1 The Marine Environment Protection Committee,
at its sixty-fourth session (1 to 5 October 2012), having considered
the challenges associated with the classification of solid bulk cargoes
and discharge of associated cargo residues in accordance with the
requirements of the revised MARPOL Annex V which
will enter into force on 1 January 2013; having taken into account
paragraph 3.2 of the 2012 Guidelines for the implementation
of MARPOL Annex V (2012 Guidelines); and further recognizing
that a transitional period for the implementation of this aspect of
MARPOL Annex V would greatly facilitate maritime trade of solid bulk
cargoes with minimal additional risk to the marine environment, decided
that (MEPC 64/23, paragraphs 7.29 to 7.31):
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.1 for the purposes of complying with regulations 4.1.3 and 6.1.2 of the revised MARPOL Annex V, shippers of solid bulk cargoes
should classify those cargoes using the seven criteria in paragraph
3.2 of the 2012 Guidelines for the implementation of MARPOL
Annex V. Shippers should notify the competent authorities of
the port State of loading and unloading of the basis for the provisional
classification. As stated in paragraph 3.4 of the 2012 Guidelines,
solid bulk cargoes should be classified and declared by the shipper
as to whether or not they are harmful to the marine environment. Such
declaration as to whether or not the cargo is harmful to the marine
environment should be included in the information required in section 4.2 of the International Maritime Solid
Bulk Cargoes Code;
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.2 between 1 January 2013 and 31 December 2014,
if adequate and reliable data on a solid bulk cargoes carcinogenicity,
mutagenicity, reproductive toxicity, or specific target organ toxicity
– repeated exposure are not available, shippers of solid bulk
cargoes should still make every effort to ensure that their solid
bulk cargoes are classified to the extent possible using the seven
criteria in paragraph 3.2 of the 2012 Guidelines;
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.3 also, between 1 January 2013 and 31 December
2014, while shippers are acquiring adequate and reliable data on a
solid bulk cargoes carcinogenicity, mutagenicity, reproductive toxicity
or specific target organ toxicity – repeated exposure, Administrations
should accept provisional classifications of solid bulk cargoes that
are based on the other criteria as contained in paragraphs 3.2.1,
3.2.2 and 3.2.7 of the 2012 Guidelines:
- data concerning acute aquatic toxicity; and/or
- data concerning chronic aquatic toxicity; and/or
- data concerning the synthetic polymer, rubber, plastic or plastic
feedstock content of the solid bulk cargoes; and
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.4 as of 1 January 2015, shippers' classifications
of solid bulk cargoes should be made using the seven criteria listed
in paragraph 3.2 of the 2012 Guidelines.
2 Parties to MARPOL Annex V are requested to ensure
the provision of adequate facilities at ports and terminals for the
reception of solid bulk cargo residues including those entrained in
the wash water.
3 Member Governments are invited to bring the
content of this circular to the attention of those interested, including
port State control authorities and coastguard and maritime surveillance
services, as appropriate.