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1 INTRODUCTION

The development of maritime transport, and the

increased movement of ships on already crowded

waters, entails the necessity to update the provisions

on the prevention of marine pollution and to

introduce new regulations of the marine environment

protection.

International legal regulations relating to the

protection of the environment refer to environmental

law, and at the same time form part of the law of the

sea. Protection of the marine environment is regulated

by public international law and is sanctioned by

common and regional conventions.

The need for constant changes and, at the same

time, the development of legal protection of the

marine environment is regulated in many legal acts.

The schedule of implementing the convention

includes both stages of introducing further

requirements and the possibility of applying better

solutions to improve the condition of the

environment.

The Environmental Protection Committee of the

International Maritime Organization is responsible for

updating the regulations on the prevention of

pollution of the marine environment. Regulations are

issued in the form of resolutions.

The aim of this study was to review the legal acts

on the marine environment preservations well as the

consequences resulting from the introduction of these

legal acts for all participants of the transport chain.

2 LEGAL ACTS REVIEW AND DISCUSSION

Nowadays great emphasis is placed on the protection

of the environment. In short time period many legal

acts were introduced into force. In this article

MARPOL, London and BWM Convention regulations

were analysed.

Changes in International Legal Regulations Concerning

the Protection of the Marine Environment

M. Śniegocka-Dworak, A. Wilczyńska & H. Śniegocki

Gdynia Maritime University, Gdynia, Poland

ABSTRACT: Protecting the marine environment is one of the most serious challenges all over the world. In

recent years, the International Maritime Organization has been strongly working on the introduction of further

legal conditions aiming improvement of the marine environment protection. The article presents the lately

introduced legal acts in this area and discusses the necessary steps to be taken to meet the IMO requirements.

The aim of this study was to review the legal acts on the marine environment preservations well as the

consequences resulting from the introduction of these legal acts for all participants of the transport chain. In this

paper MARPOL, London and BWM Convention regulations were considered.

http://www.transnav.eu

the International Journal

on Marine Navigation

and Safety of Sea Transportation

Volume 15

Number 4

December 2021

DOI: 10.12716/1001.15.04.23

894

2.1. INTERNATIONAL CONVENTION FOR THE

PREVENTION OF POLLUTION FROM SHIPS

(MARPOL)

The MARPOL Convention was created in response to

insufficient regulations preventing the pollution of the

marine environment in the face of the intensive

growth of maritime transport, especially that involve

tankers. The content of the convention was directly

influenced by the accidents of two tankers - Torrey

Canyon in 1968 and MT Amoco Cadiz in 1977. The

provisions of the convention were introduced in 1973,

and the provisions of the Protocol in 1978. Both

elements form the main international convention,

which covers the prevention of pollution of the

marine environment by ships as a result of operational

activities, such as tanks washing operations, or as the

result of accidents.[1]

The Convention has been updated on an ongoing

basis since its introduction. Amendments to the

convention are introduced by the Marine

Environment Protection Committee. A large number

of resolutions have been introduced since 2016.

2.1 MEPC 271 (69)

The resolution was introduced on September 1, 2017.

A new clause has been added to regulation 13, which

deals with the emission of nitrogen oxides - Recording

of the requirements for operational compliance with

level III of NOx emissions in the area of emission

control.

The regulation introduces the obligation to control

the on / off status of fuel engines installed on board, to

which paragraph 5.1 of regulation 13 applies. All

changes are to be recorded in the log, as required by

the Administration. Records are made both upon

entering and exiting an emission control area, or when

the on / off status in such area changes. The status

record should include the date, time and position of

the vessel.

Additionally, in point 5.1. in paragraph 1, the

symbol "NOX" has been replaced by the symbol

"NO2". [8]

The nitrogen oxide emission control zone includes:

− the area of North American waters, located off the

coast of the Pacific Ocean of the United States and

Canada,

− the area of the sea off the Atlantic coast of the

United States, Canada, France (Saint-Pierre-et-

Miquelon) and the coast of the Gulf of Mexico of

the United States

− the area of the sea off the coast of the Hawaiian

Islands: Hawai'i, Maui, Oahu, Moloka'i, Ni'ihau,

Kaua'a, Lāna'i and Kaho'olawe

− United States Caribbean Sea area, off the coast of

the Atlantic and Caribbean Puerto Rico and the US

Virgin Islands. [7]

2.2 MEPC 278 (70)

The amendments entered into force on September 1,

2017. The regulation concerns the system of collecting

data on fuel oil consumption of ships. The system

involves a three-step treatment of the data it contains:

data collection, data analysis, and then deciding on

possible further measures. The following data is to be

included in the system:

− The identity of the vessel

− IMO number

− Period of the calendar year for which the data is

provided

− Start date (dd / mm / yyyy)

− End date (dd / mm / yyyy)

− Technical characteristics of the vessel

− Ship type (please specify)

− Gross tonnage (GT)

− Net tonnage (NT)

− Load capacity (DWT)

− Rated power of the main and auxiliary

combustion engine above 130 kW (specify in

kW)

− EEDI (if applicable)

− Ice class

− Fuel oil consumption by type of fuel oil in metric

tons and methods of collecting data on fuel oil

consumption

− Distance travelled

− Hours underway.

After the ship submits a report with information

on used fuel oil, the administration or an authorized

organization will issue a certificate of compliance,

which, like other documents, is subject to control by

the Port State Inspection. [9]

2.3 MEPC 305 (73)

The amendment to the MARPOL convention adopted

in 2018 prohibits the carriage of oil as ship fuel or

necessary for operation, which does not meet the

requirements of the convention. The exception is

when the unit is equipped with an exhaust gas

cleaning system - scrubber. Fuel oil as defined in the

MARPOL Convention is: "any fuel supplied and

intended for combustion for the purpose of

propulsion or operation on board, including gas,

distillate and residual fuel". The provisions of the

amendment therefore do not apply to oil that is

transported as a cargo. The oil used in connection

with the propulsion of the vessel and its equipment

must meet the maximum sulphur content requirement

of 0.5%.

Figure 11. Emission Control Area

Source : https://www.shipownersclub.com/louise-hall-

sulphur-requirements-imo-emission-control-areas/

The introduced provisions constitute a measure to

ensure compliance with the provisions of the

Convention. Enforcement of these regulations takes

895

place especially during the inspection of the Port State

Control. The provisions of the amendment entered

into force on March 1, 2020. [13]

However there are other ways to meet those

requirement.Very attractive,especially from economic

point of view, is to use dual fuel system. The dual-fuel

engines are able to burn two fuel types – diesel fuel

and for example the gas LNG or biomethane, that has

low–sulphur content. [2]

The dual fuel engines are designed for both more

environment friendly and cheaperexploitation of

ships[4].Dual fuel engines meet requirements ofNox

Tier3 and SOx Emission Control Area regulations.

Figure 2. Marine Dual Fuel Engine.

Source : https://www.yanmar.com/media/news/2020/05/220

60342/marine_dual_fuel_engine.pdf

2.4 MEPC 286(71)

Regulation MEPC 286 (71) entered into force on 1

January 2019. The regulations points the data that

should be included in bunker delivery note. Below,

the information to be included in the bunker

document, issued by fuel oil supplier:

− Name and IMO number of receiving ship

− Port

− Date of commencement of delivery

− Name, address, and telephone number of marine

fuel oil supplier

− Product name(s)

− Quantity (metrictons)

− Densityat 15°C (kg/m3)

− Sulphurcontent (% m/m)

− A declaration signed and certified by the fuel oil

supplier's representative that the quality of the

fuel oil supplied is in conformity with regulation

of Annex VI, and the sulphur content of the fuel

does not exceed 0,5 % out side the ECA and 0,1%

in ECA.[10]

The information contained in the bunker delivery note

confirms fuels quality. The document is the supplier's

declaration that the delivered product meets all

requirements of the resolution.

2.5 MEPC 301 (72)

Changes to Convention MARPOL, that Regulation

MEPC 301 (72) had set, refer to Emission Control Area

and required EEDI for ro-ro cargo ships and ro-ro

passenger ships. Resolution entered into force on 1

September 2019.

The changes concerned new parameters for the

energy efficiency index (EEDI) values for ships

entitled to fly the flag of a State Party to the

Convention. The parameters for determining the

reference line value for cargo and ro-ro passenger

ships have been changed. The establishment of a

baseline is important for the calculation of the EEDI

reduction index. [12]

This changes force first of all the shipowners to

improve their ships' equipment and to introduce

changes in the field of energy efficiencypolicy.

3 INTERNATIONAL CONVENTION FOR THE

PREVENTION OF POLLUTION FROM THE SEA

BY DUMPING OF WASTES AND OTHER

MATTER

The Convention on the Prevention of Pollution from

the Dumping of Wastes and Other Substances is one

of the earliest multilateral environmental agreements.

The introduction of the convention is an international

opposition to dumping waste into the oceans,

dredging for disposal and incineration at sea. The

convention is a response to the need to adopt a more

cautious and preventive approach to the provisions in

force at that time. In contrast, the London Protocol of

2006 prohibits dumping waste into the sea. The

possibility of applying for a permit for the disposal of

waste at sea has been introduced. This is done in a

limited amount and in a limited catalogue of waste

that can be dumped after the permit at that time.

Parties to the Protocol have responded to new

activities such as carbon capture and storage and

marine geoengineering.

3.1 Strategic Plan

The strategic plan was adopted on October 18, 2016.

At the thirty-eighth consultative meeting, the

Contracting Parties to the Convention on the

Prevention of Sea Pollution by Dumping of Wastes

and Other Substances. The strategic panellist was

adopted to improve the implementation of the

London Convention and Protocol, which will prevent

marine pollution and accelerate the 2030 Agenda for

Sustainable Development.

This Strategic Plan provides strategic orientations

and highlights the goals set out in the London

Convention and Protocol on which the Parties will

cooperate until 2030. The Plan is a tool to guide, focus

and prioritize the Parties' work. It is also a source of

information about the cooperation of the Parties to

improve the environment for the outside world.

The strategic plan sets out actions:

− Promotion of ratification or accession to the

London Protocol

− Strengthen the effective implementation of the

London Protocol and the London Convention

− External promotion of the work of the London

Protocol and the London Convention

Identification and resolution of emerging problems in

the marine environment covered by the London

Protocol and / or the London Convention

896

Table 1. Objectives of the Strategic Plan until 2030.

__________________________________________________________________________________________________

By the 2022year By the 2026year By the 2030year

__________________________________________________________________________________________________

Registration of 75% of the partie Registration of 85% of the partie Registration of 100% of the partie

100% of all parties with national 100% of all parties with national 100% of all parties with national

authority authority authority

50% of sites with relevant national 75% of sites with relevant national 100% of sites with relevant national

legislative bodies for implementation legislative bodies for implementation legislative bodies for implementation

of the London Protocol of the London Protocol of the London Protocol

50% of parties with appropriate 75% of parties with appropriate 100% of parties with appropriate

national legislative bodies to national legislative bodies to national legislative bodies to

implement the London Convention implement the London Convention implement the London Convention

The London Protocol Compliance Group

will have 15 members representing all

five United Nations regions

__________________________________________________________________________________________________

Source: Developed on the basis of the goals included in the strategic directions [14]

4 INTERNATIONAL CONVENTION FOR THE

CONTROL AND MANAGEMENT OF SHIPS’

BALLAST WATER AND SEDIMENTS

One of the four greatest threats to the world’s oceans

are harmful aquatic organisms and pathogens. This

organisms and pathogens are mostly being transferred

in ships’ballast waters. Management and control of

ships’ ballast water and became a major

environmental challenge for IMO. The result of

discussions and several years for work was

international instrument to address the transfer of

harmful aquatic organisms and pathogens –

International Convention for the Control and

Management of Ships’ Ballast Water and Sediments.

The BWM Convention was introduced in February

2004, but it entered into force in September 2017.

Unfortunately the problem of invasive aquatic

species in ballast waters, because of its’ multi-

disciplinary and complexity nature, hasn’t been

solved yet. The Maritime Environment Protection

Committee is constantly working on it and as new

technologies are available the guidelines are being

reviewed and updated.

The first step was introduction of regulation D1 –

the Ballast Water Exchange standard. The regulation

indicate a procedure of water exchange :

− conduct ballast water exchange at least 200 nautical

miles from the nearest land and in the water of at

least 200 meters in depth.

− when a ship cannot meet the above criteria due to

reasons such as short voyage duration or enclosed

waters, the exchange is to be conducted as far from

the nearest land as possible, but at least 50 nautical

miles from the nearest land and in a water depth of

at least 200 meters. [5]

4.1 Code for Approval of Ballast Water Management

Systems

The Ballast Water Management System Code was

introduced on October 13, 2019. The Code includes

requirements for design, installation, performance,

testing, environmental acceptability, as well as

technical evaluation and certification procedures. It is

intended primarily for manufacturers and shipowners

as a reference to the assessment procedure for which

equipment will be subjected to compliance with the

requirements of the BWM Convention, especially in

terms of meeting the D-2 standard - the treatment of

ballast water usingapprovedtype of Ballast Water

Management System [11]. The D-2 standard specifies

that ships can only discharge ballast water that meets

the following criteria:

− less than 10 viable organisms per cubic metre

which are greater than or equal to 50 micrometres

in minimum dimension;

− less than 10 viable organisms per millilitre which

are between 10 micrometres and 50 micrometres in

minimum dimension;

− less than 1 colony-forming unit (cfu) per 100

millilitres of Toxicogenic Vibrio cholerae;

− less than 250 cfu per 100 millilitres of Escherichia

coli; and

− less than 100 cfu per 100 millilitres of Intestinal

Enterococci. [6]

Figure 3.A typical ballast water treatment system on ship.

Source: https://www.marineinsight.com/tech/how-ballast-

water-treatment-system-works/

5 CONCLUSIONS

Undisputed is the fact that the maritime environment

needs to be protected. Preservation of oceans and seas

is being provided by legal actions.The most of the

regulations introduced relate primarily to the

protection of the atmosphere - protection against the

emission of sulphur oxides and nitrogen oxides. A

large part of the regulations are also rules preventing

the transfer of living organisms in the ballast waters of

ships.

Constantly developing technology, gives

opportunity to conserve the natural sea environment,

that is why the legal acts has to be updated

continuously as well.„The treaties, codes and

guidelines developed by the MEPC have made an

essential and valuable contribution to the progressive

development of international environmental law, as

well as to the law of the sea”. [3]

897

LITERATURE

1. Carpenter, A.: International Protection of the Marine

Environment. In: Nemeth, A.D. (ed.) The Marine

Environment: Ecology, Management and Conservation.

Nova Science Publishers Inc., New York, USA (2011).

2. Chłopińska, E.: The dual-fuel engine as an alternative

marine propulsion system. Scientific Journals Maritime

University of Szczecin,

ZeszytyNaukoweAkademiaMorska w Szczecinie. 49,

28–33 (2017). https://doi.org/10.17402/197.

3. de La Fayette, L.: The Marine Environment Protection

Committee: The Conjunction of the Law of the Sea and

International Environmental Law. The International

Journal of Marine and Coastal Law. 16, 2, 155–238

(2001). https://doi.org/10.1163/157180801X00072.

4. Olczyk, M., Korzec, J., Bielaczyc, P., Sordyl, A.: System

zasilaniapaliwemgazowymiciekłym w silniku o

zapłoniesamoczynnymjakoalternatywadlatradycyjnychs

ystemówpaliwowych. Combustion Engines. 54, 3, 858–

867 (2015).

5. International Convention for the Control and

Management of Ships’ Ballast Water and Sediments. D-1

Standard.

6. International Convention for the Control and

Management of Ships’ Ballast Water and Sediments, D-2

Standard.

7. MARPOL Convention, Annex VI, Appendix VII.

8. MEPC 271 (69) Record requirements for operational

compliance with NOx Tier III emission control areas,

2016

9. MEPC 278 (70) Data collection system for fuel oil

consumption of ships, 2016.

10. MEPC 286 (71) Designation of the Baltic Sea and the

North Sea Emission Control Areas for NOX Tier III

control, Information to be included in the bunker

delivery note, 2017 .

11. MEPC 300 (72) Code for approval of Ballast Water

Management Systems, 2018

12. MEPC 301 (72 (ECAs and required EEDI for ro-ro cargo

ships and ro-ro passenger ships, 2018.

13. MEPC 305 (73) Prohibition on the carriage of non-

compliant fuel oil for combustion purposes for

propulsion or operation on board a shis, 2018.

14. Strategic Plan for the London Protocol and London

Convention. , London (2017).