marpol enforcement in the eu - p&i insurance | west of … … · · 2018-02-05marpol...

MARPOL Enforcement in the EU

Athens, Greece, 2nd February 2018

Capt. Simon Rapley

Introduction

■ What we will be covering:

■ EU Port Reception Facilities Directive■ MARPOL Annex I – Oily Bilge Water■ MARPOL Annex IV – Sewage■ MARPOL Annex V – Garbage■ MARPOL Annex VI – Emissions

EU Port Reception Facilities Directive


■ EU Directive 2000/59/EC on Port Reception Facilities for Ship-Generated Waste and Cargo Residues (PRF Directive)

■ The main objective of the PRF Directive is to reduce the discharge of ship-generated waste (SGW) and cargo residues (CR) into the sea, by requiring that vessels visiting EU ports deliver all SGW to PRF before departure. The PRF Directive also requires vessels to notify the port of the SGW and CR it intends to deliver and pay a fee to cover the costs of port reception facilities and the treatment and disposal of SGW.

■ The PRF Directive applies to all ships of all flags, including fishing vessels and recreational craft, calling at, or operating within, a port of an EU Member State


■ Methodology for selecting a ship for inspection


■ EU Port Reception Facilities Directive - Guidance for Ship Inspections (2000/59/EC)

■ Enforcement / Penalties■ a warning or simple request to comply with any non-conformity, such as

re-notification

■ a formal request to deliver SGW before the vessel leaves, for example when there is in-sufficient storage capacity for the ships SGW for the next journey

■ holding the ship to ensure notification and delivery of all or part of the SGW. However, if this happens then the flag State of the ship should be informed in order to follow international practice during survey and inspection. If a ship leaves without notifying and/or delivering its SGW, or without following an enforcement request then the next port of call should be notified; and,


■ EU Port Reception Facilities Directive (2000/59/EC)■ Enforcement / Penalties

■ penalties as per the provisions in national legislation and for more serious cases a legal case can be initiated against master of the ship based on the provisions of the MS national legislation. If the non-conformity is also a deficiency under MARPOL regulations the PSC authority should also be informed

■ The use of when and how to use these enforcement rules and penalties are at the discretion of the PRF inspector, following guidance from the competent authority

MARPOL Annex I

MARPOL Annex I - OWS

■ Equipment to filter oily water required on all ships ≥400 GT –Oily Water Separator (OWS)

■ Approved device to ensure mixture has an oil content not > 15ppm (V/L ≥ 400 GT and < 10,000 GT)

■ Approved device to alarm and automatically stop overboarddischarge if oil content > 15 ppm (V/L ≥ 10,000 GT)

■ Ship must be proceeding en route

■ Holding tank to retain oily bilge water

■ Also record details of disposal and incineration

MARPOL Annex I - OWS

■ If using the OWS in a MARPOL Annex I Special Area

■ Approved device to alarm and automatically stop overboarddischarge if oil content > 15 ppm

MARPOL Annex I - ORB

■ Oil Record Book (Machinery Space Operations) required on allvessels ≥ 400 GT

■ Must be in a prescribed form

■ To be completed on each occasion, without delay,when….“Discharge overboard or disposal otherwise of bilgewater which has accumulated in machinery spaces”

■ Each completed operation to be signed by the officer(s) incharge

■ Each page to be signed by the Master

■ Any failure of the oil filtering equipment is to be recorded

MARPOL Annex I - ORB

■ For vessels in possession of an IOPP Certificate, entries to be,at least, in English, French or Spanish

■ ORB to be kept readily available for inspection at all times

■ ORB to be retained for at least three years after the last entry ismade

■ The Competent Authority of a State that is party to MARPOLAnnex I may inspect the ORB, and take copies, which theMaster may be required to sign and certify. Such certifiedcopies shall be admissible in judicial proceedings

MARPOL Annex I – Oily Bilge WaterIntertanko ORB Entries Guide

MARPOL Annex I - PSC

MARPOL Annex I – Oily Bilge Water

■ Evidence of non-compliance?...

■ Chipped or fresh paint.

■ Oily marks and smudges around pipe joints.

■ Blanked off flanges and flanged flexible hoses.

■ Possible crossover pipes (to ODV, sewage, ballast).

■ Removable spool pieces and elbows in pipelines.

■ Inability to operate OWS.

■ Suspicious crew behaviour & conflicting statements.


■ Oil Record Book inconsistencies:

entries too few or too regular.

entries made in pencil and/or erased.

pages missing.

blank lines left between entries.

lack of sludge disposal receipts.

sludge production & disposal records don’t match.


IMPORTANT

Do not obstruct the investigators

Do not amend or destroy records

Do not try to influence crewmembers

Do not lie

Being uncooperative may make the situation worse.

If OWS/ORB violations are alleged, notify the Club immediately as legal representation will be required.


■ Shipowner may have taken preventive measures:

written policies and procedures crew familiarisation and training inspections by superintendents signs posted in engine room no tangible incentive for crew to bypass OWS assurances by crew that requirements observed

■ This may not be enough!

■ “I didn’t know what was going on” is no defence


IMPORTANTA company cannot escape prosecution by claiming that it “didn’tknow”. It is essential that efforts are made by senior officers andshore management to verify the effectiveness of existingpreventive measures. Don’t leave this to chance!

MARPOL Annex I – Oily Bilge WaterClub Cover

Notice to Members No. 9 2004/2005 - Criminal Enforcement of Oily Water Separator Related Offences and Club Cover.

“…any fine or penalty imposed may not be covered by the Club if the discharge of oil was not accidental or if the Member failed to take reasonable steps to prevent the incident…”


■ Club always reserves its position from the outset

■ Member advised that cover prejudiced if they:

failed to take reasonable steps to prevent incident exercised wilful misconduct

■ If criminal proceedings likely, support for defence costswithdrawn.

■ Managers have no discretion to provide bail even againstcounter security from Members (decision by Club’s Board).


■ If criminal case, Member will need to provide/fund:

legal assistance to crew members (and possibly to superintendent / DPA/ senior management).

hotel for crew while authorities investigate. Bail to release ship and crew from detention (cash deposit or whatever

else may be demanded).

■ Board may review decision once case has ended

■ Board highly unsympathetic towards such cases

■ Each case evaluated on its own merits, so….

Do not assume that P&I cover is automatic in incidents of thisnature as in many circumstances there may be no cover at all.

MARPOL Annex I – Oily Bilge WaterReview of SMS by Managers

■ May be required by Club following such an incident

■ Is company operating in a responsible manner?

■ Is the SMS working effectively?

inspection/maintenance/PMS records. accident and investigation reports. effectiveness of internal audits/corrective action. communications. recruitment and training of personnel.

■ Close co-operation required and expected

MARPOL Annex I – Oily Bilge WaterPreventive Measures

■ Comply with the provisions of MARPOL

■ Be truthful if questioned by PSC / Police

■ Ensure ORB completed accurately & check figures

■ Pay special attention to OWS and OCM:

inspect, maintain, test & calibrate as specified. keep detailed records including painting/dismantling. check pipelines/fittings against ships’ drawings. remove all flexible pipes. remove or blank off all flanges not in use.

■ Have robust procedures and practices in place!

■ Some examples of good practice….

MARPOL Annex I – Oily Bilge WaterPreventive Measures

■ Strict monitoring by superintendents and internal auditors

■ Clear statements in SMS re MARPOL compliance

■ Penalties in SMS for deliberate acts

■ Crew to notify senior management if concerned

■ Consider “tamperproof” monitoring systems

EMSA – CleanSeaNet

■ Satellite based oil spill and vessel detection service■ Identifying and tracing oil pollution on the sea service■ monitoring accidental pollution during emergencies■ contributing to the identification of polluters

■ All European waters covered by radar satellite images

EMSA – CleanSeaNet

■ Satellite based oil spill and vessel detection service■ Identifying and tracing oil pollution on the sea service■ monitoring accidental pollution during emergencies■ contributing to the identification of polluters

■ All European waters covered by radar satellite images■ Day and Night■ Not hindered by fog or cloud■ Images analysed for possible oil spills on the sea surface■ Images available to authorities within 30 minutes of being taken■ Vessel detection available via SafeSeaNet (principally AIS data)

MARPOL Annex IV

MARPOL Annex IV - PSC

MARPOL Annex V

MARPOL Annex V - PSC

MARPOL Annex VI

MARPOL Annex VI - PSC


■ During the Initial Inspection within an ECA or first port after transiting an ECA the PSCO will look at:■ Bunker delivery note showing a sulphur content of not more than 0.10%

m/m for fuel oil used onboard (MARPOL Annex VI Reg 18 (5))■ The representative sample of fuel oil with a sulphur content of not more

than 0.10% m/m (MARPOL Annex VI Reg 18 (8.1))■ Evidence of a written procedure (Note: there is no requirement for this to

be in English) and record of changeover to fuel oil with a sulphur content of not more than 0.10% m/m before entering the ECA such that this fuel is being burnt when entering the ECA and the volume of low sulphur fuel oils in each tank as well as the date, time, and position of the ship when any fuel-oil-change-over operation is completed prior to the entry into an ECA or commenced after exit from such an area, shall be recorded in such log-book as prescribed by the Administration.


■ For vessels operating in climatic conditions with low temperature of air and/or water or expecting low temperature of air and/or water the PSCO may pay special attention to the following:■ Existing pipelines for required fuel oil with a sulphur content of not more

than 0.10% m/m delivery to machinery space are located or equipped with appropriate heating facilities to provide operation of the pipelines in low temperature conditions of air and/or water.

■ Written procedures of changeover to fuel oil with a sulphur content of not more than 0.10% m/m before entering the ECA include actions to provide that fuel delivery to machinery space in conditions of low temperature of air and/or water.

■ Any possibility of unavailability of fuel oil with a sulphur content of not more than 0.10% m/m due to possible considerable changing of weather conditions during all times of ship operation in ECA is excluded.

MARPOL Annex VI – Monitoring

■ Denmark■ Since July 2017■ Sniffer technology mounted on helicopters■ Will later be mounted on drones■ Can measure both sulphur and nitrogen oxides■ Will be flown into vessel’s exhaust plumes

■ A sniffer is also mounted under the Great Belt Bridge

MARPOL Annex VI – Monitoring

■ Belgium■ Sniffer campaigns over the North

Sea■ Sniffer technology mounted on a

light aircraft■ Measuring sulphur content■ Aircraft flown through vessels’

exhaust plumes■ 1300 ships checked, 8% of ships

found with a sulphur content above 0.2%

■ Non-compliant vessels report to PSC

Thank You

www.westpandi.com

marpol enforcement in the eu - p&i insurance | west of … … · · 2018-02-05marpol...

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