The amendments to MARPOL Annex V were adopted by Resolution MEPC. 277(70) with the entry-into-force date 1 March 2018. By adding the appendix to this Annex, the amendments provide new criteria for the discharge of solid bulk cargo residues contained in hold washing water. With strengthened regulation against marine pollution from ships, it’s of increasing importance for Members to manage ship garbage and products that are hazardous to the marine environment (HME) in accordance with established rules.

I.    Definition and classification of solid bulk cargoes as HME

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 condition 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.

Solid bulk cargoes as defined in SOLAS Regulation VI/1-1.2, excluding grain, should be classified according to the criteria of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

Cargo residues are considered HME if meeting the following parameters:

1)      Acute Aquatic Toxicity Category 1; and/or

2)      Chronic Aquatic Toxicity Category 1 or 2; and/or

3)      Carcinogenicity Category 1A or 1B combined with not being rapidly degradable and having high bioaccumulation; and/or

4)      Mutagenicity Category 1A or 1B combined with not being rapidly degradable and having high bioaccumulation; and/or

5)      Reproductive Toxicity Category 1A or 1B combined with not being rapidly degradable and having high bioaccumulation; and/or

6)      Specific Target Organ Toxicity Repeated Exposure Category 1 combined with not being rapidly degradable and having high bioaccumulation; and/or

7)      Solid bulk cargoes containing or consisting of synthetic polymers, rubber, plastics, or plastic feedstock pellets (this includes materials that are shredded, milled, chopped or macerated or similar materials).

Cargo residues meeting the above parameters are considered HME and are classified as Category K of garbage and non-HME cargo residues are in category J.

II.    Discharge of garbage from ships

Regulation 4 Discharge of garbage outside special areas

1.      Discharge of 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 HME in accordance with the criteria set out in appendix I of this Annex.

2.      Cleaning agents or additives contained in cargo hold, deck and external surfaces wash water may be discharged into the sea, but the 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.      Discharge of garbage into the sea within special areas shall only be permitted while the ship is en route and as follows:

1.2   Discharge of cargo residues that cannot be recovered using commonly available methods for unloading, where all the following conditions are satisfied:

1.2.1        cargo residues, cleaning agents or additives, contained in hold washing water do not include any substances classified as harmful to the marine environment according to the criteria set out in appendix I of this Annex;

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 to .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.

Regulation 7 Exceptions

1.      Regulations 3, 4, 5 and 6 of this Annex shall not apply to:

1.1  the discharge of garbage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or

1.2  the accidental loss of garbage resulting from damage to a ship or its equipment, provided that all reasonable precautions have been taken before and after occurrence of the damage, to prevent or minimize the accidental loss.

Discharge Standard for Water Pollutants from Ships (GB3552-2018)

7. Requirements for the prevention of pollution by garbage from ships

7.1.3 Cargo residues shall be collected and disposed to the reception facilities if the distance from the nearest land is less than nautical miles; if more than 12 nautical miles and the cargo residues contain no HME substances, the disposal may be allowed.

7.1.5 The discharge into sea of cleaning agents and additives contained in cargo hold, deck and external surfaces wash water is only permitted when these substances are not harmful to the marine environment; other operational wastes shall be collected and then discharged to the reception facilities. These apply to all water areas.

III.    Problems relating to discharge of cargo residues

Some shippers just wouldn’t declare the cargoes as per port regulations and there is at present no definite list of HME substances in the MARPOL convention. These have made it difficult for ships to identify whether the cargo residues are harmful to marine environment or not when dealing the cargoes.

In addition, reception facilities for the recovery of HME products and wash water have not been appropriately fitted in many ports. Deviations arising out of it, potential business disputes, delay and even detentions if improper management are found by port officials have all brought up the costs of ship operation.

IV.    Advice to Members

Garbage removal and disposal is an inevitable problem for operating ships and will cause great harm to marine environment if not properly addressed. For Members that carrying HME cargoes on their ships, the following advices are provided in terms of cargo residues management.

1.      Stick to standard form charter parties

In order to address the possible disputes on disposal of cargoes that contain HME properties, BIMCO has developed a new clause for time charter parties and another one for voyage charter parties.

(1)   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 cleaning agents and additives (including chemicals and detergents) required for cleaning cargo holds shall be supplied and paid for by the Charterers. The Charterers shall provide the Owners with a dated and signed statement identifying cleaning agents and additives that, in accordance with IMO Resolution 219(63) Guidelines for the Implementation of MARPOL Annex V, are not substances harmful to the marine environment and do not contain any component known to be carcinogenic, mutagenic or reprotoxic.

(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 cleaning agents and detergents and/or waste . Removal and disposal as aforesaid shall always be in accordance with and as defined by MARPOL Annex V, or other applicable rules.

(2)   BIMCO HME Cargo Residues Disposal Clause for Voyage Charter Parties

Under a voyage charter party, cargo residue removal and disposal would normally be for owners’ account. However, there is at present no definitive list of HME substances, leaving determination to be made subjectively by reference to listed criteria. In turn, this relies on the accuracy and integrity of shipper declarations or decisions made by port or other officials. This in itself is an unsatisfactory situation and when coupled with the lack of suitable cargo reception facilities in many ports, exposes owners to the risk of unexpected additional costs which might not be easily recovered from a counterparty.

Therefore, a new clause has been developed:

If the cargo is harmful to the marine environment (HME) in accordance with MARPOL Annex V, the Charterers shall be responsible for all extra costs and time and/or losses incurred by the Owners associated with the storage, removal and disposal of HME cargo related residues and/or hold washing water. Compensation for such extra time shall be in an amount equivalent to the rate of demurrage stipulated in the charter party. Storage, removal and disposal shall always be in accordance with MARPOL Annex V or other applicable rules.

2.      Make correct pre-loading cargo declaration

SOLAS Chapter VI Regulation 2 has required cargo ships carrying solid bulk cargoes other than grain to comply with the IMSBC Code. The shipper shall provide the master or his representative with appropriate information on the cargo sufficiently in advance of loading to enable the precautions which may be necessary for proper stowage and safe carriage of the cargo to be put into effect. Such information shall be confirmed in writing and by appropriate shipping documents prior to loading.

In IMSBC Code Section 4 Assessment of acceptability of consignments for safe shipment, requirements were made to identify whether the cargoes are classified as HME substances as per the criteria in MARPOL Annex V.

3.      Reduce cargo loss

A large amount of cargo remaining can be left on deck or in holds following loading or unloading of a cargo due to equipment errors or poor operation skills of the stevedores. Sometimes, port officials may push for loading/unloading efficiencies while they overlook the cargo residues generated. A departure without proper cleaning and removal of the residues will probably lead to more troubles in the upcoming voyage. It’s advisable for ships to take the following steps to reduce cargo losses.

(1)   A meeting prior to loading/unloading should be convened by the master to inform the whole ship of the proper procedures to handle cargoes with HME properties;

(2)   Maintain a close shore-ship communication during cargo handling. For cargo residues remaining on deck, attached to bulkhead or hold ladders, ask the stevedores to carry out regular cleaning with assistance from the crew to be provided when necessary;

(3)   Have the container for cargo residues and the compartment for wash water with cargo residues prepared in advance. Keep a proper record and designate an official in charge to prevent accidental or incompliant discharge;

(4)   Sweep the holds and collect cargo residues as much as possible upon completion of unloading to reduce the generation of wash water.

4.      Enhance seafarers’ environmental awareness

Generally, seafarers have not developed adequate awareness on garbage management and do not fully recognize the importance of properly disposing ship garbage. False garbage records are made in some cases to fool the port state inspectors. However, with the development of surveillance technology, satellites and drones are employed to monitor garbage disposal in some coastal countries. Members are advised to step up training on garbage management and operate in strict compliance with the regulation.

For further information, please contact your manager at the Club.