TCI Africa, correspondent of the Association in Ghana ports, has recently issued a circular to draw attention of all vessels going to Ghana to pay serious attention to the MARPOL violation fines currently imposed by the Ghana Maritime Authority (GMA). GHANA enacted in 2016 the < Maritime Pollution Act 2016 >, Act 932, implementing in the country MARPOL 73/78 with its 6 Annexes, and it detailed the amount of fines against ships for violation of each annex. It is important to note that incidents violating the Act include not only illegal discharge, but also incorrect or incomplete records.

I. Violations and fines

Once the vessel is fined for any breach or violation of the Maritime Pollution Act 2016, it will not be easy to have the fine cancelled or reduced. GMA is generally strict in this regard. The vessel can stack in the port or in anchorage outside the port as long as the fine is not paid. The only way to obtain the sailing of the vessel is the commitment either by the Agent or by the P&I Correspondent to pay the full amount of fine within 2 weeks. This undertaking is signed at GMA office on their own dedicated forms. After the sailing of the vessel, failing to pay to GMA the amount of fine within 2 weeks will expose the person who signed the undertaking to a court action.

GMA adopts the table below for incidents violating the domestic law:

II. PSC inspections

Practically a PSC (Port State Control) will be organized by GMA on a targeted vessel either in anchorage on the roads (outside the port) or in port. Any vessel can be targeted as there is no eligibility criteria. The PSC inspector, duly mandated by GMA, will introduce himself to the Captain and will request to check the vessel for any violation of the <Maritime Pollution Act 2016>. He will focus his attention on the possible violations as mentioned in the above table.

Evidence of illegal dumping of waste or illegal discharge of garbage will be established when the inspector, after inspecting the points of collection, will came to the conclusion that the quantity of garbage actually on board is not matching with the quantity expected to be generated according to the number of crew and voyage duration.

The inspector also will check the last entry of the Oil Record Book (ORB), and any movement of oil on the vessel.

The sewage plant should be in good working condition. The inspect will check whether the effluent in the retention tank is clear and without any suspected particle.

Usually during the inspection of the plant, the inspector will collect sample of effluent from the tank. Once this effluent is found slightly coloured and not clear, the vessel will be fined for illegal discharge of sewage even though the discharge valve is duly locked and sealed. For the inspector, the coloured effluent is evidence that the plant is not working correctly.

III. Advice to Members

The Association would like to remind Members going to Ghana ports that MARPOL violation fines are really a serious issue faced by vessels there and the advice from TCI Africa should be taken seriously. The following precautionary measures are suggested as loss prevention to assist Members’ vessels in avoiding detentions and fines.

1. It is important for the vessel to keep the entries in GRC (Garbage Record Book) in order. All receipts proving the legal discharge of garbage in previous ports should be available. That is the only way to disclaim the vessel from the illegal discharge of garbage claim. The Garbage Management Plan should be displayed for all crew members to take note. The inspector will surely check whether it is displayed or not.
2. The Oil Record Book (ORB) should also be in order. Any movement of oil on the vessel (transfer of HF or MDO from one tank to another, bunkering, authorized discharge of sludge, etc...) should be mentioned in the ORB.
3. During authorized bunkering, the vessel should make sure that the savealls around the manifold can keep any leakage from the hose.
4. Before doing any discharge of sludge or any oily mixture to shore facilities, the Captain should get permission from GMA and the Harbour Master through the Shipping Agent. This authorization will assist in disclaiming the vessel.
5. It is recommended that the vessel’s Chief Engineer takes time to clean properly the tank and to make sure that the effluent is CLEAR (like water) before entering Ghana territorial waters.
6. The scuppers on main deck should be plugged during the time the vessel is in port or outside in anchorage waiting for berthing prospects. The purpose is to avoid any inadvertent discharge of oil at the sea or in the port’s basin water.

For more information, please contact Managers of the Association.