INTERNATIONAL AGREEMENT
International Agreement: The International Convention for the Prevention of Pollution from Ships (MARPOL)
The International Convention for the Prevention of Pollution from Ships (MARPOL) is the key international agreement to prevent marine environment pollution caused by ships’ operational and unintended activities (IMO, 2019). Although adopted in 1973, this Convention was not enforced until the Protocol was formulated in 1978 as a result of a series of ships accidents in 1976–1977. Both frameworks were combined and implemented starting 1983. The MARPOL 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, enforced since 31 December 1988, specifically addresses the issue of plastic dumping from ships: ‘The disposal into the sea of all plastics, including but not limited to synthetic ropes, 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 priority of protection due to their oceanographical and ecological status: Mediterranean Sea, Baltic Sea, Black Sea, Read Sea, the Gulfs area, North Sea, Antarctic Sea, and the Wider Caribbean Region. Regulation 9 requires ships with a certain load to have a waste management plan that covers waste collection, storage, process, and disposal. The ships must also provide a garbage record book to record discharge operations and incineration along with their schedules.
Brunei Darussalam, Cambodia, China, Indonesia, Japan, Malaysia, Myanmar, the Philippines, 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
International Agreement: The International Convention for the Prevention of Pollution from Ships (MARPOL) - (Table 1)
| 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:
Approved on 18 February 1991, this amendment recognises the North Sea as a special area of protection.
Approved on 17 March 1992, this amendment designates the Antarctic Sea as a special area of protection.
Approved on 01 April 1993, this amendment designates the Wider Caribbean as a special area for protection.
Approved on 03 March 1996, this amendment focuses on governance of port state for practical requirement.
Approved on 01 July 1997, this amendment includes regulations about placards, garbage management plans, and garbage record-keeping, where every ship must have notification about disposal requirements, conduct a comprehensive garbage plan, and provide a garbage record book.
Approved on 01 March 2002, this amendment further defines terms of ‘nearest land’, which is closely related with territorial sea. It also includes categories of plastic and types of garbage that cannot be disposed into the sea.
Approved on 01 August 2005 (IMO, 2019), this amendment includes additional information about garbage category and notes for garbage disposal recording process.
Approved on 01 January 2013, this amendment compiles previously amended regulations.
Approved on 01 August 2013 (IMO, 2019), this amendment contains requirements of regional arrangements for visiting ships.
Approved on 01 January 2016 (IMO, 2019), this amendment provides a chapter on verification of compliance, comprising audit processes for Annex implementation.
Approved on 01 January 2017, this amendment 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.
Approved on 01 March 2018, this amendment 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 is formulated, explaining criteria for solid bulk cargoes and garbage record book form.
References
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