The International Convention for the Prevention of Pollution from Ships (MARPOL) is the key international agreement on preventing marine environment pollution caused by ships' operational and unintended activities (IMO, 2019). Although adopted in 1973, the Convention was not enforced until the Protocol was formulated in 1978 as a result of a series of ship accidents in 1976-1977. Both frameworks were combined and implemented in 1983. The Convention consists of the following:
Annex I Regulation for the Prevention of Pollution by Oil
Annex II Regulations for the Control of Pollution by Noxious Liquid Substance in Bulk
Annex III Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form
Annex IV Prevention of Pollution by Sewage from Ships
Annex V Prevention of Pollution by Garbage from Ships
Annex VI Prevention of Air Pollution from Ships
Annex V, specifically addresses the issue of plastic dumping from ships, and has been enforced since 31 December 1988: ‘The disposal into the sea of all plastics, including but not limited to synthetic rope, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products which may contain toxic or heavy metal residues, is prohibited’.
Besides prohibition of plastic waste disposal, Regulation 3 number 2 of the Convention also calls for stricter regulations on mixed garbage discharge.
Under Annex V, special areas have protection priority due to their oceanographical and ecological status: Mediterranean Sea, Baltic Sea, Black Sea, Red Sea, the Gulf areas, North Sea, Antarctic Sea, and the Wider Caribbean Region. Regulation 9 requires ships with a certain load to have a waste management plan covering waste collection, storage, process, and disposal. The ships must also provide a garbage record book to record discharge and incineration along with their schedules.
Brunei Darussalam, Cambodia, China, Indonesia, Japan, Malaysia, Myanmar, the Philippines, the Republic of Korea, Singapore, and Viet Nam have ratified Annex V. Table 1 shows the status of ASEAN+3 countries regarding MARPOL Annex V.
Table 1. Status of ASEAN+3 countries on MARPOL Annex V.
Country | Date of deposit of acceptance | Date of entry into force or succession |
|---|---|---|
Brunei Darussalam (acceptance) | 25 April 2016 | 25 July 2016 |
Cambodia | 28 November 1994 | 28 February 1995 |
China | 21 November 1988 | 21 February 1989 |
Indonesia | 24 August 2012 | 24 November 2012 |
Japan | 09 June 1983 | 31 December 1988 |
Lao PDR | ||
Malaysia | 31 January 1997 | 01 May 1997 |
Myanmar | 05 April 2016 | 05 July 2016 |
Republic of Korea | 28 February 1996 | 28 May 1996 |
Singapore | 27 May 1999 | 27 August 1999 |
Thailand | ||
The Philippines | 15 June 2001 | 15 September 2001 |
Viet Nam | 19 December 2014 | 19 March 2015 |
Source: IMO (2019).
MARPOL Annex V has 12 amendments:
MEPC.36(28) Recognises the North Sea as a special area of protection, and was approved on 18 February 1991.
MEPC.42(30) Designates the Antarctic Sea as a special area of protection, and was approved on 17 March 1992.
MEPC.48(31) Designates the Wider Caribbean as a special area for protection, and was approved on 1 April 1993.
Conference Resolution 1-3 Focuses on port state governance for practical requirements, and was approved on 3 March 1996.
MEPC.65(37) Includes regulations on placards, garbage management plans, and garbage record-keeping, where every ship must have notification of disposal requirements, conduct a comprehensive garbage plan, and provide a garbage record book. It was approved on 1 July 1997.
MEPC.89(45) Further defines terms of nearest land is closely related with territorial seas, and also includes categories of plastic and types of garbage that cannot be disposed of into the sea. It was approved on 1 March 2002.
MEPC.116(51) Includes additional information on garbage categories and notes for the garbage disposal recording process. It was approved on 1 August 2005 (IMO, 2019).
MEPC.201(62) Compiles previously amended regulations, and was approved on 1 January 2013.
MEPC.216(63) Contains the regional arrangement requirements for visiting ships, and was approved on 1 August 2013 (IMO, 2019).
MEPC.246(66) Contains a chapter on the verification of compliance, comprising audit processes for Annex implementation, and was approved on 1 January 2016 (IMO, 2019).
MEPC.265(68) Includes a chapter on sailing ships in polar waters, and explains the polar code used for sailing ships in polar waters along with environment-related requirements. It was approved on 1 January 2017.
MEPC.277(70) Contains instructions for cargo disposal management where cargo, harmful or not, is discharged at a determined distance to protect the environment. Information on the recording process for cargo disposal and incineration is added to this amendment. A new appendix has been formulated, explaining criteria for solid bulk cargoes and garbage record book form. It was approved on 1 March 2018.
International Maritime Organisation (IMO) (1989), Resolution MEPC.36(28). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.36(28).pdf (accessed 16 October 2019).
IInternational Maritime Organisation (IMO) (1990), Resolution MEPC.42(30). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.42(30).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (1991), Resolution MEPC.48(31). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.48(31).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (1995), Resolution MEPC.65(37). (accessed 16 October 2019). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.65(37).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2000), Resolution MEPC.89(45). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.89(45).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2000), International Convention for the Prevention of Pollution from Ships MARPOL Version 1.0. https://www3.ufpe.br/engnaval/images/pdf/Normas/Marpol/marpol_7378_parta.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2004), Resolution MEPC.116(51). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-%28MEPC%29/Documents/MEPC.116%2851%29.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2011), Resolution MEPC.201(62). http://www.imo.org/en/OurWork/Environment/PollutionPrevention/Garbage/Documents/2014%20revision/RESOLUTION%20MEPC.201(62)%20Revised%20MARPOL%20Annex%20V.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2012), Resolution MEPC.216 (63). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-%28MEPC%29/Documents/MEPC.216%2863%29.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2014), Resolution MEPC.246 (66). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-%28MEPC%29/Documents/MEPC.246%2866%29.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO), (2015), Resolution MEPC.265 (68). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.265(68).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2016), Resolution MEPC.265 (68). https://www.mardep.gov.hk/en/msnote/pdf/msin1710anx2.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2019), Prevention of pollution by garbage from ships. http://www.imo.org/en/OurWork/Environment/PollutionPrevention/Garbage/Pages/Default.aspx (accessed 16 October 2019).
International Maritime Organisation (IMO) (2019), International Convention for the Prevention of Pollution from Ships (MARPOL). (accessed 16 October 2019). http://www.imo.org/en/About/Conventions/ListOfConventions/Pages/International-Convention-for-the-Prevention-of-Pollution-from-Ships-(MARPOL).aspx (accessed 16 October 2019).
International Maritime Organisation (IMO) (2019), Special areas under MARPOL. http://www.imo.org/en/OurWork/Environment/SpecialAreasUnderMARPOL/Pages/Default.aspx (accessed 16 October 2019).
International Maritime Organisation (IMO) (2019), Status of IMO treaties: Comprehensive information on the status of multilateral conventions and instruments in respect of which the International Maritime Organisations or its Secretary-General performs depositary or other functions. http://www.imo.org/en/About/Conventions/StatusOfConventions/Documents/Status%20-%202019.pdf (accessed 16 October 2019).
The International Convention for the Prevention of Pollution from Ships (MARPOL) is the key international agreement on preventing marine environment pollution caused by ships' operational and unintended activities (IMO, 2019). Although adopted in 1973, the Convention was not enforced until the Protocol was formulated in 1978 as a result of a series of ship accidents in 1976-1977. Both frameworks were combined and implemented in 1983. The Convention consists of the following:
Annex I Regulation for the Prevention of Pollution by Oil
Annex II Regulations for the Control of Pollution by Noxious Liquid Substance in Bulk
Annex III Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form
Annex IV Prevention of Pollution by Sewage from Ships
Annex V Prevention of Pollution by Garbage from Ships
Annex VI Prevention of Air Pollution from Ships
Annex V, specifically addresses the issue of plastic dumping from ships, and has been enforced since 31 December 1988: ‘The disposal into the sea of all plastics, including but not limited to synthetic rope, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products which may contain toxic or heavy metal residues, is prohibited’.
Besides prohibition of plastic waste disposal, Regulation 3 number 2 of the Convention also calls for stricter regulations on mixed garbage discharge.
Under Annex V, special areas have protection priority due to their oceanographical and ecological status: Mediterranean Sea, Baltic Sea, Black Sea, Red Sea, the Gulf areas, North Sea, Antarctic Sea, and the Wider Caribbean Region. Regulation 9 requires ships with a certain load to have a waste management plan covering waste collection, storage, process, and disposal. The ships must also provide a garbage record book to record discharge and incineration along with their schedules.
Brunei Darussalam, Cambodia, China, Indonesia, Japan, Malaysia, Myanmar, the Philippines, the Republic of Korea, Singapore, and Viet Nam have ratified Annex V. Table 1 shows the status of ASEAN+3 countries regarding MARPOL Annex V.
Table 1. Status of ASEAN+3 countries on MARPOL Annex V.
Country | Date of deposit of acceptance | Date of entry into force or succession |
|---|---|---|
Brunei Darussalam (acceptance) | 25 April 2016 | 25 July 2016 |
Cambodia | 28 November 1994 | 28 February 1995 |
China | 21 November 1988 | 21 February 1989 |
Indonesia | 24 August 2012 | 24 November 2012 |
Japan | 09 June 1983 | 31 December 1988 |
Lao PDR | ||
Malaysia | 31 January 1997 | 01 May 1997 |
Myanmar | 05 April 2016 | 05 July 2016 |
Republic of Korea | 28 February 1996 | 28 May 1996 |
Singapore | 27 May 1999 | 27 August 1999 |
Thailand | ||
The Philippines | 15 June 2001 | 15 September 2001 |
Viet Nam | 19 December 2014 | 19 March 2015 |
Source: IMO (2019).
MARPOL Annex V has 12 amendments:
MEPC.36(28) Recognises the North Sea as a special area of protection, and was approved on 18 February 1991.
MEPC.42(30) Designates the Antarctic Sea as a special area of protection, and was approved on 17 March 1992.
MEPC.48(31) Designates the Wider Caribbean as a special area for protection, and was approved on 1 April 1993.
Conference Resolution 1-3 Focuses on port state governance for practical requirements, and was approved on 3 March 1996.
MEPC.65(37) Includes regulations on placards, garbage management plans, and garbage record-keeping, where every ship must have notification of disposal requirements, conduct a comprehensive garbage plan, and provide a garbage record book. It was approved on 1 July 1997.
MEPC.89(45) Further defines terms of nearest land is closely related with territorial seas, and also includes categories of plastic and types of garbage that cannot be disposed of into the sea. It was approved on 1 March 2002.
MEPC.116(51) Includes additional information on garbage categories and notes for the garbage disposal recording process. It was approved on 1 August 2005 (IMO, 2019).
MEPC.201(62) Compiles previously amended regulations, and was approved on 1 January 2013.
MEPC.216(63) Contains the regional arrangement requirements for visiting ships, and was approved on 1 August 2013 (IMO, 2019).
MEPC.246(66) Contains a chapter on the verification of compliance, comprising audit processes for Annex implementation, and was approved on 1 January 2016 (IMO, 2019).
MEPC.265(68) Includes a chapter on sailing ships in polar waters, and explains the polar code used for sailing ships in polar waters along with environment-related requirements. It was approved on 1 January 2017.
MEPC.277(70) Contains instructions for cargo disposal management where cargo, harmful or not, is discharged at a determined distance to protect the environment. Information on the recording process for cargo disposal and incineration is added to this amendment. A new appendix has been formulated, explaining criteria for solid bulk cargoes and garbage record book form. It was approved on 1 March 2018.
International Maritime Organisation (IMO) (1989), Resolution MEPC.36(28). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.36(28).pdf (accessed 16 October 2019).
IInternational Maritime Organisation (IMO) (1990), Resolution MEPC.42(30). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.42(30).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (1991), Resolution MEPC.48(31). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.48(31).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (1995), Resolution MEPC.65(37). (accessed 16 October 2019). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.65(37).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2000), Resolution MEPC.89(45). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.89(45).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2000), International Convention for the Prevention of Pollution from Ships MARPOL Version 1.0. https://www3.ufpe.br/engnaval/images/pdf/Normas/Marpol/marpol_7378_parta.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2004), Resolution MEPC.116(51). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-%28MEPC%29/Documents/MEPC.116%2851%29.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2011), Resolution MEPC.201(62). http://www.imo.org/en/OurWork/Environment/PollutionPrevention/Garbage/Documents/2014%20revision/RESOLUTION%20MEPC.201(62)%20Revised%20MARPOL%20Annex%20V.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2012), Resolution MEPC.216 (63). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-%28MEPC%29/Documents/MEPC.216%2863%29.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2014), Resolution MEPC.246 (66). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-%28MEPC%29/Documents/MEPC.246%2866%29.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO), (2015), Resolution MEPC.265 (68). http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Marine-Environment-Protection-Committee-(MEPC)/Documents/MEPC.265(68).pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2016), Resolution MEPC.265 (68). https://www.mardep.gov.hk/en/msnote/pdf/msin1710anx2.pdf (accessed 16 October 2019).
International Maritime Organisation (IMO) (2019), Prevention of pollution by garbage from ships. http://www.imo.org/en/OurWork/Environment/PollutionPrevention/Garbage/Pages/Default.aspx (accessed 16 October 2019).
International Maritime Organisation (IMO) (2019), International Convention for the Prevention of Pollution from Ships (MARPOL). (accessed 16 October 2019). http://www.imo.org/en/About/Conventions/ListOfConventions/Pages/International-Convention-for-the-Prevention-of-Pollution-from-Ships-(MARPOL).aspx (accessed 16 October 2019).
International Maritime Organisation (IMO) (2019), Special areas under MARPOL. http://www.imo.org/en/OurWork/Environment/SpecialAreasUnderMARPOL/Pages/Default.aspx (accessed 16 October 2019).
International Maritime Organisation (IMO) (2019), Status of IMO treaties: Comprehensive information on the status of multilateral conventions and instruments in respect of which the International Maritime Organisations or its Secretary-General performs depositary or other functions. http://www.imo.org/en/About/Conventions/StatusOfConventions/Documents/Status%20-%202019.pdf (accessed 16 October 2019).
