develop a 'Regional Reception Facilities Plan'. This of course requires consultation with IMO on the following:

[1] The Regional Reception Facilities Plan would have to demonstrate how it took into account the Guidelines developed by IMO; 

[2] How Guidelines developed by IMO are identified in the Regional Ships Waste Reception Centres;

[3] For port with limited facilities, it particulars.

Part B - Appendix II

Appendix II contains the Form of IOPP Certificate and Supplements, ie Form B of the Supplement to the International Oil Pollution Prevention Certificate (IOPP Certificate). There is a new 'title' for Section 5 which now reads:

'Construction (Regulations 18, 19, 20, 21, 22, 23, 26, 27, 28 and 33'.

Part C - Amendments to MARPOL ANNEX II

Regulation 18 on 'Reception facilities and cargo unloading terminal arrangements', has a new Paragraph 3. States are permitted by the new Paragraph 3 to satisfy the requirements of Paragraphs 1,2 and 6 through 'regional arrangements'. The justification for this is that these States have 'unique circumstances' which require unique practical means to satisfy those requirements. Just like Regulation 38, the new Regulation 18(3) recognises the unique circumstances of:

[1] Small island developing States;

[2] States with coastlines bordering Arctic waters.

Note, that these regional arrangements only cover ports of a State that are within Arctic waters.

Just like Regulation 38, the new Paragraph 3 of Regulation 18, also requires participating State to take into account IMO Guidelines when developing a 'Regional Reception Facilities Plan'. It is mandatory for each State Party to consult IMO and its Guidelines for its:

[1] Regional Reception Facilities Plan;

[2] Regional Ships Waste Reception Centres;

[3] Particulars of those ports with only limited facilities.

Part D - Amendments to MARPOL Annex IV

The provisions in the new Regulation 18(3) are repeated in Regulation 12 (on 'Reception Facilities' in the context of MARPOL Annex IV.

Thank you for reading IMSML Website Article 25/2024

Stay tuned for the next IMSML Website Article 26/2024: AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION

OF POLLUTION FROM SHIPS, 1973, AS MODIFIED BY THE

PROTOCOL OF 1978 RELATING THERETO, MARPOL ANNEX V, Regional reception facilities within Arctic waters and Garbage Record Book

Signing-off for today,

Dr Irwin Ooi Ui Joo, LL.B(Hons.)(Glamorgan); LL.M (Cardiff); Ph.D (Cardiff); CMILT

Professor of Maritime and Transport Law

Head of the Centre for Advocacy and Dispute Resolution

Faculty of Law

Universiti Teknologi MARA Shah Alam

Selangor, Malaysia

Tuesday,  23 April 2024

Note that I am the corresponding author for the IMSML Website Articles. My official email address is: uijoo310@uitm.edu.my