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 26 (now 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 26 (now 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 26 (now 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 16 (now 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 emergency plan for noxious liquid substances
and a shipboard oil pollution emergency plan. Both regulation 26
(now regulation 37)of Annex
I and regulation 16 (now 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
to meet requirements of regulation 26 (now regulation 37) of Annex I and/or
regulation 16 (now regulation 17)
of Annex II on the basis of the Guidelines for oil. As a result of
this review, the amendments to the Guidelines for the development
of shipboard oil pollution emergency plans were also prepared by the
MEPC at the same session to ensure uniform application of these regulations
and guidelines.
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 either these Guidelines or the Guidelines for the
development of shipboard marine pollution emergency plans for oil
and/or noxious liquid substances adopted by resolution MEPC.85(44).
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 should also be subject to such inspection.
These Guidelines contain information for the preparation
of shipboard oil pollution emergency plans.
The main objectives of these Guidelines are:
- to assist ship owners in preparing shipboard oil pollution emergency
plans 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.”