Guidance on the revised MARPOL Annex V entering into force 1 January 2013.

The chain of responsibilities for implementation of the revised MARPOL Annex V is extended among others to include: Shippers and charterers - obliged to properly declare whether cargoes and/or any cleaning agents supplied are being classed as Harmful to the Marine Environment (HME) Ports and terminals - to provide adequate port reception facilities within special areas and/or when handling cargoes classified as being Harmful to the Marine Environment (HME)

In light of our industrys experiences with IMO Members States not honoring their obligations under MARPOL to ensure that adequate and affordable reception facilities are provided for, the above-mentioned responsibility of ports and terminals could be expected to be a long process in order to meet the full implementation of the revised MARPOL Annex V requirements by all parties. For additional inquiries related to MARPOL Annex V or Solid Bulk cargoes or other marine technical matters, please contact marine@bimco.org

Extracts from the revised MARPOL Annex V related to cargo residues:

Regulation 1 - Definitions 2 Cargo residues means the remnants of any cargo which are not covered by other Annexes to the present Convention and which remain on the deck or in holds following loading or unloading, including loading and unloading excess or spillage, whether in wet or dry conditions or entrained in wash water but does not include cargo dust remaining on the deck after sweeping or dust on the external surfaces of the ship.
5 En route means that the ship is underway at sea on a course or courses, including deviation from the shortest direct route, which as far as practicable for navigational purposes, will cause any discharge to be spread over as great an area of the sea as is reasonable and practicable. 12 Operational wastes means all solid wastes (including slurries) not covered by other Annexes that are collected on board during normal maintenance or operations of a ship, or used for cargo stowage and handling. Operational wastes also include cleaning agents and additives contained in cargo hold and external wash water. Operational wastes does not include grey water, bilge water, or other similar discharges essential to the operation of a ship, taking into account the guidelines developed by the Organization.

Regulation 4 - Discharge of garbage outside special areas 1 Subject to the provisions of regulations 5, 6, and 7 of this Annex, discharge of the following garbage into the sea outside special areas shall only be permitted while the ship is en route and as far as practicable from the nearest land, but in any case not less than: 1.3 12 nautical miles from the nearest land for cargo residues that cannot be recovered using commonly available methods for unloading. These cargo residues shall not contain any substances classified as harmful to the marine environment, taking into account guidelines developed by the Organization.

2 Cleaning agents or additives contained in cargo hold, deck and external surfaces wash water may be discharged into the sea, but these substances must not be harmful to the marine environment, taking into account guidelines developed by the Organization.

Regulation 6 - Discharge of garbage within special areas 1.2 Discharge of cargo residues that cannot be recovered using commonly available methods for unloading, where all the following conditions are satisfied: 2.1 Cargo residues, cleaning agents or additives, contained in hold washing water do not include any substances classified as harmful to the marine environment, taking into account guidelines developed by the Organization; 1.2.2 Both the port of departure and the next port of destination are within the special area and the ship will not transit outside the special area between those ports; 1.2.3 No adequate reception facilities are available at those ports taking into account guidelines developed by the Organization; and 1.2.4 Where the conditions of subparagraphs 2.1, 2.2 and 2.3 of this paragraph have been fulfilled, discharge of cargo hold washing water containing residues shall be made as far as practicable from the nearest land or the nearest ice shelf and not less than 12 nautical miles from the nearest land or the nearest ice shelf. 2 Cleaning agents or additives contained in deck and external surfaces wash water may be discharged into the sea, but only if these substances are not harmful to the marine environment, taking into account guidelines developed by the Organization.

MARPOL Annex V Special Areas

* The Special Area requirements for these areas have not yet taken effect because of lack of notifications from MARPOL Parties whose coastlines border the relevant special areas on the existence of adequate reception facilities (regulations 38.6 of MARPOL Annex I and 5(4) of MARPOL Annex V).

Regulation 8 - Reception facilities 1 Each Party undertakes to ensure the provision of adequate facilities at ports and terminals for the reception of garbage without causing undue delay to ships, and according to the needs of the ships using them. 2 Each Party shall notify the Organization for transmission to the Contracting Parties concerned of all cases where the facilities provided under this regulation are alleged to be inadequate. 3 Reception facilities within special areas .1 Each Party, the coastline of which borders a special area, undertakes to ensure that as soon as possible, in all ports and terminals within the special area, adequate reception facilities are provided, taking into account the needs of ships operating in these areas. .2 Each Party concerned shall notify the Organization of the measures taken pursuant to subparagraph 3.1 of this regulation. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of regulation 6 of this Annex in respect of the area in question are to take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date. Until the date so established, ships that are navigating in a special area shall comply with the requirements of regulation 4 of this Annex as regards discharges outside special areas.

Hold Washing Water & Cargo Residues

Cargo residues and hold washing water can still be discharged into the sea if certain criteria are fulfilled i.e. the discharge is done outside a MARPOL Annex V special Area or the cargo in question is not classified as Harmful to the Marine Environment (HME).
Residues of cargoes classified as HME are not allowed to be discharged and have to be delivered to a port reception facility. Ships carrying cargo classified as HME are likewise not allowed to pump hold bilges overboard. Deliveries of HME cargo residues and hold washing originating from HME cargoes have to be fully proven and documented in the ships garbage record book. The Guidelines include definitions for HME for both cargoes and cleaning agents Shippers must declare whether a cargo is or is not HME in the declaration required by section 4.2 of the IMSBC Code. Cleaning agents can be discharged into the sea if declared or proven not harmful to the marine environment. The ships should have on board documented evidence from the producer(s) of the cleaning agent(s) that the criteria for not being harmful to the marine environment are met.

Implementation of MARPOL Annex V - Provisional classification of solid bulk cargoes under the revised MARPOL Annex V between 1 January 2013 and 31 December 2014 The IMO Marine Environment Protection Committee (MEPC) after having considered the challenges associated with the classification of solid bulk cargoes and discharge of associated cargo residues in accordance with the requirements of the revised MARPOL Annex V recognized that a transitional period for the implementation of this aspect of MARPOL Annex V would greatly facilitate maritime trade of solid bulk cargoes. The MEPC agreed that such a transitional period for the implementation of this aspect of MARPOL Annex V only would contribute with minimal additional risk to the marine environment and agreed to issue the MEPC1. Circular 791 related to the implementation of the revised MARPOL Annex V and in particular the need for provisional classification of solid bulk cargoes under the revised MARPOL Annex V between 1 January 2013 and 31 December 2014.

BIMCO Members are reminded of the BIMCO Hold Cleaning/Residue Disposal Clause For Time Charter Parties a) The Charterers may request the Owners to direct the crew to sweep and/or wash and/or clean the holds between voyages and/or between cargoes against payment at the rate of . per hold, provided the crew is able safely to undertake such work and is allowed to do so by local regulations. In connection with any such operation the Owners shall not be responsible if the Vessel's holds are not accepted or passed. Time for cleaning shall be for the Charterers account. b) All materials (including chemicals and detergents) required for cleaning of cargo holds shall be supplied by and paid for by the Charterers. c) Throughout the currency of this Charter Party and at redelivery, the Charterers shall remain responsible for all costs and time, including deviation, if any, associated with the removal and disposal of cargo related residues and/or hold washing water and/or chemicals and detergents and/or waste as defined by MARPOL Annex V, Regulation 1 or other applicable rules relating to the disposal of such substances.

List of references:

Revised MARPOL Annex V

2012 Guidelines for the Implementation of MARPOL Annex V MEPC.1/Circ.791 Implementation of MARPOL Annex V: Provisional classification of solid bulk cargoes under the revised MARPOL Annex V between 1 January 2013 and 31 December 2014 MEPC.1/Circ.469/Rev.1 Revised Consolidated Format for Reporting Alleged Inadequacies of Port Reception Facilities The Global Integrated Shipping information System (GISIS) - an online database providing access to among others information related to Port Reception Facilities and Contact Points Please note that users have to register in order to be granted access and use of the GISIS that likewise have supersede a number of IMO circulars and documents! For further information and registration please go to the GISIS website http://gisis.imo.org/Public/Default.aspx For further information please visit www.bimco.org