Part 3 - Itemized List of Possible Evidence on Alleged Contravention of the MARPOL Annex I Discharge Provisions
Clasification Society 2024 - Version 9.40
Statutory Documents - IMO Publications and Documents - Resolutions - Assembly - IMO Resolution A.1155(32) – Procedures for Port State Control, 2021 – (Adopted on 15 December 2021) - Annex – Procedures for Port State Control, 2021 - Appendix 3 - Guidelines for investigations and inspections carried out under MARPOL Annex I - Part 3 - Itemized List of Possible Evidence on Alleged Contravention of the MARPOL Annex I Discharge Provisions

Part 3 - Itemized List of Possible Evidence on Alleged Contravention of the MARPOL Annex I Discharge Provisions

 1 Action on sighting oil pollution

1.1 Particulars of ship or ships suspected of contravention

  • .1 Name of ship

  • .2 Reasons for suspecting the ship

  • .3 Date and time (UTC) of observation or identification

  • .4 Position of ship

  • .5 Flag and port of registry

  • .6 Type (e.g. tanker, cargo ship, passenger ship, fishing vessel), size (estimated tonnage) and other descriptive data (e.g. superstructure colour and funnel mark)

  • .7 Draught condition (loaded or in ballast)

  • .8 Approximate course and speed

  • .9 Position of slick in relation to ship (e.g. astern, port, starboard)

  • .10 Part of the ship from which side discharge was seen emanating

  • .11 Whether discharge ceased when ship was observed or contacted by radio

1.2 Particulars of slick

  • .1 Date and time (UTC) of observation if different from paragraph 1.1.3

  • .2 Position of oil slick in longitude and latitude if different from paragraph 1.1.4

  • .3 Approximate distance in nautical miles from the nearest land

  • .4 Approximate overall dimension of oil slick (length, width and percentage thereof covered by oil)

  • .5 Physical description of oil slick (direction and form, e.g. continuous, in patches or in windrows)

  • .6 Appearance of oil slick (indicate categories)

    • - Category A: Barely visible under most favourable light condition

    • - Category B: Visible as silvery sheen on water surface

    • - Category C: First trace of colour may be observed

    • - Category D: Bright band of colour

    • - Category E: Colours begin to turn dull

    • - Category F: Colours are much darker

  • .7 Sky conditions (bright sunshine, overcast, etc.), lightfall and visibility (kilometres) at the time of observation

  • .8 Sea state

  • .9 Direction and speed of surface wind

  • .10 Direction and speed of current

1.3 Identification of the observer(s)

  • .1 Name of the observer

  • .2 Organization with which observer is affiliated (if any)

  • .3 Observer's status within the organization

  • .4 Observation made from aircraft/ship/shore/otherwise

  • .5 Name or identity of ship or aircraft from which the observation was made

  • .6 Specific location of ship, aircraft, place on shore or otherwise from which observation was made

  • .7 Activity engaged in by observer when observation was made, for example: patrol, voyage, flight (en route from ... to ...)

1.4 Method of observation and documentation

  • .1 Visual

  • .2 Conventional photographs

  • .3 Remote sensing records and/or remote sensing photographs

  • .4 Samples taken from slick

  • .5 Any other form of observation (specify)

  • Note: A photograph of the discharge should preferably be in colour. Photographs can provide the following information: that a material on the sea surface is oil; that the quantity of oil discharged does constitute a violation of the Convention; that the oil is being, or has been discharged from a particular ship; and the identity of the ship.

    • Experience has shown that the aforementioned can be obtained with the following three photographs:

    • - details of the slick taken almost vertically down from an altitude of less than 300 m with the sun behind the photographer;

    • - an overall view of the ship and "slick" showing oil emanating from a particular ship; and

    • - details of the ship for the purposes of identification.

1.5 Other information if radio contact can be established

  • .1 Master informed of pollution

  • .2 Explanation of master

  • .3 Ship's last port of call

  • .4 Ship's next port of call

  • .5 Name of ship's master and owner

  • .6 Ship's call sign

2 Investigation on board

2.1 Inspection of IOPP Certificate

  • .1 Name of ship

  • .2 Distinctive number or letters

  • .3 Port of registry

  • .4 Type of ship

  • .5 Date and place of issue

  • .6 Date and place of endorsement.

  • Note: If the ship is not issued an IOPP Certificate, as much as possible of the requested information should be given.

2.2 Inspection of supplement of the IOPP Certificate

  • .1 Applicable paragraphs of sections 2, 3, 4, 5 and 6 of the Supplement (non-oil tankers)

  • .2 Applicable paragraphs of sections 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the Supplement (oil tankers)

  • Note: If the ship does not have an IOPP Certificate, a description should be given of the equipment and arrangements on board, designed to prevent marine pollution.

2.3 Inspection of Oil Record Book (ORB)

  • .1 Copy or print out sufficient pages of the ORB – part I to cover a period of 30 days prior to the reported incident.

  • .2 Copy or print out sufficient pages of the ORB – part II (if on board) to cover a full loading/unloading/ballasting and tank cleaning cycle of the ship. Also a copy of the tank diagram.

2.4 Inspection of logbook

  • .1 Last port, date of departure, draught forward and aft

  • .2 Current port, date of arrival, draught forward and aft

  • .3 Ship's position at or near the time the incident was reported

  • .4 Spot check if positions mentioned in the logbook agree with positions noted in the ORB

2.5 Inspection of other documentation on board

  • Other documentation relevant for evidence (if necessary make copies) such as:

  • - recent ullage sheets

  • - records of monitoring and control equipment.

2.6 Inspection of ship

  • .1 Ship's equipment in accordance with the supplement of the IOPP Certificate

  • .2 Samples taken. State location on board

  • .3 Traces of oil in vicinity of overboard discharge outlets

  • .4 Condition of engine-room and contents of bilges

  • .5 Condition of oily water separator, filtering equipment and alarm, stopping or monitoring arrangements

  • .6 Contents of sludge and/or holding tanks

  • .7 Sources of considerable leakage on oil tankers.

  • The following additional evidence may be pertinent:

  • .8 Oil on surface of segregated or dedicated clean ballast

  • .9 Condition of pump-room bilges

  • .10 Condition of crude oil washing (COW) system

  • .11 Condition of inert gas (IG) system

  • .12 Condition of monitoring and control system

  • .13 Slop tank contents (estimate quantity of water and of oil).

2.7 Statements of persons concerned

If the ORB – part I has not been properly completed, information on the following questions may be pertinent:

  • .1 Was there a discharge (accidental or intentional) at the time indicated on the incident report?

  • .2 Is the bilge discharge controlled automatically?

  • .3 If so, at what time was this system last put into operation and at what time was this system last put on manual mode?

  • .4 If not, what were date and time of the last bilge discharge?

  • .5 What was the date of the last disposal of residue and how was disposal effected?

  • .6 Is it usual to effect discharge of bilge water directly to the sea, or to store bilge water first in a collecting tank? Identify the collecting tank.

  • .7 Have oil fuel tanks recently been used as ballast tanks?

If the ORB – part II has not been properly completed, information on the following questions may be pertinent:

  • .8 What was the cargo/ballast distribution in the ship on departure from the last port?

  • .9 What was the cargo/ballast distribution in the ship on arrival in the current port?

  • .10 When and where was the last loading effected?

  • .11 When and where was the last unloading effected?

  • .12 When and where was the last discharge of dirty ballast?

  • .13 When and where was the last cleaning of cargo tanks?

  • .14 When and where was the last COW operation and which tanks were washed?

  • .15 When and where was the last decanting of slop tanks?

  • .16 What is the ullage in the slop tanks and the corresponding height of interface?

  • .17 Which tanks contained the dirty ballast during the ballast voyage (if ship arrived in ballast)?

  • .18 Which tanks contained the clean ballast during the ballast voyage (if ship arrived in ballast)?

In addition the following information may be pertinent:

  • .19 Details of the present voyage of the ship (previous ports, next ports, trade)

  • .20 Contents of oil fuel and ballast tanks

  • .21 Previous and next bunkering, type of oil fuel

  • .22 Availability or non-availability of reception facilities for oily wastes during the present voyage

  • .23 Internal transfer of oil fuel during the present voyage.

In the case of oil tankers the following additional information may be pertinent:

  • .24 The trade the ship is engaged in, such as short/long distance, crude or product or alternating crude/product, lightering service, oil/dry bulk

  • .25 Which tanks clean and dirty

  • .26 Repairs carried out or envisaged in cargo tanks.

Miscellaneous information:

  • .27 Comments in respect of condition of ship's equipment

  • .28 Comments in respect of pollution report

  • .29 Other comments.

3 Investigation ashore

3.1 Analyses of oil samples

Indicate method and results of the samples' analyses.

3.2 Further information

Additional information on the ship, obtained from oil terminal staff, tank cleaning contractors or shore reception facilities may be pertinent.

  • Note: Any information under this heading is, if practicable, to be corroborated by documentation such as signed statements, invoices, receipts.

4 Information not covered by the foregoing

5 Conclusion

  • .1 Summing up of the investigator's technical conclusions.

  • .2 Indication of applicable provisions of MARPOL Annex I which the ship is suspected of having contravened.

  • .3 Did the results of the investigation warrant the filing of a deficiency report?


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