MARPOL. The International Convention for the Prevention of Pollution of Ships, (MARPOL 73/78). • Summary. • Annex I: Pollution by Oil. • Annex II. Protocol of relating thereto (MARPOL 73/78). Introduction. The MARPOL Convention is the main international convention covering prevention of pollution . 6. Description of Annex 1 Waste. 6. Legal Basis for the Guidelines. 7. International Convention- MARPOL 73/ 7. Primary Local Legislations. 8.
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"Administration" means the Government of the State under whose authority the ship is operating. With respect to a ship entitled to fly a flag. Prevention of Marine Pollution from Ships, as modified by the Protocol of relating thereto (MARPOL. 73/78), and it finally entered into force. PDF | The current paper aims at clarifying the extensive MARPOL 73/78 – the IMO's first and only integrated and all-embracing convention.
Related Papers. The application of the draft MEC Act is said to extend to the all national and foreign ships within Bangladesh waters as well as in cases where Bangladesh waters are likely to be threatened. The Bangladesh flag was even blacklisted in by the Tokyo MOU secretariat, based on an inspection record of port States from to XXVI of Please select all that apply: The whole maritime sector has been struggling with age-old unenforced laws which are inherently vague. Canada plays a key role in discussions on MARPOL pollution prevention measures, since these will impact national water and air quality.
Special Areas with strict controls on operational discharges are included in most Annexes. Annex I Regulations for the Prevention of Pollution by Oil entered into force 2 October covers prevention of pollution by oil from operational measures as well as from accidental discharges; the amendments to Annex I made it mandatory for new oil tankers to have double hulls and brought in a phased-in schedule for existing tankers to fit double hulls, which was subsequently revised in and Annex II Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk entered into force 2 October details the discharge criteria and measures for the control of pollution by noxious liquid substances carried in bulk; the discharge of their residues is allowed only to reception facilities until certain concentrations and conditions which vary with the category of substances are complied with.
Annex III Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form entered into force 1 July contains general requirements for the issuing of detailed standards on packing, marking, labelling, documentation, stowage, quantity limitations, exceptions and notifications.
Annex IV Prevention of Pollution by Sewage from Ships entered into force 27 September contains requirements to control pollution of the sea by sewage; the discharge of sewage into the sea is prohibited, except when the ship has in operation an approved sewage treatment plant or when the ship is discharging comminuted and disinfected sewage using an approved system at a distance of more than three nautical miles from the nearest land; sewage which is not comminuted or disinfected has to be discharged at a distance of more than 12 nautical miles from the nearest land.
Annex V Prevention of Pollution by Garbage from Ships entered into force 31 December deals with different types of garbage and specifies the distances from land and the manner in which they may be disposed of.
The revised Annex V prohibits the discharge of all garbage into the sea, except as provided otherwise, under specific circumstances.
This Annex sets limits on sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibits deliberate emissions of ozone depleting substances; designated emission control areas ECA set more stringent standards for SOx, NOx and particulate matter. In , after extensive work and debate, IMO adopted ground-breaking mandatory technical and operational energy efficiency measures, which are expected to significantly reduce the amount of CO 2 emissions from ships; these measures were included in Annex VI and entered into force on 1 January Most recently, IMO adopted a data collection system to gather annual disaggregated data on fuel consumption and transport work for vessels of 5, gross tonnage and above.
This measure will enter into force on 1 March A mandatory international code of safety for ships operating in polar waters Polar Code was negotiated in The adoption of the data collection system is the first part of a three-step process to develop further measures on energy efficiency for all vessels.
Canada is currently active in discussions on a long-term IMO strategy on climate change. You will not receive a reply. Skip to main content Skip to "About government". Subject category: Multilateral Form: Legally-binding treaty Status: Dates the annexes entered into force are as follows: Transport Canada Partners: Web links: International Maritime Organization Contacts: Transport Canada Inquiry Centre Compendium edition: Like the oil tankers, these vessels are also very old and do not have any oil discharge monitoring and control system as prescribed by the MARPOL Convention.
LII of s 41A. But its jurisdiction is very limited. Under the Port Authority Ordinance, a magistrate can impose a small fine of up to , Taka. Moreover, the port magistrate can take action only against the pollution incident in port areas and not any other part of the sea.
This power and jurisdiction may suffice to stop marine pollution by small inland ships and mechanized boats, but it is certainly not adequate for big tankers or other vessels.
Bangladesh provides no reception facilities at sea ports. The enforcement, legal, administrative and judicial authority for large scale vessel-source pollution is not very clear. Although there have been a number of large-scale oil pollution incidents in the marine area of Bangladesh, concerned authorities failed to prosecute any foreign ships. Even if the Coast Guard were to arrest a ship for major oil pollution in territorial waters, it is not clear which authority would prosecute it nor in which court this would occur.
The whole maritime sector has been struggling with age-old unenforced laws which are inherently vague. Existing laws in Bangladesh are very vague, particularly in the areas of prevention of pollution and civil liability for oil pollution. Implementation mechanisms of existing environmental laws are largely unsuccessful.
Administrative and judicial authorities are not clear and coordinated. Although, as stated above, Bangladesh ratified the MARPOL Convention with all its annexes, national laws have not been updated to implement this international convention. Taking these matters into account, the government of Bangladesh finally realised the need for a comprehensive enabling national legislation to give effect to the MARPOL Convention and other conventions to which Bangladesh is a party.
The following part briefly introduces the draft MEC Act. If provisions of any delegated legislation made 94 Akhter, above n 5 and Mujumdar, above n 8. That is why the draft MEC Act itself will not give effect to these conventions. The law is merely delegating power to the government to give effect to these conventions through promulgation of regulations if Bangladesh ratifies these conventions in the future.
This is a good approach circumventing the time-consuming process of making several laws through parliament. It is a welcome development suggesting that in the near future Bangladesh may be able to ratify these important conventions.
The application of the draft MEC Act is said to extend to the all national and foreign ships within Bangladesh waters as well as in cases where Bangladesh waters are likely to be threatened. In future this provision may create ambiguity. Some other sections of the draft MEC Act confer power to different government authorities to make rules which may play a positive role in formation of marine environmental regime in the country. Section 37 provides that the government has general power to make rules to carry out the purposes of the MEC Act and to give effect to the international conventions adopted by the International Maritime Organization and accepted by the government.
All rules duly made to give effect to such conventions shall be deemed to form part of this Act and shall have effect accordingly. An ambiguity may arise if owners of foreign ships come up with the argument that no action can be taken against the ship if it is within the EEZ of Bangladesh and not within the territorial sea.
Moreover, the question may arise whether the draft MEC Act will be applicable in case of any pollution in internal waters. Thus, the draft MEC Act s 2 needs to be redrafted carefully if it is not to render the Act largely ineffective. Part II of the draft law contains provisions for prevention of pollution caused by discharge of oil or pollutants within and beyond Bangladesh waters and discharge of oil as a result of exploration of the seabed.
All kinds of discharge and escape of oil or pollutants in Bangladesh waters have been made a criminal offence. Moreover, the polluters have to eradicate the pollutants otherwise they can be punished by another five years imprisonment. Moreover, it may create enforcement problems as the courts will ultimately seek to establish criminal intention, recklessness, or at least gross negligence before punishing the accused.
Implementation of the MARPOL Convention in Bangladesh 71 environment, committed by foreign vessels in the territorial sea, except in the case of a wilful and serious act of pollution in the territorial sea. Rather, Bangladesh should countenance becoming a party to the IMO liability and compensation regime and develop national legal framework along the same lines. Sections 14 and 15 of the draft MEC Act provide for necessary equipment in ships to prevent pollution and to deal with pollution incidents.
D Reception Facilities The draft MEC Act grants the port authorities power to provide reception facilities for oil and other pollutants. The port authority may collaborate with or appoint private parties to provide such facilities. The port authority or authorized person can impose reasonable charges for the service. If government imposes strict provision without providing reception facilities, it will adversely affect the maritime and trade sector of the country.
The government may direct any port authority, oil industry or any dry dock or terminal operator to provide reception facilities for oily mixture or any other substances.
It will be a criminal offence if any port or industry fails to comply with the government direction to provide reception facilities. According to s 23, if any action is duly taken by a person in pursuance of a direction given to him under s 22, he has the right to recover compensation in respect of unreasonable loss or damage caused to him while acting under such directions. Implementation of the MARPOL Convention in Bangladesh 73 As per s 25, any ship carrying in bulk a cargo of more than tons of persistent oil shall not enter or leave a port of Bangladesh or engage in any oil transfer operation within Bangladesh unless there is a valid certificate showing that there is in force a contract of insurance or other security satisfying requirements of Article VII of the Convention on Civil Liability for Oil Pollution Damage, CLC 69 or its subsequent amendments.
Furnishing this certificate will not give immunity to the ship owner or other person from liability to pay any sums determined by the government or awarded by the court where the aggregate of such sums exceed the sums fixed by applying the provisions of paragraph 1 of Article V of CLC That being the case, it appears that there is no problem in imposing more stringent civil liability on ship owners than this Convention provides.
However, it may create problems in the future if the country becomes a party to the international compensation and liability regime. Moreover, CLC 69 has been replaced by a new legal instrument.
This will be elaborated in Part H below. The head of the contingency plan or authorised person shall have the right of access over any land, buildings, premises or anything else deemed necessary for the purpose of implementing the contingency plan. Although the proposed law highlights the issue of preparedness and response, implementation of MARPOL and any other relevant convention is largely dependent on the making of a comprehensive rule under this section.
G Enforcement, Detection of Offence and Judicial Procedures The draft MEC Act details enforcement mechanisms including provisions for keeping different types of records on oil cargo, chemicals, toxic substances or garbage; power of inspection; enforcement and application of fines and enforcement of different international conventions related to the marine environment.
To enforce any international marine environmental convention, government officials can board any foreign ships if the ship is entitled to fly the flag of a State party to that particular convention. The Marine Court is a court of first-class magistrature empowered to try offences under the IS Ordinance. Furthermore, just a single court placed far inland will not be able to handle the huge number of cases arising in different parts of the country. Bangladesh has already established a number of environment courts presided over by joint district judges with unlimited pecuniary jurisdiction.
These courts could be utilised for enforcing the draft MEC Act. Section 12 of the MEC Act could be changed to empower an Environment Court to try any cases in which the government claims , Taka or more as compensation or expenditure for combating pollution. Moreover, the government may wish to consider using the Admiralty Bench of High Court Division of the Supreme Court, which already has jurisdiction to adjudicate any claim arising from a damage done by a ship.
For example, the draft MEC Act makes provision for the recovery of clean-up costs from the ship owner in the form According to s 34 of the draft MEC Act, the coast guard, in accordance with the Coast Guard Act , will do the following in collaboration with the Department of Shipping: V of s 29C. XI of ss 4 and 5. XLIII of s 3. See generally N. This indicates that the proposed Act is drafted without cognizance of recent developments in international marine environmental law.
These two conventions will co-exist for the time being because some of the parties to CLC 69 are yet to ratify CLC Moreover, a ship which only has the CLC 69 certificate may find some difficulties in trading with countries which became parties to CLC Relevant provisions of the draft MEC Act should be redrafted with a clear understanding of the recent changes in the international conventions relating to civil liability and compensation.
But there is every possibility that this draft will never be enacted as a law because several previously drafted laws have not been enacted due to lack of political will. For example, according to a report published by the UNEP, an ordinance for marine pollution control was drafted and was in the final stages of promulgation in It will not be surprising if the draft faces the same destiny because the conservation of marine environment has failed to get Draft MEC Act, above n 95, s 8 2.
Lack of political will along with a lack of technical resources is the main cause of the present unsatisfactory status of the marine environment in Bangladesh.
Moreover, even if this law is enacted it will not be very easy to enforce with the present lack of technical and institutional capacity in the country. In particular, the government should build the capacity of the port and maritime administration as well as the Bangladesh Coast Guard. Enforcement of these domestic regulations remains the main challenge. For the proper enforcement of law, developing institutional capacity is a sine qua non.
A number of government agencies are involved in the enforcement of marine environmental laws in Bangladesh. For vessel-source marine environment pollution, the lead ministry is the Ministry of Shipping and the lead agency is the Department of Shipping. The Department of Shipping is also responsible for implementation of all vessel-source pollution-related international conventions in Bangladesh.
One problem of maritime administration is that two sea ports of the country, Chittagong and Mongla, are not technically under the control of the Department of Shipping. These ports are established by separate law and treated as autonomous bodies. This fragmentation of authority makes it difficult for the Department of Shipping to take action under port State control. To enforce law in the territorial sea and EEZ, the Department of Shipping needs help from the Coast Guard, but there is no formal coordination between the agencies.
To solve this problem, all concerned agencies should be coordinated under a single authority.
Moreover, protection of marine environment is one of many duties of all these agencies, and not the main duty. Government officials are not specifically trained for detection of marine pollution as well as for pollution incident response.
There is an urgent need for capacity building. Moreover, the authority of different government agencies is not very clear. Different government agencies work in the same area with conflicting responsibilities.
The maritime administration, port administration, environment department, custom department, Coast Guard and naval forces are not coordinated under a single administration. These departments may be involved in enforcement of different regulations in the same field.
Table 1 briefly describes the responsibility of different government agencies in combating vessel-source marine pollution. Another management deficiency in maritime administration in Bangladesh is that concerned departments are not represented at IMO meetings. Officials of the maritime administration very rarely participate in the IMO meetings. Institutional capacity building must not be limited to providing training and coordination. Combating vessel-source marine pollution involves a huge amount of investment in facilities and equipment.
The government of Bangladesh must invest reasonable funds to provide pollution detection equipment to concerned departments. The Bangladesh Coast Guard is currently facing an extreme shortage of patrol boats and other equipment for detection of marine pollution. If the government considers that it is not possible to provide all these facilities from its own fund then the government should apply to international donor agencies and developed countries for financial assistance.
B Financial and Technical Issues In many cases, the least developed countries may not fully implement international marine environmental conventions due to financial inability or economic reasons. Providing reception facilities and collecting patrolling vessels and other equipment involve a huge amount of investment. Many of the least developed countries which are struggling to provide bare necessities for their people may consider investment for marine environmental protection as a luxury.
Bangladesh lacks sufficient technical and legal expertise. Alam, above n 90, Moreover, like many other least developed coastal States, maritime administrations in Bangladesh do not have sufficient funds to send their experts to countless meetings of international organizations. However, it should be noted that Bangladesh earns a considerable amount of revenue from sea ports and other maritime activities.
So, lack of political will, not financial inability can be identified as the main bottleneck behind the non-implementation of MARPOL in Bangladesh. C Changing Political Mindset There is a widespread lack of political will in the developing countries concerning the state of the marine environment and socio-economic impact of marine environmental pollution. Bangladesh is not an exception from the global scenario. Sometimes developing nations have responded to the global environmental protection movement with several reservations, implied or expressed.
This is because international marine environmental conventions have, in many respects, failed to reflect the needs of developing countries. Most of the initiatives for environmental conservation are largely ineffective. In recent times the government has been showing a positive attitude towards the prevention of vessel- source marine pollution.
Institutions, Implementation and Innovations 93, Environmental Order the Security of Survival In this article the writer offered some comment on forest-related laws of Bangladesh. Among these newly drafted rules, the Merchant Shipping Port State Control Rules may be particularly instrumental in implementing marine environment related international conventions in Bangladesh. If these rules and proposed Act are approved by the government and Bangladesh joins the IOMOU, the marine environmental protection regime in Bangladesh will be strengthened and implementation of international conventions may be ensured by this process.
D Participation of Non-State Actors and Creating Incentives for Environmental Compliance Environmental legislation in Bangladesh mainly adopts a command and control approach, that is, a top-down approach.
Most of the initiatives come from high officials without taking into account the opinion of field- level people. Environmental law-making processes are dominated by the authoritarian approach, and law is thus not an instrument of social engineering for the people.
In Bangladesh, mechanisms presently in place give no incentive for environmental compliance. The government has to find some market based mechanisms for solving environmental problems. Privatisation and attracting foreign investment may be one way of solving the problems.
For example, the government may give permission to the private sector to establish reception facilities. As a most progressive step, whole port facilities can be transferred to the private sector with strong regulation or a directive that private port operators must provide reception facilities. Moreover, it does not properly uphold the stated aims of relevant international conventions. This draft law needs to be redrafted with a clear understanding of the international conventions.
Making stringent law without providing necessary reception facilities may hinder international trade. Moreover, without capacity building, enforcement of new legislation will be highly problematic.
Before enacting a new law Bangladesh should develop its institutional capacity. I would now like to conclude by summarising those proposals again.
Firstly, in order to implement vessel-source marine pollution prevention conventions, the country should immediately undertake a capacity-building project for its maritime and port administration. Funds should be allocated on a priority basis for the establishment of reception facilities and collection of pollution detection equipment.
Moreover, the government may wish to invite private sector to provide reception facilities. Secondly, reform of the governance system is also critically required. At the moment there is no coordination between these departments. Since the Coast Guard has no independent funding, the port authorities should spend some portion of their revenue for the modernisation of the Coast Guard. In Bangladesh, different government agencies are working in the same area with overlapping and conflicting duties and responsibilities.
An immediate initiative should be taken for institutional reform to ensure better coordination between government agencies Finally, after establishing the necessary infrastructure, the draft MEC Act should be enacted as early as possible with necessary modifications and amendments as suggested in above.
A proper judicial forum has to be created for prosecution and dispute resolution, replacing the present inactive Marine Court.
In furtherance of a comprehensive legal framework for compensation for marine pollution damage, Bangladesh should consider ratifying CLC 92, FUND 92 and other IMO liability and compensation conventions. Bangladesh should not use the lack of financial assistance as an excuse for non- compliance with global standards. If there is firm determination from the government, at least some of the international conventions may be implemented in full or in part without any external help.
Even to get assistance from donor agencies and international financial institutions, the government of the respective country has to first initiate the proposal. The country has to implement MARPOL and other international marine environmental conventions for the betterment of its own people and environment. The global environmental initiative is not a hindrance to the process of economic development.