MARPOL Regulations

IMO MARPOL Convention

The IMO MARPOL Convention: Protecting Our Oceans

The International Convention for the Prevention of Pollution from Ships (MARPOL) is a vital set of international regulations, that safeguard our precious marine environment. With its comprehensive coverage of marine pollution, including oil, harmful substances, wastewater, garbage, sulphur oxide (SOx) emissions and nitrogen oxide (NOx), MARPOL ensures a cleaner and more sustainable future for our oceans.

Overview of MARPOL Annex VI Framework

Embracing a Greener Future for Global Marine Traffic

As global marine traffic grows remarkably at approximately 3.8% per annum, the need for stringent emissions standards has become more critical than ever. MARPOL Annex VI, which came into force in 2005 and boasted 93 state parties as of May 21, 2019, constituting nearly 96.68% of the world’s merchant fleet’s gross tonnage, imposes obligations on controlling pollutant discharge into the atmosphere. State parties have the authority to enforce these regulations on ships operating in their territorial waters.

MARPOL Annex VI comprises five chapters (25 regulations), with Chapter 3 addressing emissions control requirements. Regulation 13 focuses on NOx emissions, while Regulation 14 pertains to SOx emissions.

MARPOL Annex VI Regulation 13: Governing Vessel NOx Emissions

Driving NOx Emissions Reductions for Cleaner Seas

Regulation 13 within MARPOL Annex VI applies to vessels with engines exceeding 130kW power output, installed on ships constructed on or after January 1, 2000. The regulation establishes three tiers of emissions standards: Tier I, Tier II, and Tier III. For vessels built on or after January 1, 2011, and January 1, 2016, Tier II and Tier III standards apply, respectively, imposing a 20% and 80% reduction in emissions compared to Tier I. Tier III is currently applicable in the North American and US Caribbean Sea Area Emission Control Area (ECA). It will also extend to the Baltic and North Sea ECAs from January 1, 2021. These standards apply to both main propulsion and auxiliary engines, ensuring comprehensive NOx reduction.

MARPOL Annex VI Regulation 14: Governing Vessel SOx Emissions

Curbing SOx Emissions: A Progressive Approach

Regulation 14 of MARPOL Annex VI targets the sulphur content in fuel oil aboard ships, effectively reducing SOx emissions. Over the past decade, these standards have progressively tightened to combat marine pollution.

For non-ECAs, the sulphur content threshold for ships was reduced to 3.5% m/m on October 1, 2012, and to 0.50% m/m on January 1, 2020. In ECAs, the threshold decreased to 1% m/m on July 1, 2010, and then to 0.10% m/m on January 1, 2015. ECAs apply to the Baltic Sea, North, North American area (including designated coastal areas of the U.S. and Canada), and the U.S. Caribbean Sea (surrounding Puerto Rico and the U.S. Virgin Islands).

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Penalties for Non-Compliance with MARPOL Annex VI Framework

Safeguarding Our Oceans: Upholding Strict Enforcement

In the North American and U.S. Caribbean Sea ECAs, the United States Environmental Protection Agency (EPA) collaborates with the U.S. Coast Guard to conduct inspections, investigations, and enforcement actions against violations. These actions include overseeing marine fuelling facilities, conducting compliance inspections, and reviewing records. The EPA may impose civil penalties, guided by the Act to Prevent Pollution from Ships (APPS) provisions, which implement MARPOL Annex VI. Penalties can reach up to US$25,000 per violation, per day, depending on the severity and circumstances of the violation. Record-keeping violations may incur penalties ranging from US$2,500 to US$15,000 per violation, per day, based on the gravity of the offence. Striving to deter non-compliance and eliminate economic benefits derived from violations, the EPA remains steadfast in its commitment to enforcing the sulphur cap and other regulations. Similar success in enforcement has been observed in the Baltic Sea ECA, where SOx emissions were reduced by over 80% from 2014 to 2016, thanks to stringent enforcement measures and innovative technologies.

Enforcement in developing countries

Enforcement efforts are not limited to developed countries, as developing nations such as India and Indonesia have embraced MARPOL Annex VI obligations to enforce the 0.50% (5,000 ppm) sulphur cap regulations. Compliance and enforcement vary across jurisdictions, but non-compliant vessels can expect civil and potentially criminal sanctions. As stated in MARPOL Convention Article 4(4), penalties must be sufficiently severe to discourage violations, regardless of where they occur.

DISCLAIMER

The information presented in this article is intended for general informational purposes only. Although we strive to ensure its accuracy and completeness, Interion Pte Ltd assumes no responsibility for any reliance on this information. The use of this article and its contents is at your own risk, and we shall not be liable for any loss or damage, whether indirect or consequential, arising from the use of this article.

References

See https://www.epa.gov/sites/production/files/documents/annexvi-mou062711.pdf for 2011 MOU between EPA and the US Coast Guard.

See https://www.epa.gov/sites/production/files/2015-03/documents/marinepenaltypolicy.pdf for EPA’s memorandum on its penalty policy.

See report by Holman, Fenwick & Willan (HFW): https://www.hfw.com/Sulphur-emissions-in-the-Baltic-Sea-two-years-on-June-2017

See S&P Global Platts’ report on India’s shipping ministry’s position: https://www.spglobal.com/platts/en/market-insights/latest-news/shipping/092419-india-to-enforce-imo-2020-rule-on-both-domestic-international-shipping-ministry-officials

See Singapore Business Times’ report on the Indonesian Transport Ministry’s statement: https://www.businesstimes.com.sg/transport/indonesia-will-implement-imo-low-sulphur-fuel-rule-on-schedule-ministry