UK: Amendments to MARPOL Annex II, effective 1 November 2023

UK Maritime and Coastguard Agency has published a marine information note (MIN) providing information on an amendment to Appendix 1 to MARPOL Annex II.

This MIN was issued on 25 October 2023.

Summary

Appendix 1 reproduces a series of tables from the GESAMP Hazard Evaluation Procedure which set out criteria for the categorisation of noxious liquid substances which are carried in bulk by sea.

Updates to the GESAMP hazard evaluation procedures have resulted in consequential amendments to information provided in appendix 1 of Annex II.

This MIN details the amendments to the tables, which came into force internationally and in the UK on 1 November 2023.

1. Background

1.1 The United Kingdom is a signatory to the International Convention for the Prevention of Pollution from Ships (MARPOL).

MARPOL is divided into six technical annexes, each of which makes provision for the prevention and control of a specific type of ship-source pollution.

Annex II makes provision for the prevention and control of pollution by noxious liquid substances (NLS) carried in bulk on ships.

This is achieved primarily through mandatory requirements for ship construction, equipment, operational procedures and discharge controls for ships carrying NLS in bulk.

Annex II is implemented in the UK by the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018.

1.2 For the purposes of Annex II, noxious liquid substances are divided into four pollution categories. These are:

Category X	Noxious liquid substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a major hazard to either marine resources or human health and, therefore, justify the prohibition of the discharge into the marine environment
Category Y	Noxious liquid substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a hazard to either marine resources or human health or cause harm to amenities or other legitimate uses of the sea and therefore justify a limitation on the quality and quantity of the discharge into the marine environment
Category Z	Noxious liquid substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a minor hazard to either marine resources or human health and therefore justify less stringent restrictions on the quality and quantity of the discharge into the marine environment
Category OS	Other substances (OS) which have been evaluated and found to fall outside category X, Y or Z as defined in Annex II because they are, at present, considered to present no harm to marine resources, human health, amenities or other legitimate uses of the sea when discharged into the sea from tank cleaning or deballasting operations.

1.3 Guidance for use in the categorisation of NLS, in the form of categorisation tables, is given in appendix 1 to Annex II.

This is supplemented by the International Maritime Organization (IMO) publication Guidelines for the Provisional Assessment of Liquid Substances Transported in Bulk (MEPC.1/Circ.512/Rev.1).

1.4 The categorisation tables set out in appendix 1 are reproduced from GESAMP’s Hazard Evaluation Procedure for Chemicals Carried by Ships.

GESAMP is the Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection, an advisory body that advises the United Nations (UN) on the scientific aspects of marine environmental protection, with the principal objective of providing scientific advice concerning the prevention, reduction and control of the degradation of the marine environment.

1.5 In 2019, GESAMP amended their Hazard Evaluation Procedure in order to reflect developments related to hazard categorisation.

The purpose of the amendment is not to replace the existing hazard evaluation procedure, but to update it with as little disruption to the user as possible, only introducing changes where necessary, in particular to ensure harmonization with IMO regulations and the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

1.6 At the 75th session of the International Maritime Organization’s (IMO) Marine Environment Protection Committee (MEPC) it was noted that the revised GESAMP Hazard Evaluation Procedure for Chemicals Carried by Ships, 2019 had been published and that this revision included a number of updates and refinements to the GESAMP Hazard Profile table.

As the GESAMP Hazard Evaluation Procedure tables are reproduced in appendix I to MARPOL Annex II, in light of these refinements, the Committee requested the Secretariat to prepare the draft consequential amendments to appendix I of MARPOL Annex II and submit them to the 76th session of MEPC, with a view to approval and subsequent circulation for adoption.

1.7 The amendments to appendix 1 to MARPOL Annex II were adopted by IMO Resolution MEPC.344(78) and come into force on 1st November 2023.

2. Amendments to MARPOL Annex II

2.1 There are three amendments to the GESAMP hazard evaluation procedure tables. Where these GESAMP tables are replicated in appendix 1 to Annex II, amendments are made to appendix 1 to reflect the GESAMP amendments. These amendments are intended to have as little impact on users as possible whilst ensuring that the hazard evaluation process remains up to date and harmonised.
1. i. The reassignment of column E1. The rating of a chemical’s potential to taint seafood has not been used for more than 20 years as tainting has been deleted as a regulatory criterion for classifying chemicals under MARPOL and, after 2000, no further evaluations related to tainting have been performed. Therefore, tainting has been deleted from the hazard profile. At the same time, emergency responders using the GESAMP Hazard Profile requested information on flammability for use in spill management. Therefore, in the revised GESAMP procedure, and consequently the amended appendix I, column E1, which previously related to tainting, has been reassigned to flammability rated according to a measured flashpoint.
2. ii. Sub-categorisation of column C3. Chapter 21 of the IBC Code which defines the criteria for assigning minimum carriage requirements, requires consideration of occupational hazards in the GESAMP Hazard Profile. With this in mind, and based on requests from the IMO, column C3 of the GESAMP Hazard Profile table has been sub-divided to provide a more detailed evaluation of the acute inhalation hazard onboard in particular for pure vapour exposure. Column C3, which rates inhalation toxicity, has been subdivided into C3a and C3b which break down the rating into vapour/mist, mist only and vapour only in order to take account of occupational exposure to vapours from cargo tanks rather than only combined mist and vapour exposure after a spill on sea.
3. iii. Re-formatting of columns C and D. The GESAMP hazard evaluation procedure tables presented columns A and B in one table, columns C and D in one table and Column E in one table. Following the sub-division of column C3, the procedure is now presented with columns A and B in one table and then columns C, D and E are each presented in individual tables to clearly present all sub-divisions. This amendment is for clarity of presentation.
2.2 Annex I of this MIN sets out the relevant tables in appendix I of Annex II as they appear prior to the 1st November 2023. Annex II of this MIN sets out the relevant tables in appendix 1 to Annex II as they appear on and after 1st November 2023. Pollution categories for noxious liquid substances set out in Annex II are unaffected.

3. Implementation in the UK

3.1 The amendment to appendix 1 to Annex II was adopted by IMO Resolution MEPC.344(78). It comes into force internationally and in the UK on 1st November 2023.

3.2 MARPOL Annex II is implemented in the UK by the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 (SI 2018/68) (“the 2018 Regulations”).

The 2018 Regulations contain references to noxious liquid substances, which are defined as substances categorised in accordance with regulation 6 of MARPOL Annex II.

Regulation 6 of Annex II contains a reference to the guidelines for use in the categorisation of noxious liquid substances, which are contained in appendix 1.

The amendments to appendix 1 will therefore be implemented in the UK by way of the references to noxious liquid substances in the 2018 Regulations, which references are made ambulatory by virtue of regulation 4 in those Regulations.

Regulation 26 of the 2018 Regulations (prohibition on the carriage and discharge of unassessed liquid substances) also contains a reference to regulation 6 of Annex II, which, because this reference is also ambulatory, incorporates the amended Appendix 1.

3.3 Ambulatory Referencing is a tool used in certain domestic secondary legislation to enable amendments to international instruments (such as MARPOL) to be given direct effect in UK domestic law.

Where the legislation refers to an international instrument, this reference will be ambulatory, that is, a reference to the most up to date version of that provision or code in the international instrument, where the amendments have been made by way of the amendment procedure which is prescribed in that international instrument.

The development of an ambulatory reference approach in relation to international maritime instruments is a key step in ensuring the UK keeps up to date with its international maritime obligations.

3.4 This use of ambulatory reference means that agreed amendments to international conventions and codes can be automatically implemented in secondary legislation that references them and which include ambulatory provision.

These are generally technical requirements and often relatively small-scale and low-impact amendments which might previously have required disproportionate legal and policy time to implement by way of amendment to the legislation.

4. Further sources of information

4.1 MEPC.344(78) - Amendments to MARPOL Annex II (Abbreviated legend to the revised GESAMP Hazard Evaluation Procedure)

4.2 GESAMP Hazard Evaluation Procedure for Chemicals Carried by Ships, 2019

4.3 Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018

4.4 MEPC.1/Circ.512/Rev.1 - Guidelines for the provisional assessment of liquid substances transported in bulk

4.5 IMO information on the assessment of bulk liquid chemicals can be found here.

Annex 1

The tables in appendix 1 as they appear prior to 1 Nov 2023

Abbreviated legend to the revised GESAMP Hazard Evaluation Procedure

*These columns are used to define pollution categories.

Abbreviated legend to the revised GESAMP Hazard Evaluation Procedure (continued)

*These columns are used to define pollution categories.

Abbreviated legend to the revised GESAMP Hazard Evaluation Procedure (continued)

*These columns are used to define pollution categories.

Annex 2

The tables in appendix 1 as they appear after 1 Nov 2023 (the three tables under the title ‘Abbreviated legend to the revised GESAMP Hazard Evaluation Procedure’ are replaced by the following four tables):