1 Occasionally during a voyage, cargo may spoil
and mariners are faced with the need to manage the problem. This Guidance
on managing spoilt cargoes is intended to provide guidance to Governments,
shipowners, ship operators, ships' crew, cargo owners, port reception
facility operators, insurance agents and equipment operators.
2 The ideal way to manage cargo that spoils during
a voyage would be to offload it from the ship to be managed on land
– either to sell for an alternate use, recycle salvageable materials,
or to be disposed of in an environmentally safe manner. Spoilt cargo
should only be considered for disposal at sea when there is a marked
degree of urgency, facilities on land are unavailable, and it will
not cause harm to the environment or human health.
Applicability of the London Convention and Protocol
(LC/LP) and MARPOL Annex V to the management of spoilt cargoes
3 The London Convention and Protocol regulate
the dumping of wastes or other matter at sea. The London Convention
was one of the first global conventions to protect the marine environment
from human activities and has been in force since 1975. A so-called
"black- and grey-list" approach is applied for wastes, which can be
considered for disposal at sea according to the hazard they present
to the environment. For the blacklist items, dumping is prohibited.
Dumping of the grey-listed materials requires a special permit from
a designated national authority under strict control and provided
certain conditions are met. All other materials or substances can
be dumped after a general permit has been issued. The London Protocol
was adopted to modernize the Convention and, eventually, replace it.
The purpose of the Protocol is similar to that of the Convention,
but the Protocol is more restrictive: application of a "precautionary
approach" is included as a general obligation; and a "reverse list"
approach is adopted, whereby all dumping is prohibited unless explicitly
permitted. Only those materials listed in annex I of the Protocol
can be permitted for dumping at sea. Under the Convention and Protocol,
dumping does not include the disposal at sea of wastes or other matter
incidental to, or derived from, the normal operations of vessels.
4 MARPOL Annex V regulates
the prevention of pollution by garbage from ships. Amendments to Annex V were adopted in 2011 (resolution MEPC.201(62)) and enter[ed] into force
on 1 January 2013. Under the amended MARPOL Annex
V, discharge of all garbage is now prohibited, except as specifically
permitted in the regulations of MARPOL Annex V. (Before these amendments,
discharge of garbage was generally allowed unless provided otherwise
in MARPOL Annex V, depending on the
nature of the garbage and defined distances from shore.) Regulation
7 provides limited exceptions to the MARPOL Annex
V restrictions in emergency and non-routine situations. Generally,
discharge is restricted to food wastes, identified cargo residues,
animal carcasses, and identified cleaning agents and additives and
cargo residues entrained in washwater which are not harmful to the
marine environment. It is recommended that ships use port reception
facilities as the primary means of discharge for all garbage.
5 Under regulation 1 of MARPOL Annex V, "garbage" is defined as "all
kinds of food wastes, domestic wastes and operational wastes, all
plastics, cargo residues, incinerator ashes, cooking oil, fishing
gear, and animal carcasses generated during the normal operation of
the ship and liable to be disposed of continuously or periodically
except those substances which are defined or listed in other Annexes
to the present Convention. Garbage does not include fresh fish and
parts thereof generated as a result of fishing activities undertaken
during the voyage, or as a result of aquaculture activities which
involve the transport of fish including shellfish for placement in
the aquaculture facility and the transport of harvested fish including
shellfish from such facilities to shore for processing".
6 Spoilt cargo is not considered garbage under
MARPOL Annex V, as amended, and so
its discharge is not regulated under MARPOL Annex
V. Spoilt cargo may be subject to the London Convention and
Protocol if dumping at sea is being considered.
7 The London Convention and Protocol regulate
ocean dumping of wastes or other matter. They set out a system requiring
a permit be obtained in advance of dumping. Thus, a permit needs to
be obtained from the State where the cargo was loaded (if that State
is a Party to the London Convention or Protocol) or the vessel's flag
State (if that State, but not the loading State, is a Party). A permit
would also generally be needed from the State in whose jurisdiction
(e.g. EEZ) the dumping would occur. Only those materials found to
be acceptable under the London Convention or Protocol may be considered
for dumping at sea.
8 Types of spoilt cargoes and the conditions in
which cargo may spoil vary widely, and may depend on the cargo type,
length of voyages, types of vessels and environmental conditions involved.
Factors that may contribute to cargo spoilage include faulty operation
or management of equipment designed to secure cargo holds, weather,
or other environmental conditions. Examples of cargo spoilage include
cereals, grains, fruit, frozen cargo (meat, dairy, fish), non-comestible
cargoes (coal, fertilizers and cement). Some animal carcasses may,
however, be treated as garbage under Annex
V as discussed further in paragraphs 32 to 38 below. Environmental
risks from disposal of spoilt cargo vary depending on the type of
cargo and quantities. Safety of crew members can be a factor if hazardous
or poisonous gases are generated from the spoilt cargo. A list of
spoilt cargoes that have been considered for sea disposal and permits
issued are included in the annex.
Treatment of spoilt food cargoes (cereals, grains,
fruits and vegetables)
9 There are many circumstances in which food cargoes
may spoil, such as water damage, contamination, equipment failure
or catastrophic events. In the case of contaminated food or over-ripe
fruit, removal from the cargo hold can prevent further contamination.
Options for management of spoilt food cargo may depend on availability
of onboard storage facilities; need to prevent further contamination
and quantities of spoilt food cargo.
Treatment of spoilt frozen cargo
10 Spoilt frozen cargo may result from equipment
failure and subsequent thawing and can often involve the entire cargo.
Treatment of spoilt non-comestible cargoes such as
coal, fertilizers and cement
11 Non-comestible cargoes may spoil due to catastrophic
events or non-catastrophic loss of hull integrity. The environmental
risk of disposal of spoilt non-comestible cargoes depends on the type
and quantity of spoilt cargo.
Treatment of cargo residues
12 Cargo residues, whether from cargo that is
spoiled or not, are considered garbage under MARPOL Annex V. Under regulations 4.1.3 and 6.1.2 of Annex V, cargo residues may
only be discharged under certain conditions and only when they cannot
be recovered using commonly available methods for unloading and they
do not contain any substances classified as harmful to the marine
environment.
Contingency plans for the management of spoilt cargo
13 The shipowner or their representative may consider
developing contingency plans to facilitate timely decision-making
by State regulatory authorities and minimize delays to a ship.
14 It would be useful for ships, especially those
carrying the same cargo type over time, to have contingency plans
established for dealing with their specific type of cargo should it
spoil. Ships engaged in spot contract services could have general
contingency plans in the event of cargo spoilage. Contingency plans
should consider:
-
.1 an assessment of the potential for cargo spoilage
to occur over a given route, including the risks, potential quantities
and measures available to reduce spoilage;
-
.2 a process to notify the cargo owner, port authorities
and regulatory authorities of the port State or the ship's flag State;
-
.3 a process to decide if the spoilt cargo is
to be managed as waste for disposal on land or sold for an alternative
use;
-
.4 a process to determine available land-based
facilities that are authorized to receive the spoilt cargo, and make
arrangements;
-
.5 if land-based options are not available or
practicable, a communications process setting out who is to be contacted
for a permit for dumping at sea; and
-
.6 if dumping is selected, a process and the information
needed to obtain a permit.
Considerations for documenting spoilt cargo
15 Existing documents that ships carry can provide
much of the information needed for managing spoilt cargo. Key documents
include bills of lading, cargo manifests, ship's logs, and the Garbage
Record Book under regulation 10 of
Annex V.
16 Otherwise, documentation should include information
necessary to obtain a dumping permit under the London Convention or
Protocol, including descriptions of:
-
.1 the quantities and properties of the waste
or other matter;
-
.2 how the cargo was spoiled;
-
.3 how the spoilt cargo is packaged and how it
would be released;
-
.4 the proposed dumping site including geographical
position (latitude and longitude), depth of water and distance from
nearest coast; and
-
.5 the potential effects and expected human health
and environmental consequences of the disposal of the spoilt cargo.
State regulatory authorities may request additional
information
17 The master or ship's owner should consult with
the cargo owner to ensure information on the nature of the cargo is
complete. A local shipping agent may be able to obtain advice on selecting
a suitable dumpsite. Dumpsite selection is part of the permitting
process and, therefore, it is necessary to consult the Government
issuing the permit on the selection of a suitable dumpsite.
18 The London Convention requires consideration
of the practical availability of alternative land-based methods of
treating, disposal or elimination. The London Protocol states that
ocean dumping permits shall be refused if the permitting authority
determines that appropriate opportunities exist to reuse, recycle
or treat the waste without undue risk to human health or the environment
or disproportionate costs. Therefore, options to manage spoilt cargo
other than ocean dumping need to be considered. Such options may include
resale for alternate use, recycling, landfill, secure landfill, incineration,
composting and treatment for use or landfill.
19 The ship's owner, master or a designated officer
in consultation with the owner of the cargo should prepare the permit
application. The owner of the cargo may prefer to apply for the permit.
It should be submitted to the Government of the State in whose jurisdiction
(e.g. EEZ) the dumping is planned to occur. If the dumping is planned
to take place in waters outside of national jurisdiction, the permit
application should be submitted to the State where the cargo was loaded
(if that State is a Party to the London Convention or Protocol), or
the vessel's flag State (if that State, but not the loading State,
is a Party). Contacts for the appropriate State Government can be
obtained from the Office for the London Convention and Protocol at
the International Maritime Organization (IMO) at olcp@imo.org.
20 In emergencies posing an unacceptable threat
to human health, safety or the marine environment and admitting no
other feasible solution, an emergency permit may be issued. Disposal
at sea under an emergency permit would need to be conducted in a manner
that minimizes the impact on the marine environment. State regulatory
authorities may wish to consult "Procedures and criteria for determining
and addressing emergency situations", 2006 (see LC 28/15 annex 11,
refer to: http://www.imo.org/blast/blastData.asp?doc_id=13647&filename=Emergency%20procedures.pdf),
which addresses force majeure and emergency situations.
21 A disposal at sea permit requires a detailed
assessment of the waste and other requirements and can take a significant
amount of time to obtain. Contingency measures should be in place
to temporarily allow for storage of the material to be disposed of
while a permit is obtained, allowing the transporting vessel to proceed
with its normal activities.
22 Another aspect to consider, if disposal at
sea is the preferred option to manage a spoilt cargo, is that the
configuration of the ship where the cargo spoiled may not be amenable
to dumping it at sea. In such a case, contingency plans could consider
arrangements for temporary storage either on land or another vessel,
and subsequent loading onto suitable equipment for dumping.
23 Plans for temporary storage would need to be
considered in any permit application review and should include location,
logistics for transportation and handling, expected time frames, containment
measures, emergency response (if needed) and contingencies.
Mitigation for invasive species and pathogens in some
spoilt cargoes
24 Some spoilt cargoes pose concerns for transferring
invasive species or harmful pathogens, potentially from living organisms
present in the cargo, or transported as the cargo. Invasive species
of concern could be terrestrial species potentially transferred from
port to port or marine species introduced through contamination of
the cargo with seawater, a concern if the material is dumped at sea.
Management measures may include special considerations for disposal
or storage site selection, containment if storage is required, and
containment at the disposal site including capping or other confined
disposal. Treatment such as comminution or land-based incineration
could also be considered depending on facilities and type of organism
suspected.
25 Mariners engaged in the transport of cargo
that presents risks for transferring invasive species should include
measures in their management plans to manage spoilt cargo. Advice
may be available from regulatory authorities in the importing country.
26 Mortalities of live animal cargoes such as
certain shellfish and livestock can be a key concern, notably for
countries that rely on maritime shipping for trading livestock. In
case of livestock, advice of the Food and Agriculture Organization
is that livestock mortalities should be stored for landing ashore
and incineration. Onboard storage of mortalities should be segregated
to prevent pathogen transmission among the other animals on board.
27 Managing risks of disease transmission on land
may also involve some specific considerations. In some cases, land-based
disposal options may present a higher risk to human health and the
environment. The comparative risks between land disposal and sea disposal
should be assessed as related to the specific circumstances and potential
impacts posed to human health and the environment. Local regulatory
authorities in the port State receiving the mortalities should be
contacted for advice. Shipping agents, prior to arrival, should facilitate
contact with the port State.
28 Other measures may include mechanical handling
to avoid exposure to seafarers and dockside workers, site selection
considerations (avoiding potential conflicts with other users of the
sea), containment if storage is required, and containment on site
including capping or other confined disposal. If the pathogen is known,
measures may be set for monitoring worker health (for human health
risks) or for monitoring the local environment (if the material presents
a risk to wildlife). Treatment could also be considered depending
on the facilities and type of organism suspected.
Alternative options when dumping at sea is not allowed
29 State regulatory authorities may make a decision
not to allow dumping at sea based on the type of spoilt cargo or a
sensitivity of the receiving environment, even in cases where practical
or appropriate options are not available.
30 Where a dumping permit would not be allowed
for a type of spoilt cargo, plans should be made for offloading in
port. If there are no available facilities at a given port, as part
of the contingency planning process, ports and local authorities should
be consulted either on:
-
.1 the potential to establish facilities;
-
.2 options for the potential spoilt cargo to be
used in local industry; or
-
.3 feasibility of transport to an authorized facility
within the jurisdiction.
31 If no facilities are available within a port
State, contingency plans should consider retention of the spoilt cargo
on board and sailing to the nearest port with facilities for offloading
either on a direct route or on the planned route for other cargo shipments.
To manage costs, these plans should be developed in consultation with
insurance organizations and cargo owners.
Treatment of animal carcasses
32 There may be circumstances where MARPOL Annex V will apply to the regulation and
treatment of animal carcasses, and other circumstances in which the
London Convention and Protocol may apply. The regulation and treatment
of animal carcasses will, therefore, need to be managed on a case-by-case
basis and according to the particular circumstances and relevant guidelines.
33 The 2012 Guidelines for Implementation
of MARPOL Annex V
(adopted by resolution MEPC.219(63) includes special
guidance on the treatment of animal carcasses. The master of the ship
is expected to have responsibility for shipboard livestock operational
issues, animal health and welfare, and conditions for the control
and reporting of animal mortality on board. Ships carrying live animal
cargo consignments are expected to have animals that die during voyage.
The mortality numbers are generally low and are operational issues
to be controlled as part of cargo management practice. These mortalities
are considered to be generated during the normal operation of the
ship and liable to be discharged of continually or periodically and,
therefore, subject to Annex V regulations and guidelines.
34
Regulation 4.1.4 of
MARPOL Annex V permits the discharge into the sea of animal carcasses
generated during the normal operation of a ship, but only if the ship
is en route, outside a special area, as far as possible from the nearest
land and taking into account IMO guidelines. To comply with regulation 4.1.4 of MARPOL Annex V,
it is recommended that the discharge into the sea should take place
greater than 100 nautical miles (nm) from the nearest land and in
the maximum water depth possible. Discharge of animal carcasses needs
to be recorded in the Garbage Record.
35 Carcasses of animals resulting from mortalities
in excess of those generated during the normal operation of a ship
are not "garbage" under Annex V and
are not covered under the Annex V guidelines.
"Mortalities in excess of those generated during the normal operation
of a ship" refers to animal mortalities in excess of those expected
to die during a voyage. While this could be a number of animals dying
at the same time or within a short period of time, the number of mortalities
that exceed those generated during the normal operation of a ship
will depend upon the animal species and the total number and/or species
carried in the consignment.
36 Circumstances that may result in mortalities
that exceed those generated during the normal operation of the ship
include:
-
- malfunctioning of ventilation or watering systems;
- weather events such as heat waves or storm systems;
- infectious disease outbreaks; and
- refusal of cargo offloading by authorities at destination, leading
to the need to euthanize some or all of the live animal cargo.
37 In the case of animal mortalities in excess
of those generated during the normal operation of a ship, the animal
carcasses may be considered as spoilt cargo and may be subject to
the London Convention and Protocol when dumping at sea is being considered.
To assist in managing these situations, masters should contact the
flag State of the ship and, where appropriate, port and/or coastal
State(s) to seek guidance on the appropriate legal regimes and requirements,
as well as consult relevant IMO guidelines and circulars.
38 Fish, including shellfish, carried on board
as cargo that have died or been euthanized on board during the voyage
are considered to be animal carcasses and should, to the extent practicable,
be treated in the manner set out in section 2.12 of the 2012
Guidelines for Implementation of MARPOL Annex V. Governments
may want to consider additional actions to reduce the risk of spreading
parasitic or pathogenic organisms.