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INTERNATIONAL MARITIME ORGANIZATION



IMO

E


MARINE ENVIRONMENT PROTECTION
COMMITTEE
55th session
Agenda item 6
MEPC 55/6/9
4 August 2006
Original: ENGLISH

INTERPRETATIONS AND AMENDMENTS TO MARPOL 73/78 AND RELATED
INSTRUMENTS

Definition of en route as applied to MARPOL Annex I

Submitted by Australia


SUMMARY

Executive summary:

This document seeks clarification of the term en route in the
application of regulation 15 of the revised MARPOL Annex I

Action to be taken:

Paragraph 9

Related documents:

Resolution MEPC.117(52) - Revised MARPOL Annex I; resolution
MEPC.118(52) - Revised MARPOL Annex II

1 Australia is seeking clarification on a matter of interpretation that has arisen regarding the
definition of en route as applied by MARPOL Annex I. The same issue appears to exist both
under the existing and revised versions of Annex I. To explain the particular issue, text extracts
from the revised Annexes I and II, as applicable from 1 January 2007, are referenced below.

2 The oil discharge requirements under regulation 15 of the revised Annex I for ships (other
than oil tankers) contain a range of conditions that must be met including that the ship is
proceeding en route. However, Annex I does not provide a definition to assist in the
interpretation of proceeding en route.

3 The requirements of the revised Annex II contain discharge conditions based upon the
chemical category and also involve a distance from nearest land, a water depth, proceeding en
route and a navigational speed. Regulation 1.6 of the revised Annex II provides the following
definition:

en route means that the ship is under way at sea on a course or courses, including
deviation from the shortest direct route, which so far as practicable for navigational
purposes, will cause any discharge to be spread over as great an area of the sea as is
reasonable and practicable.

As the discharge conditions in regulation 13 of the revised Annex II include a specified distance
from land, a ship undertaking a discharge in accordance with the revised Annex II is clearly at
sea beyond any port or internal waters when the discharge is undertaken. The
definition, however, appears only to apply to discharges undertaken in accordance with the
revised Annex II.
MEPC 55/6/9 - 2 -


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4 The original MARPOL Annex I (regulation 9) requirements for oil discharges originating
from machinery space bilges included that the ship be more than 12 nautical miles from the
nearest land and the oil content of the effluent be less than 100 parts per million. It could
therefore be argued that the intention was that a ship must be at sea when proceeding en route.
Amendments in force from July 1993 reduced the oil content to 15 parts per million and the
distance requirement from the nearest land was removed. Since 1993 ships have therefore been
able to undertake discharges, subject to all the relevant conditions, in any location when
proceeding en route. The revised Annex I retains the same requirements.

5 The particular issue of concern for Australia is that, in the absence of a specific definition
of en route for the purposes of the revised Annex I, it could be argued that machinery space
discharges may be undertaken as soon as a ship has left its moorings or departed the berth and is
under way or is making way through the water in the normal course of a voyage. In most cases
the ship at that time will be located in a river, port or harbour, and within the internal waters of
the coastal State.

6 Taking into account the original intention of MARPOL, and noting that one of the aims of
the Convention is the complete elimination of intentional pollution, Australia considers that for
the purposes of regulation 15 of the revised Annex I, the ship should be at sea when operating
oil filtering equipment and that this will offer the best protection for the marine environment in
internal waters.

7 While it is recognized some Parties to MARPOL may have domestic legislation that
either further defines MARPOL terms or implements sovereign rights to apply more stringent
requirements within internal waters, many Parties rely upon interpretations or discussions
recorded in the reports of MEPC sessions.

8 The Committee may consider it appropriate to agree that the definition of en route in
the revised Annex II should apply equally to the revised Annex I of MARPOL. Should the
Committee agree with this course of action, the Committee could also consider including a
clarification of the term at sea for the purposes of the revised Annex I, for example by using
the phrase at sea outside internal waters.

Action requested of the Committee

9 The Committee is invited to consider the above and take action as appropriate.


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