Numerous environmental protection regulations have been launched for the ocean, while efforts have been made by the shipping industry in relation to the dumping of damaged cargo at sea. Examining these regulations, here is an overview :
Disposal of waste materials
1. MARPOL
Ship’s disposal methods and other items regarding waste materials involving meals and other personal activities of crew members, in addition to items used for the operation of a ship are stipulated in MARPOL 73/78.
The current rule concerning dumping waste materials from a ship into the sea became effective on March 1st 2018. This rule is the result of an amendment to Annex V adopted on 28th October 2016. Japan’s Marine Pollution Prevention Act and its enforcement regulations were also amended to comply with the amendments to Annex V.
According to UK P&I Club, there are two main components of the amendments to Annex V that were approved at MEPC70:
- The addition of standards to determine if bulk cargo other than grain is harmful to the marine environment.
- The requirement for shippers to provide the captain of a ship with information about whether or not cargo is harmful to the marine environment.
As a rule, the dumping into the sea waste materials on a ship is prohibited. However, this restriction does not apply to some of the waste materials that are certified as not harmful to the marine environment.
The amended Annex V covers the following waste materials:
- Cargo residues;
- Cleaning agents and additives in water used for cleaning;
- Dunnage and lining materials;
- Animal carcasses;
- All types of plastics;
- Food waste;
- Hot water used for cooking;
- Fishing gear;
- Domestic waste and other standard categories of waste materials.
The amendment to Annex V added cargo residues and cleaning agents and additives in water used for cleaning to the covered waste materials and allows dumping overboard only the types of these materials not harmful to the marine environment at a distance of at least 12 nautical miles from shore.
2. London Dumping Convention
The dumping of waste materials coming from the shore from a ship or other sources into the sea is restricted by the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, which is commonly known as the ‘London Dumping Convention’.
This international convention, which was established on November 13, 1972 and entered into force on August 30, 1975, prevents marine pollution by restricting the dumping of waste materials originating on shore into the sea from a ship, marine structure or aircraft and restricts the incineration of waste materials at sea.
On November 7, 1996, the 1972 London Dumping Convention was updated by the 1996 London Protocol with even stronger restrictions. The most significant change was the addition of a methodology called the “precautionary approach.”
This approach is applicable in cases where there is a reason to believe that discarding waste material or some other substance in the sea could have a detrimental effect. Even if there is no clear proof concerning a relationship between the discarded material and detrimental effect, “appropriate defensive measures” are required.
Furthermore, although the 1972 Convention allows discarding materials at sea under some conditions, the 1996 Protocol includes a list of materials that can never be discarded at sea. The full text of the Convention and the Protocol is available for those interested.
As of November 2018, 87 countries had approved the 1972 Convention and 51 countries had approved the 1996 Protocol, which has been amended three times. Both the 1996 Protocol and the amended version as of 2006 are in force. The United States has approved the Convention but has not yet approved the Protocol.
Dumping at sea of soiled or damaged cargo
1. Current status of disposal at sea of soiled or damaged cargo
As the UK P&I Club says, currently there are no specific provisions in any conventions concerning the disposal of soiled or damaged cargo. A strict interpretation of the MARPOL Convention and the London Dumping Convention leads to the conclusion that a ship’s cargo is not domestic waste or waste material associated with the operation of the ship. These waste materials can be categorized as unnecessary items. Therefore, under the Marine Pollution Prevention Act, ships cannot in principle dispose of these materials at sea.
If a ship’s cargo is dumped at sea based on the interpretation that the cargo is a waste material resulting from the operation of the ship, the MARPOL Convention and the Marine Pollution Prevention Act will be applicable. Nevertheless, discarding at sea any waste materials on a ship is, in principle, banned.
The only exception is some of the waste materials recognized as not harmful to the marine environment by MEPC62. On the other hand, Annex V of the amended MARPOL states that ships are allowed to dump cargo residues that are not harmful to the marine environment at a distance of at least 12 nautical miles from shore.
As a result, decisions in relation to the disposal of cargo residues depend on the type of cargo. The standard for cargo residues that are not harmful to the marine environment is whether or not the cargo has ‘rapid toxicity, chronic toxicity or a long-term toxicity regarding health’.
However, the crews of ships are not currently required to obtain information about the nature of the cargo they are carrying. As a result, more activities will be needed to establish a clear standard for cargo residues.
2. Proper measures for the dumping at sea of soiled or damaged cargo
When dumping in the sea, the cargo that has become soiled or damaged on the ship is not be possible, the only course of action is to offload the cargo on land. However, the Basel Convention restricts the import and export of waste materials.
This means that soiled or damaged cargo cannot be offloaded as a waste material. Moreover, the London Dumping Convention does not allow ships and other modes of transportation to dump at sea any waste materials that originated on shore. Consequently, the disposal at sea of soiled or damaged cargo is also not allowed.
In conclusion, waste materials must be processed in accordance with designated procedures based on a consensus reached by all government agencies and other parties involved with this matter.
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