LP 37/2019 India Prohibiting the Use of Single-Use Plastics on Ships

India’s maritime authority Directorate General of Shipping (DGS) has announced Order No.5 on 16 October 2019, banning the use of single-use plastics on all ships while in Indian waters.

I.     Introduction to the Order

India has actively collaborated with the United Nations Environment Programme (UNEP) over the years in the work for marine environment protection and pollution prevention. In light of the 2018 UNEP report “Single-Use Plastics – A Roadmap for Sustainability”, single-use throw away plastics have become the largest contributor to marine pollution with millions of plastic bags end up in the environment polluting soil, water bodies and river oceans. The ubiquitous nature of plastic for being one of the greatest challenges that chokes marine life and transforms marine ecosystem was further highlighted.

Anecdotal accounts have suggested the prevalence of willful dumping of litter overboard by seafarers, mainly due to lack of education and proper management. To avoid such practices, a stakeholders meeting attended by representatives of Indian National Ship Owner Association, Indian Coastal Shipping Association and Recognized Organizations was convened to “take the first big step” and to free India from single-use plastics via a DGS order dated 16 October 2019.

II.     Application

1.      All ships that are deemed to be Indian Ships under Merchant Shipping Act, 1958; and

2.      foreign ships in any port or place in India.

III.     Prohibition

·   Items prohibited with immediate effect:

1.      Cutlery, plates and cups;

2.      Up-to 10 litres bottles for water and other drinks;

3.      Garbage and shopping bags; and

4.      Dispensing containers for cleaning fluids which are less than 10 litres volume.

·   Items prohibited with effect from 1 January 2020:

1.      Bags, trays containers, food packaging film;

2.      Milk bottles, freezer bags, shampoo bottles, ice cream containers;

3.      Bottles for water and other drinks, dispensing containers for cleaning fluids, biscuit trays;

4.      Hot drink cups, insulated food packaging, protective packaging for fragile items;

5.      Microwave dishes, ice cream tubs, potato chip bags, bottle caps.

IV.    Enforcement

·   For Indian-flagged ships:

1.      Recognized organizations to ensure that single-use plastics are not found used/stored on board any Indian ships during surveys, inspections and audits.

2.      Flag state inspectors to verify that single-use plastics are neither used or available on ships during inspections, surveys and audits. In case of non-compliance, the deficiency raised shall be rectified prior to departure. If the same deficiency is repeated during the next inspection, it may be taken as a clear ground for detention under ISM Code.

·  For foreign-flagged ships:

1.      Port state inspectors to ensure that single-use plastics are not in use and are kept locked in a store during the ships’ stay in Indian ports and on their passage through the territorial waters of India.

2.      Ships are required to make a log entry identifying the single-use plastic items on board the ship as well as the time, latitude and longitude when the items were stored. The location of the store should also be indicated.

3.      No single-use plastic items should be discharged at any port reception facility in India.

4.      No detention of foreign ships will be enforced as per DGS. If found necessary, a handwritten deficiency printed on PSC Form B may be issued. The deficiency is expected to be rectified prior to departure and will not be uploaded onto the Indian Ocean Computerised Information System (IOCIS).

V.      Advice to Members

Masters are obliged to go through the single-use plastic items on board, no matter for catering or for personal use, and have them recorded and locked in strict compliance with the Order when trading in Indian waters. After all, there are still risks of detention if inspectors found the records inaccurate and hence decided that single-use plastics had been discharged into Indian waters. The vessel will then be subject to detention or administrative penalties for violating MARPOL Annex V and applicable Indian laws.

In addition, it’s advisable not to keep the banned products in bond store as penalties may be levied for not being able to properly indicate the quantity and category of the items. With India actively promoting the anti-plastics plan worldwide, the onus is on everyone of us to be part of it towards a sound and sustainable environment.

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