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

Today's article is about one of the resolutions adopted by the 79th Marine Environment Protection Committee (MEPC 79) in 2023. This is the second resolution documented in Malaysian Shipping Notice, MSN 08/2023. The resolution amends Regulation 8 and Regulation 10 of the MARPOL Annex V concerning regional reception facilities within Arctic waters and Garbage Record Book. The amendment will enter into force on 1 May 2024.

These Amendments to MARPOL Annex V are similar to those found for Annex IV for the purposes of consistency, see previous IMSML Website Article 25/2024 for this deja vu. In particular, a new Paragraph 3 for Regulation 8 on ‘Reception Facilities’. These provisions are for States with unique circumstances and require practical arrangements to satisfy the legal requirements, for example:

[1] Small island developing States;

[2] States which have coastlines bordering Arctic waters. These arrangements are only for ports of those States within Arctic waters for.

This deja vu continues with the mandatory requirement to develop a ‘Regional Reception Facilities Plan’ for States participating in a ‘regional arrangement’. These States have to take into account IMO Guideline in the developmental process. It is mandatory for Participating States to consult IMO with respect to the following:

[1] How IMO Guidelines are taken into account when developing ‘Regional Reception Facilities Plan’;

[2] Particulars of the identified ‘Regional Ships Waste Reception Centres’ and these comply with IMO Guidelines;

[3] Particulars of ports with only limited facilities.

There are also amendments to Regulation 10 on placards, garbage management plans and garbage record-keeping.

[1] A new first sentence for Paragraph 3 contains the following content:

[a] Applicable to every ship 100 gross tonnage and above;

[b] Ships certified to carry 15 or more persons;

[c] These are persons engaged in voyages to ports or terminals under the jurisdiction of another party to the Convention;

[d] Mandatory for every fixed or floating platform to be provided with a Garbage Record Book.

[2] A new Paragraph 3.6 which provides for the following:

[a] The new provision applies to any discharge or accidental loss (referred to in Regulation 7 of the Annex);

[b] The events in [a] above shall be recorded in the Garbage Record Book;

[3] A different arrangement is made for ships of less than 100 gross tonnage;

[d] An entry shall be made in the ship’s logbook of the date, time, port, position of the ship at the time of the discharge or loss. Where possible, this should include details of:

[i] latitude;

[ii] longitude;

[iii] water depth;

[iv] reason for the loss or discharge;

[v] details of the items discharged (ie including estimated amount and its categories);

[vi] Precautions taken to minimise he discharge;

[vii] general remarks.

Thank you for reading IMSML Website Article 26/2024

Stay tuned for the next IMSML Website Article 27/2024: Resolution MEPC.361(79) - Amendments to MARPOL ANNEX VI

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,  30 April 2024

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