RESOLUTION
MEPC.265(68)
(adopted
on15 May 2015)
AMENDMENTS
TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO
THE
INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION
FROM SHIPS, 1973
Amendments
to MARPOL Annexes I, II, IV and V
(Making the use of the
environment-related provisions of the Polar Code mandatory)
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 conferred upon it by
international conventions for the prevention and control of marine pollution
from ships,
NOTING article 16 of the International
Convention for the Prevention of Pollution from Ships, 1973, as modified by the
Protocol of 1978 relating thereto (MARPOL), which specifies the amendment
procedure and confers upon the appropriate body of the Organization the
function of considering and adopting amendments thereto,
RECOGNIZING the need to provide a
mandatory framework for ships operating in polar waters due to the additional
demands on ships, their systems and operation, which go beyond the existing
requirements of MARPOL, and other relevant binding IMO instruments,
NOTING resolution MEPC.264(68), by
which it adopted the International Code for Ships Operating in Polar Waters
(Polar Code) with respect to its environment-related provisions,
NOTING ALSO that the Maritime Safety
Committee, at its ninety-fourth session, adopted, by resolution MSC.385(94), the
International Code for Ships Operating in Polar Waters with respect to its
safety-related provisions, and, by resolution MSC.386(94), amendments to the 1974 SOLAS
Convention to make the safety-related provisions of the Polar Code mandatory,
HAVING CONSIDERED proposed amendments to
MARPOL Annexes I, II, IV and V to make the environment-related provisions of
the Polar Code mandatory,
1 ADOPTS,
in accordance with article 16(2)(d) of MARPOL, amendments to Annexes I, II, IV
and V, the text of which is set out in the annex to the present resolution;
2 DETERMINES,
in accordance with article 16(2)(f)(iii) of MARPOL, that the amendments shall
be deemed to have been accepted on 1 July 2016, unless, prior to that date, not
less than one third of the Parties or Parties the combined merchant fleets of
which constitute not less than 50% of the gross tonnage of the world's merchant
fleet, have communicated to the Organization their objection to the amendments;
3 INVITES
the Parties to note that, in accordance with article 16(2)(g)(ii) of MARPOL,
the said amendments shall enter into force on 1 January 2017 upon their
acceptance in accordance with paragraph 2 above;
4 REQUESTS
the Secretary-General, for the purposes of article 16(2)(e) of MARPOL, to
transmit certified copies of the present resolution and the text of the
amendments contained in the annex to all Parties to MARPOL;
5 REQUESTS
FURTHER the Secretary-General to transmit copies of the present resolution and
its annex to Members of the Organization which are not Parties to MARPOL.
ANNEX
AMENDMENTS TO MARPOL ANNEXES
I, II, IV AND V
ANNEX I
REGULATIONS FOR THE
PREVENTION OF POLLUTION BY OIL
Chapter 1
General
Regulation 3 – Exemptions
and waivers
1 In paragraph 1,
the words "or section 1.2 of part II-A of the Polar Code" are
inserted between "chapters 3 and 4 of this Annex" and "relating
to construction".
2 A new paragraph
5.2.2 is added as follows:
".2 voyages within
Arctic waters; or"
3 The existing
paragraphs 5.2.2 to 5.2.6 are renumbered as paragraphs 5.2.3 to 5.2.7 and the
subparagraphs are renumbered accordingly. In the renumbered paragraphs 5.2.5
and 5.2.6, the referenced paragraph numbers "5.2.2" and
"5.2.2.2" are replaced by "5.2.3" and "5.2.3.2",
respectively.
4 The chapeau of
the renumbered paragraph 5.2.3 is replaced with the following:
".3 voyages
within 50 nautical miles from the nearest land outside special areas or Arctic
waters where the tanker is engaged in:"
Regulation 4 – Exceptions
5 The chapeau is
replaced with the following:
"Regulations 15 and 34 of this Annex and paragraph 1.1.1 of
part II-A of the Polar Code shall not apply to:"
Chapter 3
Requirements for machinery
spaces of all ships
Part B
Equipment
Regulation 14 – Oil
filtering equipment
6 Paragraph 5.1 is
replaced with the following:
".1 any ship
engaged exclusively on voyages within special areas or Arctic waters, or"
7 In paragraph
5.3.4, between the words "within special areas" and "or has been
accepted", the words "or Arctic waters" are inserted.
Part C
Control of discharge of oil
Regulation 15 – Control of
discharge of oil
8 At the end of
the title for section A, the words "except in Arctic waters" are
added.
9 At the end of
the title for section C, the words "and Arctic waters" are added.
Chapter 4
Requirements for the cargo
area of oil tankers
Part C
Control of operational
discharges of oil
Regulation 34 – Control of
discharge of oil
10 At the end of the
title for section A, the words "except in Arctic waters" are added.
Chapter 6
Reception facilities
Regulation 38 – Reception
facilities
11 In paragraph 2.5,
the words "and paragraph 1.1.1 of part II-A of the Polar Code" are
added after the words "regulations 15 and 34 of this Annex".
12 In paragraph 3.5,
the words "and paragraph 1.1.1 of part II-A of the Polar Code" are
added after the words "regulation 15 of this Annex".
Chapter 11
International Code for Ships
Operating in Polar Waters
13 A new chapter 11
is added after existing chapter 10 as follows:
"Chapter 11 –
International Code for Ships Operating in Polar Waters
Regulation
46 – Definitions
For the purpose of this
Annex,
1 Polar Code means the
International Code for Ships Operating in Polar Waters, consisting of an
introduction, parts I-A and II-A and parts I-B and II-B, adopted by resolutions
MSC.385(94)
and MEPC.264(68),
as may be amended, provided that:
.1 amendments to the environment-related
provisions of the introduction and chapter 1 of part II-A of the Polar Code are
adopted, brought into force and take effect in accordance with the provisions
of article 16 of the present Convention concerning the amendment procedures
applicable to an appendix to an annex; and
.2 amendments to part II-B of the Polar Code
are adopted by the Marine Environment Protection Committee in accordance with
its Rules of Procedure.
2 Arctic waters means those waters which are located north
of a line from the latitude 58°00΄.0 N and longitude 042°00΄.0 W to
latitude 64°37΄.0 N, longitude 035°27΄.0 W and thence by a rhumb line
to latitude 67°03΄.9 N, longitude 026°33΄.4 W and thence by a rhumb
line to the latitude 70°49΄.56 N and longitude 008°59΄.61 W (Sørkapp, Jan Mayen) and by the southern
shore of Jan Mayen to 73°31'.6 N and 019°01'.0 E by the Island of Bjørnøya, and
thence by a great circle line to the latitude 68°38΄.29 N and longitude 043°23΄.08
E (Cap Kanin Nos) and hence by the northern shore of the Asian Continent
eastward to the Bering Strait and thence from the Bering Strait westward to
latitude 60° N as far as Il'pyrskiy and following the 60th North parallel eastward
as far as and including Etolin Strait and thence by the northern shore of the
North American continent as far south as latitude 60° N and thence eastward
along parallel of latitude 60° N, to longitude 056°37΄.1 W and thence to
the latitude 58°00΄.0 N, longitude 042°00΄.0 W.
3 Polar waters
means Arctic waters and/or the Antarctic area.
Regulation
47 – Application and requirements
1 This chapter
applies to all ships operating in polar waters.
2 Unless expressly
provided otherwise, any ship covered by paragraph 1 of this regulation shall
comply with the environment-related provisions of the introduction and with
chapter 1 of part II-A of the Polar Code, in addition to any other applicable
requirements of this Annex.
3 In applying
chapter 1 of part II-A of the Polar Code, consideration should be given to the
additional guidance in part II-B of the Polar Code."
Appendix II
Form of IOPP Certificate and
Supplements
Appendix
Supplement to the
international Oil Pollution Prevention Certificate (IOPP Certificate) – Form A
14 A new section 8
is added after existing section 7 as follows:
"8 Compliance with
part II-A – chapter 1 of the Polar Code
8.1 The ship is in
compliance with additional requirements in the environment-related provisions
of the Introduction and section 1.2 of chapter 1 of part II-A of the Polar
Code....................□"
Supplement to the
international Oil Pollution Prevention Certificate (IOPP Certificate) – Form B
15 A new section 11
is added after existing section 10 as follows:
"11 Compliance with
part II-A – chapter 1 of the Polar Code
11.1 The ship is in
compliance with additional requirements in the environment-related provisions
of the introduction and section 1.2 of chapter I of part II-A of the Polar
Code."
ANNEX II
REGULATIONS FOR THE CONTROL OF POLLUTION OF NOXIOUS LIQUID
SUBSTANCES IN BULK
Chapter 1
General
Regulation 3 – Exceptions
1 In the chapeau
of paragraph 1, between the words "this Annex" and "shall not
apply", the words "and chapter 2 of part II-A of the Polar Code"
are inserted.
Chapter 6
Measures of control by port
States
Regulation 16 – Measures of
control
2 In paragraph 3,
the reference to "regulation 13 and of this regulation" is replaced
with "regulation 13 and of this regulation, and chapter 2 of part II-A of
the Polar Code when the ship is operating in Arctic waters,"
Chapter 10
International Code for Ships
Operating in Polar Waters
3 A new chapter 10
is added after existing chapter 9 as follows:
"Chapter 10 –
International Code for International Code for Ships Operating in Polar Waters
Regulation 21 – Definitions
For the purpose of this Annex,
1 Polar Code
means the International Code for Ships Operating in Polar Waters, consisting of
an introduction, part I-A and part II-A and parts I-B and II-B, as adopted by
resolutions MSC.385(94)
and MEPC.264(68),
as may be amended, provided that:
.1 amendments to the environment-related
provisions of the introduction and chapter 2 of part II-A of the Polar Code are
adopted, brought into force and take effect in accordance with the provisions
of article 16 of the present Convention concerning the amendment procedures
applicable to an appendix to an annex; and
.2 amendments to part II-B of the Polar Code are
adopted by the Marine Environment Protection Committee in accordance with its
Rules of Procedure.
2 Arctic waters
means those waters which are located north of a line from the latitude 58°00΄.0 N and longitude 042°00΄.0 W
to latitude 64°37΄.0 N, longitude 035°27΄.0 W and thence by a rhumb
line to latitude 67°03΄.9 N, longitude 026°33΄.4 W and thence by a
rhumb line to the latitude 70°49΄.56 N and longitude 008°59΄.61 W (Sørkapp, Jan Mayen) and by the southern
shore of Jan Mayen to 73°31'.6 N and 019°01'.0 E by the Island of Bjørnøya, and
thence by a great circle line to the latitude 68°38΄.29 N and longitude 043°23΄.08 E
(Cap Kanin Nos) and hence by the northern shore of the Asian Continent eastward to the Bering Strait and thence from the Bering Strait
westward to latitude 60° N as far as Il'pyrskiy and following the 60th North
parallel eastward as far as and including Etolin Strait and thence by the
northern shore of the North American continent as far south as latitude 60° N
and thence eastward along parallel of latitude 60° N, to longitude 056°37΄.1 W and thence to the latitude
58°00΄.0 N, longitude 042°00΄.0 W.
3 Polar waters
means Arctic waters and/or the Antarctic area.
Regulation 22 – Application
and requirements
1 This chapter applies to all ships certified
to carry noxious liquid substances in bulk, operating in polar waters.
2 Unless expressly provided otherwise, any
ship covered by paragraph 1 of this regulation shall comply with the
environment-related provisions of the introduction and with chapter 2 of part
II-A of the Polar Code, in addition to any other applicable requirements of
this Annex.
3 In applying chapter 2 of part II-A of the
Polar Code, consideration should be given to the additional guidance in part
II-B of the Polar Code."
Appendix IV
Standard format for the Procedures
and Arrangements Manual
Section 1 – Main features of
MARPOL Annex II
4 At the end of
paragraph 1.3, the following sentence is added:
"In addition, under chapter 2 of part II-A of the Polar Code,
more stringent discharge criteria apply in Arctic waters."
Section 4 – Procedures
relating to the cleaning of cargo tanks, the discharge of residues, ballasting
and deballasting
5 In paragraph
4.4.3, the words "Antarctic area (the sea area south of latitude 60°
S)" are replaced with the words "polar waters".
ANNEX IV
REGULATIONS
FOR THE PREVENTION OF POLLUTION BY SEWAGE FROM SHIPS
Chapter 1
General
Regulation 3 – Exceptions
1 The chapeau of
paragraph 1 is replaced with the following:
"1 Regulation 11
of this Annex and section 4.2 of chapter 4 of part II-A of the Polar Code,
shall not apply to:"
Chapter 7
International Code for Ships
Operating in Polar Waters
2 A new chapter 7
is added after existing chapter 6 as follows:
"Chapter 7 –
International Code for Ships Operating in Polar Waters
Regulation 17 – Definitions
For the purpose of this Annex,
1 Polar
Code means the International Code for ships operating in polar waters,
consisting of an introduction, part I-A and part II-A and parts I-B and II-B,
as adopted by resolutions MSC.385(94)
and MEPC.264(68),
as may be amended, provided that:
.1 amendments to the
environment-related provisions of the introduction and chapter 4 of part II-A
of the Polar Code are adopted, brought into force and take effect in accordance
with the provisions of article 16 of the present Convention concerning the
amendment procedures applicable to an appendix to an annex; and
.2 amendments to part II-B of the
Polar Code are adopted by the Marine Environment Protection Committee in
accordance with its Rules of Procedure.
2 Antarctic
area means the sea area south of latitude 60o S.
3 Arctic
waters means those waters which are located north of a line from the
latitude 58°00΄.0
N and longitude 042°00΄.0 W to latitude 64°37΄.0 N, longitude
035°27΄.0 W and thence by a rhumb line to latitude 67°03΄.9 N,
longitude 026°33΄.4 W and thence by a rhumb line to the latitude
70°49΄.56 N and longitude 008°59΄.61 W (Sørkapp, Jan Mayen) and by the southern
shore of Jan Mayen to 73°31'.6 N and 019°01'.0 E by the Island of Bjørnøya, and
thence by a great circle line to the latitude 68°38΄.29 N and longitude 043°23΄.08 E
(Cap Kanin Nos) and hence by the northern shore of the Asian Continent eastward to the Bering Strait and thence from the Bering Strait
westward to latitude 60° N as far as Il'pyrskiy and following the 60th North
parallel eastward as far as and including Etolin Strait and thence by the
northern shore of the North American continent as far south as latitude 60° N
and thence eastward along parallel of latitude 60° N, to longitude 056°37΄.1 W and thence to the latitude
58°00΄.0 N, longitude 042°00΄.0 W.
4 Polar
waters means Arctic waters and/or the Antarctic area.
Regulation 18 – Application and requirements
1 This chapter applies to all ships
certified in accordance with this Annex operating in polar waters.
2 Unless expressly provided otherwise,
any ship covered by paragraph 1 of this regulation shall comply with the
environment-related provisions of the introduction and with chapter 4 of part
II-A of the Polar Code, in addition to any other applicable requirements of
this Annex."
ANNEX V
REGULATIONS
FOR THE PREVENTION OF POLLUTION BY GARBAGE FROM SHIPS