MARPOL Annex III: Prevention of Pollution By Harmful Substances In Packaged Form

Prevention of pollution by harmful Prevention of pollution by harmful substances in packaged formsubstances in packaged form

Annex III of Marpol 73/78Annex III of Marpol 73/78

OctoberOctober 20092009

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCES (in packaged form)SUBSTANCES (in packaged form)

1. Application1. Application

• • to all ships carrying harmful substances in packaged form, or in to all ships carrying harmful substances in packaged form, or in freight containers, portable tanks or road and rail tank wagons freight containers, portable tanks or road and rail tank wagons

where:where: ""harmful substancesharmful substances” are the substances which are identified ” are the substances which are identified as marine pollutants in the International Maritime Dangerous as marine pollutants in the International Maritime Dangerous Goods Code (IMDG Code). Goods Code (IMDG Code). ** “ “packaged formpackaged form” is defined as the forms of containment ” is defined as the forms of containment specified for harmful substances in the IMDG Code.specified for harmful substances in the IMDG Code.

** Refer to the Refer to the IMDG Code adopted by the IMO by resolutionadopted by the IMO by resolution MSC.122(75), MSC.122(75), as amendedas amended by the Maritime Safety Committee. by the Maritime Safety Committee. The Marpol Annex III has been revised to harmonize the regulations to harmonize the regulations with the criteria for defining marine pollutants which have been adopted with the criteria for defining marine pollutants which have been adopted by the UN Transport of Dangerous Goods (TDG) Sub-Committee.by the UN Transport of Dangerous Goods (TDG) Sub-Committee.

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCESSUBSTANCES

1. Application1. Application cont. cont.

•• carrying harmful substances is prohibited, carrying harmful substances is prohibited, except in accordance with the provisions except in accordance with the provisions of the attached regulationsof the attached regulations

• • governments are obliged to issue detailed governments are obliged to issue detailed requirements on packing, marking, labelling, requirements on packing, marking, labelling, documentation, stowage, quantity limitations documentation, stowage, quantity limitations and exceptions for preventing or minimizing and exceptions for preventing or minimizing pollution of the marine environment by harmful pollution of the marine environment by harmful substances.substances.

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCESSUBSTANCES

1. Application1. Application cont. cont.

• empty packagingempty packaging which were used previously which were used previously

for harmful substances shall themselves for harmful substances shall themselves

be treated as harmful substances unless be treated as harmful substances unless

suitable precautions are taken to ensure suitable precautions are taken to ensure

that they contain no harmful residue.that they contain no harmful residue.

• • the requirements of this Annex do not applythe requirements of this Annex do not apply

to ship’s stores and equipment.to ship’s stores and equipment.

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCESSUBSTANCES

2. Packing, marking and labelling2. Packing, marking and labelling

• Packages Packages shall be adequate to minimize the hazard to the shall be adequate to minimize the hazard to the marine environment, having regard to their specific contents.marine environment, having regard to their specific contents.

• • Packages containing a harmful substance shall be Packages containing a harmful substance shall be durably marked with the correct technical name durably marked with the correct technical name (trade names alone shall not be used) and, (trade names alone shall not be used) and, durably marked or labelled to indicate that durably marked or labelled to indicate that the substance is a the substance is a Marine PollutantMarine Pollutant. . Such identification shall be supplemented Such identification shall be supplemented where possible by any other means, for example, where possible by any other means, for example, by use of the relevant by use of the relevant United Nations number.United Nations number.

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCESSUBSTANCES

2. Packing, marking and labelling2. Packing, marking and labelling cont cont

• • The method of The method of markingmarking the correct technical name and the correct technical name and of affixing labels on packages containing a harmful substance of affixing labels on packages containing a harmful substance shall be identifiable on packages surviving at least three months’shall be identifiable on packages surviving at least three months’immersion in the sea. In considering suitable marking and immersion in the sea. In considering suitable marking and labelling, the durability of the materials used and of the surface labelling, the durability of the materials used and of the surface of the package shall be taken into account.of the package shall be taken into account.

• • Packages containing small quantities of harmful Packages containing small quantities of harmful substances may be exempted from the marking substances may be exempted from the marking requirements. requirements.

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCESSUBSTANCES

3.3. Documentation*Documentation*

• • In all documents relating to the carriage of harmful substances by In all documents relating to the carriage of harmful substances by sea, the correct technical name of each such substance shall be sea, the correct technical name of each such substance shall be used (trade names alone shall not be used) and the substance used (trade names alone shall not be used) and the substance

further identified by the addition of the words further identified by the addition of the words “MARINE “MARINE POLLUTANT”.POLLUTANT”.

• • The shipping documents supplied by the shipper shall The shipping documents supplied by the shipper shall include a signed certificate or declaration that the shipment include a signed certificate or declaration that the shipment offered for carriage is properly packaged and marked, labelled offered for carriage is properly packaged and marked, labelled and in proper condition for carriage to minimize the hazard to the and in proper condition for carriage to minimize the hazard to the marine environment.marine environment.

* * Reference to “documents” in this regulation does not preclude the use ofReference to “documents” in this regulation does not preclude the use of electronic data processing (EDP) and electronic data interchange (EDI) electronic data processing (EDP) and electronic data interchange (EDI) transmission techniques as an aid to paper documentationtransmission techniques as an aid to paper documentation

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCESSUBSTANCES

3.3. DocumentationDocumentation cont. cont. A special list or manifestA special list or manifest indicating the harmful indicating the harmful substances on board and their location shall be substances on board and their location shall be on board each ship carrying harmful substances.on board each ship carrying harmful substances. A detailed stowage planA detailed stowage plan which shows the location which shows the location of the harmful substances on board may be used of the harmful substances on board may be used instead ofinstead of such special list or manifest. such special list or manifest. Copies Copies of such documents shall also be retained on shore by the of such documents shall also be retained on shore by the owner of the ship or his representative until the harmful substances owner of the ship or his representative until the harmful substances are unloaded. are unloaded. A copyA copy of one of these documents shall be made of one of these documents shall be made available before departure to the person or organization designated available before departure to the person or organization designated by the port State authority. by the port State authority.

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCESSUBSTANCES

3.3. DocumentationDocumentation cont. cont.

• • At any stopover, where any loading or unloading operationsAt any stopover, where any loading or unloading operations

are carried out, are carried out, a revision of the documentsa revision of the documents listing listing

the harmful substances taken on board shall bethe harmful substances taken on board shall be

made available before departure made available before departure

Note: Note: When the ship carries a special list or manifest or a detailed stowage When the ship carries a special list or manifest or a detailed stowage plan plan

required for the carriage of dangerous goods by the SOLAS 1974required for the carriage of dangerous goods by the SOLAS 1974, the documents , the documents

required by this regulation may be combined with those for dangerous goods. required by this regulation may be combined with those for dangerous goods.

Where documents are combined, Where documents are combined, a clear distinction shall be made between a clear distinction shall be made between

dangerous goods and harmful substances covered by Annex IIIdangerous goods and harmful substances covered by Annex III

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCESSUBSTANCES

3.3. DocumentationDocumentation cont. cont.

• • Multimodal Dangerous Goods FormMultimodal Dangerous Goods Form

special form may be used as a dangerous goods declaration as special form may be used as a dangerous goods declaration as

it meets the requirements of SOLAS 74, chapter VII, regulation 4; it meets the requirements of SOLAS 74, chapter VII, regulation 4;

MARPOL 73/78, Annex III, regulation 4MARPOL 73/78, Annex III, regulation 4

Click here for: Click here for: „„MULTIMODAL DANGEROUS GOODS FORM”MULTIMODAL DANGEROUS GOODS FORM”

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCESSUBSTANCES

4. Stowage and quantity limitations4. Stowage and quantity limitations

• • Harmful substancesHarmful substances shall be properly stowed and secured shall be properly stowed and secured to minimize the hazards to the marine environment to minimize the hazards to the marine environment without impairing the safety of the ship and persons on board.without impairing the safety of the ship and persons on board.

• • Certain harmful substances may, for scientific and technical Certain harmful substances may, for scientific and technical reasons, need to be reasons, need to be prohibitedprohibited for carriage or be for carriage or be limited to the quantity which may be carried aboard any ship. limited to the quantity which may be carried aboard any ship. In limiting the quantity, due consideration shall be given to In limiting the quantity, due consideration shall be given to size, construction and equipment of the ship, as well as thesize, construction and equipment of the ship, as well as the packaging and the inherent nature of the substances. packaging and the inherent nature of the substances.

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCESSUBSTANCES

5. Exceptions5. Exceptions

• • Jettisoning Jettisoning of harmful substances carried in packaged form of harmful substances carried in packaged form shall be prohibited, except where necessary for the purpose shall be prohibited, except where necessary for the purpose of securing the safety of the ship or saving life at sea.of securing the safety of the ship or saving life at sea.

• • Appropriate measures based on the physical, chemical and Appropriate measures based on the physical, chemical and biological properties of harmful substances shall be taken to biological properties of harmful substances shall be taken to control the washing of control the washing of leakages overboardleakages overboard, provided it, provided it would not impair the safety of the ship and persons on board.would not impair the safety of the ship and persons on board.

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCESSUBSTANCES

6. Port State Control on operational requirements*6. Port State Control on operational requirements*

1. when in port a ship can be inspected by authorized PSC officers1. when in port a ship can be inspected by authorized PSC officers

2. if the master or crew are not familiar with essential shipboard 2. if the master or crew are not familiar with essential shipboard procedures preventing pollution by harmful substances, all procedures preventing pollution by harmful substances, all should be done to ensure that the situation has been brought to ordershould be done to ensure that the situation has been brought to order

3. if ships equipment is broken or missing or ship has suffered 3. if ships equipment is broken or missing or ship has suffered damages en route, Port Authorities must be informed accordingly damages en route, Port Authorities must be informed accordingly and if remedies were agreed with the flag state, the ship is not and if remedies were agreed with the flag state, the ship is not to be detained.to be detained.

* Refer to the Procedures for port State control resolution* Refer to the Procedures for port State control resolution A.787(19) as amended by resolution A.882(21);A.787(19) as amended by resolution A.882(21);

PREVENTING POLLUTION BY HARMFUL PREVENTING POLLUTION BY HARMFUL SUBSTANCESSUBSTANCES

7. Implementation of amended regulations7. Implementation of amended regulations

• • Amended Annex III of MARPOL 73/78:Amended Annex III of MARPOL 73/78: - 1 July 09 - Acceptance of amendments- 1 July 09 - Acceptance of amendments

• • IMDG Code revision:IMDG Code revision:

- 1 January 2009 - voluntary use of amdt 34-08- 1 January 2009 - voluntary use of amdt 34-08 - 1 January 2010 - entry into force of amdt 34-08- 1 January 2010 - entry into force of amdt 34-08

Click here for further information on International Maritime Dangerous Goods (IMDG) CodeClick here for further information on International Maritime Dangerous Goods (IMDG) Code