Malaysian Shipping Notice MSN 10/2021 (PART 3), Resolution MEPC.330(76) - Amendments to MARPOL Annex I and IV (in force 1 November 2022)

Today's article is a continuation of what was written in IMSML Website Article 25/2022. That article was on regulation of Unmanned Non-Self-Propelled (UNSP) Barges under Annex VI. Today's article is also about UNSPs, but Resolution MEPC.330(76), the third Marine Environment Protection Committee (MEPC) at its 76th sitting, more specifically deals with amendments of both Annex 1 and Annex IV.

Resolution MEPC.330(76) amends Regulation 1, 3, 8 and 9 of Annex I of the International Convention for the Prevention of Pollution from Ships 1973, as amended by the 1978 Protocol (hereinafter referred to as MARPOL). That same Resolution also amends Regulation 1, 3, 6, 7 and Appendices of Annex IV. The combined effect of both amendments of both Annex I and IV is that UNSP Barges now enjoy exemptions from specific survey and certification requirements.

The Amendments to MARPOL Annex I

A new Regulation 1.40 provides defines a UNSP Barge as: [1] Not being propelled by mechanical means; [2] Carries no oil; [3] Has no machinery fitted that may use or generate oil residue (ie sludge); [4] Has no fuel tank, lubricating oil tank, oily bilge water holding tank and oil residue (sludge) tank; [5] Neither has persons, nor living animals on board.

There are changes to Regulation 3 which provide for 'Exemption and Waivers'. A new Regulation 3.2 stipulates that if any exemptions are given to a UNSP barge, it shall be indicated on the Certificate described by Regulation 7. A new Regulation 3.7 goes on to explain that a UNSP barge may be exempted from the requirements of Regulation 6.1 and 7.1. The maximum period of these exemptions are for a maximum of 5 years. However, there is a pre-requisite to be met. The UNSP Barge must undergo a survey to confirm that the conditions referred to in Regulations 1.40 to 1.45 of Annex I are met.

There are also changes to Regulation 8 which is titled 'Issue of endorsement of certificate by another Government'. The previous Regulation 8.4 is replaced by a brand new provision. The new Regulation 8.4 is a prohibition. If the UNSP or ship is entitled to fly the flag of a non-signatory state to MARPOL, no International Oil Pollution Prevention Certificate or UNSP Exemption Certificate may be issued.

More changes have been introduced to Regulation 9. The existing paragraph has been re-numbered as Regulation 9.1. This paves the way for the introduction of a brand new Regulation 9.2. This latter provision states that the International Oil Pollution Prevention Exemption Certificate of UNSP Barges shall be drafted in the model / sample provided for in Appendix IV of Annex I. Regulation 9.2 also adds that the certificate shall be in English, French or Spanish. The official language of a signatory state may also be used. This will be the deciding language should dispute or discrepancy arise.

The Amendments to MARPOL Annex IV

Regulation 1 on 'Definitions' has a new Regulation 1.16 which defines a UNSP Barge. Regulation 1.16.1 and 1.16.2 are similar to previous definitions by stipulating that: [1] There is no propulsion by mechanical means; and [2] Neither have persons nor living animals on board. However, the third and fourth requirements are unique to this definition: [3] Not used for holding sewage during transport; and [4] Has no arrangements that could could produce sewage, see Regulation 1.3 for definition.

Regulation 3 of Annex IV also gets a make over. Regulation 3 gets an expanded title, from 'Exceptions' to 'Exceptions and exemptions'. There is also a new Regulation 3.2 which introduces an exemption for the requirements of Regulations 4.1 and 5.1 by way of an International Sewage Pollution Prevention Exemption Certificate (ISPPEC) for UNSP Barges. This exemption may be for a maximum period of 5 years provided the UNSP Barge has undergone a survey.

Regulation 6 which is titled 'Issue of Endorsement of a Certificate by another Government' has a new fourth paragraph. Regulation 6.4 now bans the issuing of an International Sewage Pollution Prevention Certificate or UNSP (Barge) Exemption Certificate to any ship that is entitled to fly the flag of a non-contracting state.

The provision on 'Form of the Certificate' in Regulation 7 is renamed from merely 'Appendix' to 'Appendix 1'. This is due to the introduction of a new Appendix II which is now titled 'Form of Exemption Certificate for UNSP Barges'. A new Regulation 7.2 mandates that the format for the Exemption Certificate for UNSP Barges shall be in the format provided for in Appendix II. As usual, there are three mandated languages that may be used, ie English, French or Spanish. Where the official language of the issuing country is used, that language shall prevail if there is a discrepancy or dispute.

Thank you for reading IMSML Website Article 27/2022

Stay tuned for the next IMSML Website Article 28/2022:

Malaysian Shipping Notice MSN 10/2021 (PART 4), Resolution MEPC.331(76) - Amendments to the AFS Convention (in force 1 January 2023)

Signing-off for today,

Dr Irwin Ooi Ui Joo, LL.B(Hons.); 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

9 November 2022

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