Crime and water pollution Discharges from ships Henk Ruessink ECENA course, Boedapest, December 2008.

crime and water pollution

Discharges from ships

Henk Ruessink

ECENA course, Boedapest, December 2008

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Damage Caused by Ships

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Damage Caused by Ships

Examples of particular issues:– Oil pollution– Chemicals– Sewage– Garbage– Mystery spills– Anti-fouling systems– Harmful aquatic organisms– Dumping wastes at sea– Groundings– Collisions

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result: coastline contamination

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Need for immediate resonse

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Water is life !“It is a precondition for human, animal and plant life as well as an indispensable resource for the economy.Water also plays a fundamental role in the climate regulation cycle.Protection of water resources, of fresh and salt water ecosystems and of the water we drink and bathe in is therefore one of the cornerstones of environmental protection in Europe. The stakes are high and the issues transcend national boundaries and concerted action at the level of the EUis necessary to ensure an effective protection”

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International Maritime OrganizationEstablished through UN Convention on Law of the Sea

Competent international organization (UN Agency)Established 1948; first assembly 1959

Maintain the balance between protection of the environment and navigation rights

Challenge: closing theimplementation gap

IMO Marine Environment Protection Committee– Primary forum for maritime conventions– Focus upon all types of ship related pollution

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Some history

• 1950s recognition of prroblem of sea pollution• 1954 first international convention: OILPOL

– Primary focus on oil: crude, fuel,lubricating, oily waste– Concentration limit, forbidden discharge zones

• 1959 first 100,000t crude tanker• 1962 more restrictions in OILPOL• 1967 Torrey Canyon disaster

– Shipwreck in Channel, 120,000t crude oil spill

• 1971 further amendmends of OILPOL

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More history

• 1973 International conference leads to treaty– International Convention for the Prevention of Pollution from

Ships (MARPOL)– Also sees to chemicals, cargo, sewage and garbage

• 1976: only 3 ratifications: Jordan, Kenya and Tunisia• 1976-1977 more grave accidents• 1978 new MARPOL 73/78 (includes 1973 treaty)• 1978 Amoco Cadiz shipwreck, France• 1989 Exxon Valdez disaster; call for double hullsS

(effective for new tankers, 1996)

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MARPOL 73/78 at a glance

• Ship-generated pollution as part of normal operations• Ensures that ships are adequately designed, equipped,

certified, operated and inspected• Requires States to deal with wastes from ships –

reception facilities• Applies to all ships (discharge requirements)• Convention with 6 technical Annexes

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MARPOL 73/78

• Convention with 6 technical annexes

annex Subject of pollution prevention Into force

I oil Oct. 1983

II noxious liquids in bulk April 1987

III harmful substances in packaged form

July 1992

IV sewage from ships Sept. 2003

V garbage from ship Dec. 1988

VI air May 2005

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MARPOL 73/78

annex Subject of pollution prevention Into force

II noxious liquid substances April 1987

Hazard-related qualitative and quantitative limitations to discharges in marine environment.

4 Categories: from fully prohibited to free discharge

More stringent restrictions applied in sensitive areas, e.g. the Baltic and Black Sea

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MARPOL 73/78

annex Subject of pollution prevention Into force

III harmful substances in packaged form

July 1992

Sets requirements for the issuing of standards on packing, marking, labelling, documentation, stowage, quantity limitations, exceptions and notifications for preventing pollution by such substances

Optional Annex !

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MARPOL 73/78

annex Subject of pollution prevention Into force

VI air May 2005

Sets limits on sulphur oxide and nitrogen oxide emissions from ship exhausts. Prohibits deliberate emissions of ozone depleting substances. Defines a global cap of 4.5% m/m on the sulphur content of fuel oil.Prohibits onboard incineration of certain goods.

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MARPOL 73/78

Annex

I & II

Annex

III

Annex

IV

Annex

V

Annex

VI

oil and noxious liquid substances

harmful substances carried at sea in packaged form

sewage from ships

garbage from ships

air pollution from ships

in force in force in force in force in force

145 parties 128 Parties 118 Parties 134 Parties 47 Parties

98.34% world tonnage

94.50% world tonnage

75.70% world tonnage

96.52% world tonnage

74.73% world tonnage

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Standards of MARPOL re. oil

• Discharge of oil or oily mixtures forbidden, unless:– Oil content of ship machinery < 15 ppm (after proper

treatment/separation)– Oil cargo residue is discharged at distance > 50nm to

nearest coast

• Oil/water treatment equipment on ships > 400 grt• Oil Record Book I/II• Segregated ballast tanks• Crude oil washing system• Double hull (new tankers)

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MARPOL and enforcement

“Wherever visible traces of oil are observed on or below thesurface of the water in the immediate vicinity of a vessel or itswake, Governments of Parties to the present Convention

should,to the extent that they are reasonably able to do,promptly investigate the facts bearing on the issue of whetherthere has been a violation of the provisions of this regulation.” • Primary obligation: flagstate• Concurrent jurisdiction: port state and coast state (art. 4.2)• Flagstate enforcement thusfar rather disappointing….

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MARPOL enforcement challenges

Detecting a violation not always easy

Collecting good evidence is a hurdle

Jurisdiction sometimes unclear

Tactical approaches depend on State system

Choice of sanction: penal, administrative, civil

Choice of defendant

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Areas of off shore jurisduction

FS

CS

CS

PS

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Modus operandi of offenders

• False statements• Failure to record• Failure to report• Bypassing equipment• Overruling systems• Switching off systems

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Surveillance and inspection

• Surveillance boats and vessel tracking• Aerial surveillance

– Airplanes– Visible spectrum (photographs, videos)– Radar, Infrared, ultra-violet (UV)

• Satellites (optical or microwave)• On board inspections

– Essential for evidence– Requires a good preparation

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False or true ORB entries?

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Bypassing pipes

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Flexible ‘solutions’

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Switch to overrule alarm

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More information

• www.imo.org

• www.interpol.int– Investigative Manual for Illegal Oil Discharges from

Vessels (CD-ROM)

• www.aquapol-police.com