MEPC.139(53) Guidelines for the Application of the Revised MARPOL Annex I Requirements to Floating Production, Storage and Offloading Facilities (FPSOs) and Floating Storage Units (FSUs)

Revoked by MEPC.311(73)

Resolution MEPC.139(53)

GUIDELINES FOR THE APPLICATION OF THE REVISED MARPOL ANNEX I REQUIREMENTS TO FLOATING PRODUCTION, STORAGE AND OFFLOADING FACILITIES (FPSOs) AND FLOATING STORAGE UNITS (FSUs)

(Adopted on 22 July 2005)

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

RECALLING Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Marine Environment Protection Committee (the Committee) conferred upon it by international conventions for the prevention and control of marine pollution,

NOTING that, at its forty-ninth session, the Committee approved the Guidelines for the application of MARPOL Annex I requirements for FPSOs and FSUs which were issued as MEPC/Circ.406 on 10 November 2003,

NOTING ALSO that, at the same session, the Committee recognized that similar guidelines would be needed for the revised MARPOL Annex I and instructed the Secretariat to prepare a draft MEPC resolution for the application of the revised MARPOL Annex I requirements to FPSOs and FSUs,

BEING AWARE that the revised MARPOL Annex I was adopted by resolution MEPC.117(52) and is expected to enter into force on 1 January 2007,

HAVING CONSIDERED, at its fifty-third session, the recommendation submitted by the Sub-Committee on Bulk Liquids and Gases to adopt the revised Guidelines, as adapted to the layout and numbering of the revised MARPOL Annex I,

1. ADOPTS the Guidelines for the application of the revised MARPOL Annex I requirements to FPSOs and FSUs, the text of which is set out in the Annex to this resolution; and

2. INVITES Governments to apply the Guidelines as soon as the revised Annex I enters into force.

Annex.

GUIDELINES FOR THE APPLICATION OF THE REVISED MARPOL ANNEX I REQUIREMENTS TO FPSOs AND FSUs

1. The Marine Environment Protection Committee, at its forty-ninth session (14 to 18 July 2003), recognizing the necessity to provide appropriate guidance for the application of MARPOL Annex I requirements to floating production, storage and offloading facilities (FPSOs) used for the offshore production and storage of oil, and floating storage units (FSUs) used for the offshore storage of produced oil, approved the Guidelines for application of MARPOL Annex I requirements to FPSOs and FSUs. The Guidelines were issued as MEPC/Circ.406 on 10 November 2003.

2. The Committee, recognizing that similar guidelines would be needed for the revised MARPOL Annex I, agreed to their adaptation to the new layout and numbering system of the revised MARPOL Annex I. Thus these Guidelines are intended to replace the Guidelines issued as MEPC/Circ.406 and it is recommended that contracting Governments give effect to their provisions as soon as the revised MARPOL Annex I enters into force.

3. The purpose of these Guidelines is to provide for uniform application of the revised MARPOL Annex I adopted by resolution MEPC117(52) to Floating Production, Storage and Offloading facilities (FPSOs) and Floating Storage Units (FSUs) that are used for the offshore production and storage or for offshore storage of produced oil.

4. The Marine Environment Protection Committee, at its forty-ninth session (14 to 18 July 2003), noted the complex issues involved in applying the requirements of MARPOL Annex I to FPSOs and FSUs, whose arrangements, functions and operations fall under the over-riding control of coastal States.

5. In addition, the Committee found that the role of FPSOs and FSUs in operation does not include transport of oil. Accordingly, FPSOs and FSUs are a form of floating platform and do not lie within the definition of oil tanker in regulation 1.5 of the revised MARPOL Annex I. They are therefore subject to the provisions of the revised Annex I that relate to fixed and floating platforms, including regulation 39.

6. The Committee noted that the environmental hazards associated with the quantities of produced oil stored on board operational FPSOs and FSUs are similar to some of the hazards related to oil tankers and that relevant requirements of the revised MARPOL Annex I in relation to oil tankers could be adapted to address those hazards in an appropriate manner. Based on the above and recognizing that these floating platforms are stationary when operating, the Committee recommends that coastal States, flag States and others associated with the design, construction and operation of FPSOs and FSUs apply the relevant revised MARPOL Annex I regulations referred to in annex 1 to the Guidelines. References contained in annex 1 relate to the revised MARPOL Annex I up to and including the amendments contained in resolution MEPC.117(52).

7. These guidelines have been prepared with a view to providing the necessary guidance and interpretation information which may be specifically applicable to FPSOs and FSUs, and accordingly represents a single document describing the application of the revised MARPOL Annex I to these floating platforms.

8. The provisions of these Guidelines are for application to FPSOs and FSUs when located at their operating station. However they also take into account the abnormal and rare circumstances of:

.1 voyages for drydocking, repair or maintenance work; or

.2 disconnection of the platform in extreme environmental or emergency conditions.

In either case, the FPSO/FSU should not transport oil to a port or terminal except with the specific agreement of the flag and relevant coastal States, obtained on a voyage basis. When undertaking any voyage away from the operating station, for whatever purpose, FPSOs and FSUs will be required to comply with the discharge provisions of the revised MARPOL Annex I for oil tankers.

9. In order to avoid development of an entire new text from the revised MARPOL Annex I attending to such terminology matters and notwithstanding the basis for these Guidelines outlined above, in any regulation indicated to apply to FPSOs and FSUs by the Guidelines at annex, the following interpretation of terminology should be used:

.1 "oil tanker" should be read as "FPSO or FSU";

.2 "carry" should be read as "hold";

.3 "cargo" should be read as "produced oil and oily mixtures"; and

.4 "voyage" should be read to include "operations".

10. Oil tanker requirements that are extended by the Guidelines to apply to FPSOs/FSUs are identified through the phrase "recommend application" or similar, while "applies" is used for requirements to be implemented irrespective of the contents of this circular.

11. The requirement for oil tankers to undergo the enhanced survey programme (resolution A.744(18)) was deleted from regulation 13G of MARPOL Annex I by resolution MEPC.95(46) and its provisions have subsequently been solely given effect through chapter XI-I of SOLAS. Since SOLAS does not apply to the vast majority of FPSOs and FSUs, which are permanently moored at their operating stations, the relevant oil tanker requirements of resolution A.744(18) have been included as one of the provisions of the Guidelines in order to ensure a satisfactory standard of structural integrity for FPSOs and FSUs. Reflecting the operational characteristics of FPSOs and FSUs, the Guidelines also make provision for limited departure from A.744(18) in respect of acceptance of in-water surveys under conditions which do not compromise safety and pollution prevention.

12. In implementing the provisions of these Guidelines, Member Governments are invited to use and recognize the Record of Construction and Equipment for FPSOs and FSUs at annex 2 in place of Forms A and B appended to the revised MARPOL Annex I.

13. The Committee noted that most operations of FPSOs and FSUs are different from other ships covered by Annex I and, recognizing that the coastal State has jurisdiction over fixed and floating platforms operating in waters under its jurisdiction, Member Governments may find it necessary to depart from the provisions of these Guidelines. Accordingly, the Committee invites Member Governments to advise the Organization of their experience in applying these Guidelines so that it can be taken into account if future amendments to these Guidelines are deemed necessary.

Annex 1.

RECOMMENDED PROVISIONS OF THE REVISED MARPOL ANNEX I FOR APPLICATION TO FPSOs AND FSUs

Article	Subject	Basis of Application
Art. 2(3)(b)(ii)	Def. Discharge	In accordance with Reg. 39 and UI 50, produced water, offshore processing drainage and displacement water are not included in the meaning of discharge.
Art. 2(4)	Def. Ship	FPSOs/FSUs are "fixed or floating platforms" and are therefore included in this definition.

Regulation	Subject	Basis of Application
1.1 to 1.4	Defs. Oil, Crude Oil, Oily mixture, Oil fuel	Applies.
1.5	Def. Oil tanker	FPSOs/FSUs are adapted primarily for a purpose other than to carry (transport) oil and are therefore excluded from this definition.
1.6 and 1.7	Defs. Crude Oil tanker, Products carrier	Not applicable.
1.8	Def. Combi.carrier	Not applicable for same reasons as 1.5.
1.9	Def. Major conversion	Conversion of an oil tanker or combination carrier to an FPSO/FSU and vice versa should be considered to be a major conversion. Alterations or modifications required for an existing FPSO/FSU to move to another field should not be considered a major conversion.
1.10 and 1.11	Defs. Nearest land, Special area	Apply.
1.12	Def. Instantaneous rate of discharge of oil	Not applicable to FPSO/FSU at operating station as this definition applies when the ship is under way (refer regs. 34.1.4 and 31.2, 31.3 and 36.6).
1.13 to 1.26	Defs. Various	Apply.
1.27	Def. Anniversary date	Applies.
1.28.1 and 1.28.2	Defs. Ship age groups	Apply.
1.28.3 to 1.28.8	Defs. Oil tanker age groups	Not applicable.
1.29	Def. ppm	Applies.
2.1	Application	Applies.

Regulation	Subject	Basis of Application
2.2 and 2.3	Application	Not applicable as the scope of application of these Guidelines is for FPSOs and FSUs when located at their normal operational station, including where appropriate temporary disconnection from the riser at the operating station for the minimum period necessary to ensure the safety of the vessel in extreme environmental or emergency conditions.
2.4	Application	Not applicable.
2.5 and 2.6	Existing tankers engaged in specific trades	Not applicable.
3.1 to 3.3	Exemptions and waivers	Any Administration using this clause in relation to FPSOs/FSUs would need to justify such use in relation to the terms of paragraph .1 and in accordance with the requirements of paragraph .3.
3.4 and 3.5	Exemptions and waivers	Recommend application in order to sanction the waiver arrangements outlined in 31.2, eg. for operations within special areas (3.5.2.1) in compliance with 3.5.2.3 to 3.5.2.6. Transfer of oily mixtures to offload tankers for discharge ashore is acceptable within this waiver.
4	Exceptions	Applies.
5	Equivalents	Applies.
6	Surveys and inspections	Applies. Notwithstanding whether SOLAS’74 applies to an FPSO/FSU, surveys of FPSOs and FSUs should be conducted to the standard specified for oil tankers in SOLAS’74 regulation 11-2, except for the provisions of 2.2 of Annex B to resolution A.744(18) as amended in relation to dry-dock survey. The coastal and flag States may accept bottom survey of the ship afloat instead of in dry-dock when the conditions are satisfactory and the proper equipment and suitably qualified personnel are available.
7	Issue of certificate	IOPP Certificate should be issued unless flag and coastal States have other means of certificating/documenting compliance.
8	Issue of certificate by another Government	Applicable.
9	Form of certificate	Applicable. When completing the IOPP certificate, FPSOs’/FSUs’ "type of ship" should be shown as "ship other than any of the above" and this entry should be annotated with "FPSO" or "FSU" together with details of operational location. Record of Construction and Equipment for FPSOs and FSUs given at Annex 2 should be used for the IOPP Supplement. Where this is done Form A or Form B required by the Convention need not be provided.
10	Duration of certificate	Applicable.

Regulation	Subject	Basis of Application
11	Port State control on operational requirements	Applies to FPSO/FSU at its operating station, recognizing that under Art. 2(5) and UNCLOS Arts. 56 and 60, the coastal State exercises sovereign rights for the purposes of exploration and exploitation of their natural resources. However, port State control powers are applicable at other times such as if the FPSO/FSU voyages to a port in another State for maintenance purposes.
12	Tanks for oil residues (sludge)	Applicable.
13	Standard discharge connection	Applicable.
14	Oil filtering equipment	Applicable subject to applicable provisions of Reg. 15 and 34. For reasons of practicality, the equipment need not be fitted provided the machinery space discharges are disposed of in accordance with options a, b, d or e in relation to regulation 15.2. A waiver may be issued under 14.5.3, where all oily mixtures are discharged either ashore or into production stream.
15A	Discharges outside special areas	In accordance with Reg. 39 and UI 50, applies only to machinery space discharges and contaminated sea water from operational purposes such as produced oil tank cleaning water, produced oil tank hydrostatic testing water, water from ballasting of produced oil tank to carry out inspection by rafting. Since FPSOs/FSUs and other fixed and floating platforms cannot comply with 15.2.1 when operating on station then these oils and oily mixtures may, with the agreement of the coastal State: a. be sent ashore; b. be incinerated; c. have water separated and discharged if not exceeding 15ppm oil content under 34.2; d. be discharged in accordance with this clause subject to waiver of the en route requirement; e. be added to the production stream; or f. be treated using a combination of these methods.
15B	Discharges in special areas	Applicable, but FPSOs/FSUs cannot comply with 15.3.1 when operating on station. This requirement should be handled consistent with 15A above. Coastal State may issue dispensation from 15.3.1 where satisfied that this dispensation does not prejudice the environment.
15C and 15D	Requirements for ships <400GT and general req.	Applies.
16.1, 16.2 and	Segregation of oil	Applies. The principles of 16.3 should be extended to all other
16.4	and water ballast and carriage of oil in forepeak tanks	FPSOs and FSUs.

Regulation	Subject	Basis of Application
16.3	"	Applies to FPSOs/FSUs which are capable of disconnecting from the riser at the operating station as collision bulkhead requirement is in SOLAS rather than MARPOL. This principle is also relevant to stern collision as per 19.7.
17	Oil Record Book Part I	Applies.
18.1 to 18.9	Segregated ballast tanks	Recommend application subject to the conditions listed for 18.2 and 18.3.
18.2	"	Not applicable, but FPSO/FSU should have sufficient ballast capacity to meet stability and strength requirements in design and operational conditions of loading.
18.3	"	Recommend application noting that there should normally be separation between ballast and produced oil (crude) tanks and pumping systems, but temporary cross-connection may be permitted for the duration of transfer operations. In such exceptional cases where sea water is introduced into produced oil tanks for the operational purposes listed above in relation to 15.2, it should be dealt with as provided for under that clause.
18.8.1 to 18.8.4	Requirements for oil tankers with dedicated clean ballast tanks	Recommend application similar to 18.1 to 18.9.
18.10.1	Existing oil tankers having special ballast arrangements	Recommend application to meet 18.2 and 18.3 as modified by these Guidelines.
18.10.2	"	Recommended application consistent with 18.3 and 35.2 as modified by these Guidelines.
18.10.3	"	Not applicable.
18.11	SBT for oil tankers≥70,000DWT delivered after 31.12.79	Recommend application subject to the conditions listed for 18.2 and 18.3.
18.12 to 18.15	Protective location of segregated ballast spaces	Not applicable. Refer 19.3.1 for corresponding provisions in relation to both new purpose-built FPSOs/FSUs and other non-purpose-built FPSOs/FSUs.
19	Double hull and double bottom requirements for oil tankers delivered on or after 6.07.96	Not applicable, except as detailed below.
19.3.1 and 19.3.6	"	Recommend application to new purpose-built FPSOs/FSUs so as to provide protection against relatively low-energy collision. (NOTE: Appropriate measures should also be taken for other FPSOs/FSUs to address this collision hazard).

Regulation	Subject	Basis of Application
19.5	"	Applicable to the extent that the Guidelines referred to can be used to demonstrate equivalency with 19.3.1 and 19.3.6 as modified above.
19.7	"	Recommend application to new construction purpose built FPSOs/FSUs and other FPSOs/FSUs which are arranged with a fore peak or collision bulkhead. Similarly, oil should not be held in integral tanks located at the stern in FPSOs/FSUs which may offload to a tanker moored astern or alongside of the FPSO/FSU.
19.8	"	Recommend application to new construction purpose built FPSOs/FSUs and other FPSOs/FSUs which may be modified to meet this regulation.
20 (as amended by resolution MEPC.111(50))	Double hull and double bottom requirements for oil tankers delivered before 6.07.96	Not applicable.
21	Prevention of pollution from oil tankers carrying heavy grade oil as cargo	Not applicable.
22	Pump-room bottom protection	Not applicable.
23	Accidental oil outflow performance	Not applicable.
24	Damage assumptions	Recommend application with regard to side damage only. It is recommended that protective measures, such as fendering, be used to minimize side impact damage such as that which might be experienced during offloading and supply vessel berthing operations. Such protection, however, should not be considered to reduce the minimum transverse extent of side penetration damage.
25	Hypothetical outflow of oil	Recommend application for side damages only in accordance with 24 above.
26	Limitation of size and arrangement of cargo tanks	Recommend application based on 24 and 25 above.
27	Intact stability	Recommend application.
28.1 to 28.5	Subdivision and damage stability	Recommend application only in respect of side damage in accordance with 24 above.