The International Convention for the Prevention of Pollution
from Ships, 1973, as modified by the Protocol of 1978 relating thereto
(MARPOL 73/78) is a principal instrument
established by IMO for preventing marine pollution. Regulation 37 of Annex I of this
Convention requires that every oil tanker of 150 tons gross tonnage
and above and every ship other than an oil tanker of 400 tons gross
tonnage and above shall carry on board a shipboard oil pollution emergency
plan approved by the Administration. It is pertinent to note that MARPOL 73/78 was amended to include the above-mentioned regulation 37 of Annex I as a consequence
of article 3(1)(a) of the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990 (OPRC Convention). This
Convention contains a requirement that certain ships have on board
a shipboard oil pollution emergency plan. The shipboard plan required
under regulation 37 of Annex
I of MARPOL 73/78 is the same shipboard oil pollution emergency plan
that is required under article 3(1)(a) of the OPRC Convention.
Regulation 17 of
Annex II of the Convention requires that every ship of 150 tons gross
tonnage and above certified to carry noxious liquid substances in
bulk shall carry on board a shipboard marine pollution emergency plan
for noxious liquid substances approved by the Administration. A shipboard
marine pollution emergency plan for noxious liquid substances should
be combined with a shipboard oil pollution emergency plan since most
of their contents are the same and only one combined plan on board
is more practical than two separate plans in case of an emergency.
In this case the title of such a combined plan should be “Shipboard
marine pollution emergency plan” in order to distinguish it
from a shipboard marine pollution emergency plan for noxious liquid
substances and a shipboard oil pollution emergency plan. Both regulation
26 (now regulation 37) of Annex
I and regulation 17 of Annex
II require that the plans be in accordance with guidelines developed
by IMO.
The Marine Environment Protection Committee (MEPC) at its
thirty-second session adopted Guidelines for the development of shipboard
oil pollution emergency plans under cover of resolution MEPC.54(32)
to meet the requirements of regulation 26 (now regulation 37) of Annex I.
The MEPC at its forty-fourth session prepared Guidelines
for the development of shipboard marine pollution emergency plans
for oil and/or noxious liquid substances to meet requirements of regulation
26 (now regulation 37) of Annex
I and/or regulation 17 of
Annex II.
It is also pertinent to note that shipboard oil pollution
emergency plans which have already been approved by the Administration
for oil tankers of 150 tons gross tonnage and above and ships other
than oil tankers of 400 tons gross tonnage and above in accordance
with the Guidelines for the development of shipboard oil pollution
emergency plans adopted by resolution MEPC.54(32) need not be modified
in accordance with these Guidelines.
Under the provisions of article
5 of the 1973 MARPOL Convention, a ship is required to hold
a certificate in accordance with the provisions of regulations and,
while in the ports or offshore terminals under the jurisdiction of
a Party, is subject to inspection by officers duly authorized by that
Party. In this context, the carriage of a shipboard oil pollution
emergency plan, a shipboard marine pollution emergency plan for noxious
liquid substances or a shipboard marine pollution emergency plan should
also be subject to such inspection.
These Guidelines contain information for 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.
The main objectives of these Guidelines are:
- to assist ship owners in preparing shipboard oil pollution emergency
plans, shipboard marine pollution emergency plans for noxious liquid
substances and/or a shipboard marine pollution emergency plan in conformance
with the cited regulations; and
- to assist Governments in developing and enacting domestic laws
which give force to and implement the cited regulations.
In the interest of uniformity, Governments are requested
to refer to these Guidelines when preparing appropriate national regulations.