Clasification Society Rulefinder 2020 - Version 9.33 - Fix
Statutory Documents - IMO Publications and Documents - Resolutions - Assembly - IMO Resolution A.1052(27) – Procedures for Port State Control, 2011 – (Adopted on 30 November 2011) - Annex – Procedures for Port State Control, 2011 - Appendix 5 – Guidelines for Discharge Requirements Under Annexes I and II of MARPOL - 1 Introduction

1 Introduction

  1.1 Regulations 15 and 34 of MARPOL Annex I prohibit the discharge into the sea of oil and regulation 13 of Annex II prohibits the discharge into the sea of noxious liquid substances except under precisely defined conditions. A record of these operations shall be completed, where appropriate, in the form of an Oil or Cargo Record Book as applicable and shall be kept in such a place as to be readily available for inspection at all reasonable times.

  1.2 The regulations referred to above provide that whenever visible traces of oil are observed on or below the surface of the water in the immediate vicinity of a ship or of its wake, a Party should, to the extent that it is reasonably able to do so, promptly investigate the facts bearing on the issue of whether or not there has been a violation of the discharge provisions.

  1.3 The conditions under which noxious liquid substances are permitted to be discharged into the seas include quantity, quality, and position limitations, which depend on category of substance and sea area.

  1.4 An investigation into an alleged contravention should therefore aim to establish whether a noxious liquid substance has been discharged and whether the operations leading to that discharge were in accordance with the ship's Procedures and Arrangements Manual (P and A Manual).

  1.5 Recognizing the likelihood that many of the violations of the discharge provisions will take place outside the immediate control and knowledge of the flag State, Article 6 of MARPOL provides that Parties shall cooperate in the detection of violations and the enforcement of the provisions using all appropriate and practicable measures of detection and environmental monitoring, adequate procedures for reporting and gathering evidence. MARPOL also contains a number of more specific provisions designed to facilitate that cooperation.

  1.6 Several sources of information about possible violations of the discharge provisions can be indicated. These include:

  • .1 Reports by masters: Article 8 and Protocol I of MARPOL require, inter alia, a ship's master to report certain incidents involving the discharge or the probability of a discharge of oil or oily mixtures, or noxious liquid substances or mixtures containing such substances;

  • .2 Reports by official bodies: Article 8 of MARPOL requires furthermore that a Party issue instructions to its maritime inspection vessels and aircraft and to other appropriate services to report to its authorities incidents involving the discharge or the probability of a discharge of oil or oily mixtures, or noxious liquid substances or mixtures containing such substances;

  • .3 Reports by other Parties: Article 6 of MARPOL provides that a Party may request another Party to inspect a ship. The Party making the request shall supply sufficient evidence that the ship has discharged oil or oily mixtures, noxious liquid substances or mixtures containing such substances, or that the ship has departed from the unloading port with residues of noxious liquid substances in excess of those permitted to be discharged into the sea; and

  • .4 Reports by others: It is not possible to list exhaustively all sources of information concerning alleged contravention of the discharge provisions. Parties should take all circumstances into account when deciding upon investigating such reports.

  1.7 Action which can be taken by States other than the flag or port States that have information on discharge violations (hereinafter referred to as coastal States):

  • .1 Coastal States, Parties to MARPOL, upon receiving a report of pollution by oil or noxious liquid substances allegedly caused by a ship, may investigate the matter and collect such evidence as can be collected. For details of the desired evidence reference is made to appendices 3 and 4;

  • .2 If the investigation referred to under subparagraph .1 above discloses that the next port of call of the ship in question lies within its jurisdiction, the coastal State should also take port State action as set out in paragraphs 2.1 to 2.6 below;

  • .3 If the investigation referred to in subparagraph .1 above discloses that the next port of call of the ship in question lies within the jurisdiction of another Party, then the coastal State should in appropriate cases furnish the evidence to that other Party and request that Party to take port State action in accordance with paragraphs 2.1 to 2.6 below; and

  • .4 In either case referred to in subparagraphs .2 and .3 above and if the next port of call of the ship in question cannot be ascertained, the coastal State shall inform the flag State of the incident and of the evidence obtained.

Parent topic: Appendix 5 – Guidelines for Discharge Requirements Under Annexes I and II of MARPOL
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