Resolution
MEPC.85(44)/Corr.1
GUIDELINES FOR THE DEVELOPMENT OF SHIPBOARD MARINE POLLUTION EMERGENCY PLANS
FOR OIL AND/OR NOXIOUS LIQUID SUBSTANCES.
(adopted
on 13 March 2000)
THE
MARINE ENVIRONMENT PROTECTION COMMITTEE,
RECALLING
Article 38(a) of the Convention on the International Maritime Organization
concerning the function of the Committee,
NOTING
that regulation 26 of Annex I and regulation 16 of Annex II of MARPOL 73/78
require ships to carry a shipboard oil pollution emergency plan, a shipboard
marine pollution emergency plan for noxious liquid substances and/or a
shipboard marine pollution emergency plan in accordance with the Guidelines
developed by the Organization,
RECOGNIZING
the urgent need for developing such Guidelines in order to ensure uniform
application of these regulations,
HAVING
CONSIDERED at its thirty-second session proposals for the Guidelines for the
development of shipboard oil pollution emergency plans and at its forty-fourth
session further proposals for Guidelines for the development of shipboard
marine pollution emergency plans for oil and/or noxious liquid substances,
1.
ADOPTS the Guidelines for the development of the shipboard marine pollution
emergency plans for oil and/or noxious liquid substances, the text of which is
set out at the annex to the present resolution;
2.
URGES Governments to ensure that the shipboard oil pollution emergency plans,
the shipboard marine pollution emergency plans for noxious liquid substances
and/or the shipboard marine pollution emergency plan are developed in
accordance with these Guidelines when approving them under the provisions of
regulation 26 of Annex I and/or regulation 16 of Annex II of MARPOL 73/78,
pending their entry into force.
GUIDELINES
FOR THE DEVELOPMENT OF SHIPBOARD MARINE POLLUTION EMERGENCY PLANS FOR OIL
AND/OR NOXIOUS LIQUID SUBSTANCES.
1.1
These Guidelines have been developed to assist with the preparation of
shipboard oil pollution emergency plans, shipboard marine pollution emergency
plans for noxious liquid substances and/or a shipboard marine pollution
emergency plan (hereafter referred to as the "Plan(s)") that are
required by regulation 26 of Annex I and/or regulation 16 of Annex II of the
International Convention for the Prevention of Pollution from Ships, 1973, as
modified by the Protocol of 1978 relating thereto (MARPOL 73/78) (hereafter
referred to as the "Convention"). The Plan (s) must be approved in
accordance with these regulations.
1.2
The Guidelines are comprised of three primary sections:
.1 Introduction: This
section provides a general overview of the subject-matter and introduces the
reader to the basic concept of the Guidelines and the Plans that are expected
to be developed from them.
.2 Mandatory provisions:
This section provides guidance to ensure that the mandatory provisions of
regulation 26 of Annex I and regulation 16 of Annex II of the Convention are
met.
.3 Non-mandatory provisions:
This section provides guidance concerning the inclusion of other information in
the Plan. This information, although not required under regulation 26 of Annex
I and regulation 16 of Annex II of the Convention, may be required by local
authorities in ports visited by the ship, or it may be added to provide
additional assistance to the ship's master when responding to an emergency
situation. This section also provides guidance on updating and exercising of
the Plan.
1.3
Concept of the Guidelines: The Guidelines are intended to provide a starting
point for the preparation of the Plans for specific ships. The broad spectrum
of ships for which Plans are required makes it impractical to provide specific
guidelines for each ship type. Plan writers are cautioned that they must
consider in their Plans the many variables that apply to their ships. Some of
these variables include: type and size of ship, cargo, cargos physical
properties (applicable only to ships certified to carry noxious liquid
substances (NLSs) in bulk as defined in regulation 16 of Annex II of the
Convention. Hereafter referred to as "ships certified to carry
NLSs"), route, and shore-based management structure. The Guidelines are
not intended to be a compilation of menu items from which the Plan writer can
select certain sections and produce a workable Plan. For a Plan to be effective
and to comply with regulation 26 of Annex I and/or regulation 16 of Annex II of
the Convention, it must be carefully tailored to the particular ship for which
it is intended. Properly used, the Guidelines will ensure that all appropriate
issues are considered in developing the Plan.
1.4
Concept of the Plan: The Plan is available to assist personnel in dealing with
an unexpected discharge of oil or other noxious liquid substance. Its primary
purpose is to set in motion the necessary actions to stop or minimize the
discharge and to mitigate its effects. Effective planning ensures that the
necessary actions are taken in a structured, logical, safe and timely manner.
1.4.1
The Plan must go beyond providing for operational spills. It must include
guidance to assist the master in meeting the demands of a catastrophic
discharge, should the ship become involved in one.
1.4.2
The need for a predetermined and properly structured Plan is clear when one
considers the pressures and multiple tasks facing personnel confronted with an
emergency situation. In the heat of the moment, lack of planning will often
result in confusion, mistakes, and failure to advise key people. Delays will be
incurred and time will be wasted; time during which the situation may well
worsen. As a consequence, the ship and its personnel may be exposed to
increasing hazards and greater environmental damage may occur.
1.4.3
For the Plan to accomplish its purpose, it must be:
.1 realistic, practical, and
easy to use;
.2 understood by ship management
personnel, both on board and ashore; and
.3 evaluated, reviewed, and
updated regularly.
1.4.4
The Plans envisioned by regulation 26 of Annex I and/or regulation 16 of Annex
II of the Convention are intended to be simple documents. Use of summarizing
flowcharts or checklists to guide the master through the various actions and
decisions required during an incident response is highly encouraged. These can
provide a quickly visible and logically sequenced form of information which can
reduce error and oversight during emergency situations. Inclusion of extensive
background information on the ship, cargo, etc., should be avoided as this is
generally available elsewhere. If such information is relevant, it should be
kept in annexes where it will not dilute the ability of ship's personnel to
locate operative parts of the Plan.
1.4.5
An example of a summarizing flowchart referred to in paragraph 1.4.4 is
included in the Example Format for a Shipboard Marine Pollution Emergency Plan
at appendix II.
1.4.6
The Plan is likely to be a document used on board by the master and officers of
the ship. It must therefore be available in a working language or languages
understood by the master and officers. A change in the master and officers
which brings about an attendant change in their working language or languages
understood would require the issuance of the Plan in the new language(s).
1.4.7
The Plan should clearly underline the following:
"Without
interfering with shipowners' liability, some coastal States consider that it is
their responsibility to define techniques and means to be taken against a
marine pollution incident and approve such operations which might cause further
pollution, i.e. lightening. States are in general entitled to do so under the
International Convention relating to Intervention on the High Seas in Cases of
Oil Pollution Casualties, 1969 (1969 Intervention Convention) and the Protocol
relating to Intervention on the High Seas in Cases of Pollution by Substances
other than Oil, 1973 (1973 Intervention Protocol)."
2.
Mandatory provisions of regulation 26 of annex i and regulation 16 of annex II
to the convention
2.1
This section provides individual guidelines for each of the four mandatory
provisions of regulation 26 of Annex I and regulation 16 of Annex II of the
Convention.
2.2
Regulation 26 of Annex I and regulation 16 of Annex II of the Convention
provide that the Plan shall consist at least of:
"(a) the
procedure to be followed by the master or other persons having charge of the
ship to report an oil or noxious liquid substance pollution incident, as
required in article 8 and Protocol I of the present Convention1,
based on Guidelines developed by the Organization2;
_______________
1 i.e. MARPOL
73/78
2 Refer to
"General principles for ship reporting system and ship reporting
requirements, including Guidelines for reporting incidents involving dangerous
goods, harmful substances and/or marine pollutants" adopted by the
Organization by resolution A.851(20). For ease of reference, see IMO
publication "Provisions concerning the Reporting of Incidents
(b) the list of
authorities or persons to be contacted in the event of an oil or noxious liquid
substance pollution incident;
(c) a detailed
description of the action to be taken immediately by persons on board to reduce
or control the discharge of oil or noxious liquid substance following the
incident; and
(d) the
procedures and point of contact on the ship for co-ordinating shipboard
activities with national and local authorities in combating oil or noxious
liquid substance pollution."
2.3
The coastal State report: Article 8 and Protocol I of the Convention require
that the nearest coastal State be notified of actual or probable discharges.
The intent of this requirement is to ensure that coastal States are informed
without delay, of any incident giving rise to pollution, or threat of
pollution, of the marine environment, as well as of assistance and salvage
measures, so that appropriate action may be taken.
2.3.1
When required: The Plan should provide clear, concise guidance to enable the
master to determine when a report to the coastal State is required.
2.3.1.1 Actual discharge: A
report to the nearest coastal State is required whenever there is:
.1 a discharge above the
permitted level of oil or noxious liquid substance for whatever reason
including those for the purpose of securing the safety of the ship or saving
life at sea; or
.2 a discharge during the
operation of the ship of oil or noxious liquid substance in excess of the
quantity or instantaneous rate permitted under the present Convention1.
2.3.1.2 Probable discharge:
The Plan should give the master guidance to evaluate a situation which, though
not involving an actual discharge, would qualify as a probable discharge and
thus require a report. In judging whether there is such a probability and
whether the report should be made, the following factors, as a minimum, should
be taken into account:
.1 the nature of the damage,
failure or breakdown of the ship, machinery or equipment;
.2 ship location and
proximity to land or other navigational hazards;
.3 weather, tide, current
and sea state; and
.4 traffic density.
2.3.1.3 It is impracticable
to lay down precise definitions of all types of situations involving probable
discharge which would warrant an obligation to report. As a general guideline,
the master should make a report in cases of:
.1 damage, failure or
breakdown which affects the safety of ships; examples of such situations are
collision, grounding, fire, explosion, structural failure, flooding, cargo
shifting; and
.2 failure or breakdown of
machinery or equipment which results in impairment of the safety of navigation;
examples of such incidents are failure or breakdown of steering gear,
propulsion, electrical generating system, essential shipborne navigational
aids.
2.3.2
Information required: The Plan must specify, in appropriate detail, the
procedure for making the initial report to the coastal State. The
Organization's Guidelines in resolution A.851(20) provide necessary detail for
the Plan writer. The Plan should include a prepared message form, an example of
which is included at appendix II to these Guidelines. Coastal States are
encouraged to take note of table 1 of appendix II and accept this as sufficient
initial information. Supplementary or follow-up reports should as far as
possible use the same format.
2.4
List of persons to be contacted
2.4.1
The ship involved in an oil or noxious liquid substance pollution incident will
have to communicate with both coastal State or port contacts and ship interest
contacts.
2.4.2
When compiling contact lists, due account must be taken of the need to provide
24-hour contact information and to provide alternates to the designated
contact. These details must be routinely updated to take account of personnel
changes and changes in telephone, telex, and telefax numbers. Clear guidance
should also be provided regarding the preferred means of communication (telex,
telephone, telefax, etc.).
2.4.3
Coastal State contacts
2.4.3.1 In order to expedite
response and minimize damage from an oil or noxious liquid substance pollution
incident, it is essential that appropriate coastal States should be notified
without delay. This process is begun with the initial report required by article
8 and Protocol I of the Convention. Guidelines for making this report are
provided in section 2.3.
2.4.3.2 The Plan should
include as an appendix the list of agencies or officials of administrations
responsible for receiving and processing reports as developed and updated by
the Organization in conformance with article 8 of the Convention. In the
absence of a listed focal point, or should any undue delay be experienced in
contacting the responsible authority by direct means, the master should be advised
to contact the nearest coastal radio station, designated ship movement
reporting station or rescue co-ordination centre (RCC) by the quickest
available means.
2.4.4
Port contacts
2.4.4.1 For ships in port,
notification of local agencies will speed response. The variety of trades in
which ships engage makes it impractical to specify in these Guidelines a
definitive approach to listing these agencies in the Plan. Information on
regularly visited ports should be included as an appendix to the Plan. Where this
is not feasible, the Plan should require the master to obtain details
concerning local reporting procedures upon arriving in port.
2.4.5
Ship interest contacts
2.4.5.1 The Plan should
provide details of all parties with an interest in the ship to be advised in
the event of an incident. This information should be provided in the form of a
contact list. When compiling such lists, it should be remembered that in the
event of a serious incident, ship's personnel will be fully engaged in saving
life and taking steps to control and minimize the effects of the casualty. They
should therefore not be hampered by having onerous communications requirements
imposed on them.
2.4.5.2 Procedures will vary
between companies but it is important that the Plan clearly specifies who will
be responsible for informing the various interested parties such as cargo
owners, insurers and salvage interests. It is also essential that both the
ship's Plan and its company's shoreside Plan are co-ordinated to guarantee that
all parties having an interest are advised and that duplication of reports is
avoided.
2.5
Steps to control discharge
2.5.1
Ship personnel will almost always be in the best position to take quick action
to mitigate or control the discharge of oil or noxious liquid substance from
their ship. The Plan should provide the master with clear guidance on how to
accomplish this mitigation for a variety of situations. The Plan should not
only outline action to be taken, but it should also identify who on board is
responsible so that confusion during the emergency can be avoided.
2.5.2
This section of the Plan will vary widely from ship to ship. Differences in
ship type, construction, cargo, equipment, manning, and even route may result
in shifting emphasis being placed on various aspects of this section. As a
minimum, the Plan should provide the master with guidance to address the
following:
.1 Operational spills: The
Plan should outline the procedures for safe removal of oil or noxious liquid
substance spilled and contained on deck. This may be through the use of
on-board resources or by hiring a clean-up company. In either case the Plan
should provide guidance to ensure proper disposal of removed oil, noxious
liquid substances and clean-up materials.
.1.1 Pipe leakage: The Plan
should provide specific guidance for dealing with pipe leakage.
.1.2 Tank overflow:
Procedures for dealing with tank overflows should be included. Alternatives
such as lowering cargo or bunkers back to empty or slack tanks or readying
pumps to transfer the excess ashore should be outlined.
.1.3 Hull leakage: The Plan
should provide guidance for responding to spillage due to suspected hull
leakage. This may involve guidance on measures to be taken to reduce the head
of cargo in the tank involved either by internal transfer or discharge ashore.
Procedures to handle situations where it is not possible to identify the
specific tank from which leakage is occurring should also be provided.
Procedures for dealing with suspected hull fractures should be included and
they should carry appropriate cautions regarding attention to the effect
corrective actions may have on hull stress and stability.
.2 Spills resulting from
casualties: Casualties should be treated in the Plan as a separate section. The
Plan should include various checklists or other means which will ensure that
the master considers all appropriate factors when addressing the specific
casualty3. These checklists must be tailored to the specific ship
and to the specific product or product types. Especially for the ships
certified to carry NLSs, the checklists or other means e.g.,
"Characteristics of Liquid Chemicals Proposed for Marine Transport in
Bulk" (Data Sheet), should identify physical properties, special
protective equipment or unusual response techniques in a format consistent with
the requirements of section 1.4.4 of these Guidelines. Reference may be made to
Data Sheet or similar documents that identify characteristics of NLS. A copy of
such document should be kept with the plan, but need not be part of the
approved plan. In addition to the checklists, specific personnel assignments
for anticipated tasks must be identified. Reference to existing fire control
plans and muster lists is sufficient to identify personnel responsibilities. The
following are examples of casualties which should be considered:
_________________
3 Reference is made to the
International Safety Management (ISM) Code, Section 8.
.2.1 grounding;
.2.2 fire/explosion;
.2.3 collision (with fixed
or moving object);
.2.4 hull failure;
.2.5 excessive list;
.2.6 containment system
failure;
.2.7 dangerous reactions of
cargo (for ships certified to carry NLSs);
.2.8 other dangerous cargo
release (for ships certified to carry NLSs);
.2.9 loss of tank
environmental control (for ships certified to carry NLSs);
.2.10 submerged/foundered;
.2.11 wrecked/stranded;
.2.12 cargo contamination
yielding a hazardous condition (for ships certified to carry NLSs); and
.2.13 hazardous vapour
release.
2.5.3
In addition to the checklists and personnel duty assignments mentioned in
paragraph 2.5.2, the Plan should provide the master with guidance concerning
priority actions, stability and stress considerations, lightening and
mitigating activities.
2.5.3.1 Priority actions:
This section provides some general considerations that apply to a wide range of
casualties. The Plan should provide ship-specific guidance to the master
concerning these broad topics.
.1 In responding to a
casualty, the master's priority will be to ensure the safety of personnel and
the ship and to take action to prevent escalation of the incident. In
casualties involving spills, immediate consideration should be given to
measures aimed at preventing fire, personnel exposure to toxic vapours, and
explosion, such as altering course so that the ship is upwind of the spilled
cargo, shutting down non-essential air intakes, etc. If the ship is aground,
and cannot therefore manoeuvre, all possible sources of ignition should be
eliminated and action should be taken to prevent toxic vapours or flammable
vapours entering accommodation and engine-room spaces. When it is possible to
manoeuvre, the master, in conjunction with the appropriate shore authorities,
may consider moving his ship to a more suitable location in order, for example,
to facilitate emergency repair work or lightening operations, or to reduce the
threat posed to any particularly sensitive shoreline areas. Such manoeuvring
may be subject to coastal State jurisdiction (see paragraph 1.4.7).
.2 Prior to considering
remedial action, the master will need to obtain detailed information on the
damage sustained by his ship. A visual inspection should be carried out and all
cargo tanks, bunker tanks, and other compartments should be sounded. Due regard
should be paid to the indiscriminate opening of ullage plugs or sighting ports,
especially when the ship is aground, as loss of buoyancy could result.
.3 Having assessed the
damage sustained by the ship, the master will be in a position to decide what
action should be taken to prevent or minimize further discharge. When bottom
damage is sustained, hydrostatic balance will be achieved (depending on
physical properties) fairly rapidly, especially if the damage is severe, in
which case the time available for preventive action will often be limited. When
significant side damage is sustained in the way of fuel/lubrication and/or
cargo tanks, bunkers or cargo will be released fairly rapidly until hydrostatic
balance is achieved and the rate of release will then reduce and be governed by
the rate at which bunkers or cargo is displaced by water flowing in under the
bunkers or cargo. When the damage is fairly limited and restricted, for
example, to one or two compartments, consideration may be given to transferring
the substance