Towards the Drafting of a National Implementation Plan for the Kingdom of Saudi Arabia

1. MARPOL 73/78 Towards the Drafting of a National Implementation Plan for the Kingdom of Saudi Arabia Preparedby Abdulaziz M. Al-Suwailem KING FAHD UNIVERSITY OF PETROLEUM & MINERALS Prepared for Ministry of Transport

2. MARPOL 73/78 International Convention for the Prevention of Pollution from Ships (administered byIMO) • First ever comprehensive anti-pollution convention dealing with ship-borneoil as well as other chemicals, harmful substances, garbage, sewage, and air pollutants. • Concerned with jurisdiction, inspection, and enforcement. Objectives: To completely eliminatethe intentional pollution of the marine environment by oil and other harmful substances; and To minimize the accidental discharge of such substances.

3. MARPOL 73/78: CONTENTS contains 20 Articles and 6 Annexeswith Regulations • Annex I : Prevention of Pollution by Oil • Annex II : Noxious Liquid Substances in Bulk • Annex III : Harmful Substances in Packaged Form • Annex IV : Sewage • Annex V : Garbage • Annex VI : Air pollution Annexes III, IV, V and VI are optional,but Saudi Arabia officially acceded to Annexes I–V on 23 May 2005. • Therefore, Saudi Arabia is obliged to fully implement MARPOL 73/78, including Annexes I-V. • Implementation approach is discussed below!

4. MARPOL 73/78: RATIFICATION (as of 2004) CANADA NORTH AMERICA EUROPE USA JAPAN ASIA KSA AFRICA 23 MAY 2005 SOUTH AMERICA AUSTRALIA RUSSIA BRAZIL

5. MARPOL 73/78: ENTRY INTO FORCE Saudi Arabia is obliged to implement Annexes I–V.

6. MARPOL DEFINITIONS: VESSELS Ship covers vessels of any type whatsoever operating in the marine environment and includes: • hydrofoil boats, • air-cushion vehicles, • submersibles, • floating craft, • fixed or floating platforms, and • a vessel fitted with cargo spaces which are constructed and utilized to carry oil in bulk of an aggregate capacity of 200 m3 or more. Oil tanker means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers and any chemical tanker when it is carrying a cargo or part cargo of oil in bulk.

7. MARPOL 73/78: Vessel Categories • Gross tonnage (GRT) is a measure of the internal capacity or volume of a ship, tug, or barge. It is a cubic or space measurement of all areas of a vessel with some allowances or deductions for exempt spaces such as living quarters.

8. SINGLE-HULL TANKERS Double Hull Single Hull

9. SINGLE-HULL TANKERS • Segregated Ballast Tanks Segregated Ballast  means the ballast water introduced into a tank which is completely separated from the cargo oil and fuel oil system and which is permanently allocated to the carriage of ballast or cargoes other than oil.

10. MARITIME ZONES INTERNATIONAL AIR SPACE NATIONAL AIR SPACE CONTIGUOUSZONE TERRITORIALSEA INTERNALWATERS EEZ HIGH SEAS 12NM BASELINE 24NM 200NM

11. MARPOL DEFINITIONS: SPECIAL AREA Special Area means a sea area where, for recognized technical reasons in relation to its oceanographic and ecological condition and to the particular character of its traffic, the adoption of special mandatory methods for the prevention of sea pollution by oil is required, Under the Convention, these special areas are provided with a higher level of protection than other areas of the sea. • List of ANNEX I(Oil) Special Areas: • Red Sea Area • Gulfs Area • Gulf of Aden Area • Mediterranean Sea Area • Baltic Sea Area • Black Sea Area • Antarctic Area • North-West European Waters

12. MARPOL DEFINITIONS: SPECIAL AREA • ANNEX II(Noxious Liquid Substances) Special Areas: • Baltic Sea Area • Black Sea Area • Antarctic Area • With strict controls on tank washing and residue discharge procedures! • ANNEX V(Garbage) Special Areas: • Baltic Sea area • Black Sea Area • Red Sea area • Gulfs area • Mediterranean Sea Area • North Sea • Antarctic Area (south of 60°S) • Wider Caribbean Region, including Gulf of Mexico and Caribbean Sea • With strict controls on the disposal of garbage!

13. MARPOL 73/78

14. Actions Mandated by MARPOL • MARPOL IMPLEMENTATION • Inspect foreign ships visiting Saudi Arabian ports to ensure that they meet international standards. • Monitor Compliance. • Prohibit violations, make penalties. • Carry out surveys as per MARPOL requirements for all ocean going ships registered in Saudi Arabia. • Issue International Oil Pollution Prevention Certificates (IOPP) to surveyed ocean going ships. • Provide adequate Reception Facilities to ships visiting Saudi Arabian Ports. • Phase out single-hull tankers.

15. MARPOL IMPLEMENTATION • Inspections • Confirm possession of valid certificate on board. • Examine ship condition, only if there “clear grounds” for believing that ship does not correspond “substantially” with the certificate). • If requested by another state (including a coastal state), if there is sufficient evidence that the ship discharged harmful substances in “any place.” • General Inspection Procedure • Checking of all Certificates required as per MARPOL • Walk-through of the ship including deck, and have a visual check of the condition of all the equipment and machinery as well as hatch closing arrangement, air pipes and vent coatings.

16. MARPOL IMPLEMENTATION • Possible Actions Under the provisions of the Convention, Port State may: • Detain a ship until deficiencies have been rectified • A vessel is detained when a deficiency is found which must be rectified before it sails. • Permit a ship to sail with deficiencies subject to conditions • Penalties Assess appropriate penalties for the contravention of Convention requirements, such as: • immediate flag State detention of the vessel. • withdrawal of the vessel’s Certificate of Registry. • fine • suspension or revocation of ship’s officers’ Certificates of Competency.

17. MARPOL IMPLEMENTATION • Surveys • Ships in international voyages shall be subject to surveys by officers of the Ministry of Transport to ensure that equipment, fittings, arrangements, and materials fully comply with the applicable requirements of MARPOL Regulation. International Oil Pollution Prevention Certificate (IOPP Certificate) • The IOPP Certificate shall be issued to: • Oil Tankers ≥ 150 GRT • Ships ≥ 400 GRT by the Minister of Transport after survey of the ocean going ship for a period not exceeding 5 years as evidence of their compliance with the pollution prevention equipment and survey requirements of MARPOL Annex I.

18. MARPOL REQUIREMENTS Certificates and Documents required on board Ocean Going Ships

19. MARPOL REQUIREMENTS Certificates and Documents required on board Ocean Going Ships… (cont.)

20. MARPOL REQUIREMENTS Major Requirements on board Ocean-going Oil Tankers and Ships

21. MARPOL REQUIREMENTS • Reception Facilities All oil loading terminals, repair ports, or other ports that service oceangoing Ships ≥ 400 GRT and oceangoing Oil Tankers ≥ 150 GRTshall be provided with the following facilities: • reception and treatment of all dirty ballast and tank washing water from oil tankers. • sufficient capacity to receive the residues/mixtures and the needs of ships using them without causing undue delay to the ships involved.  • shall be equipped with oil transfer hose adapters designed to allow connection with the standard flange specified by the International Maritime Organization (IMO).

22. MARPOL REQUIREMENTS Oily waste reception facilities shall be available at: • (a) all ports and terminals in which crude oil is loaded into oil tankers where such tankers have immediately prior to arrival completed a ballast voyage of not more than 72 hr or not more than 1,200 nautical miles. • (b) all ports and terminals in which oil other than crude oil in bulk is loaded at an average quantity of more than 1,000 MT per day. • (c) all ports having ship repair yards or tank cleaning facilities; • (d) all ports and terminals which handle ships provided with the sludge tank(s) required by Regulation 17 of Annex I of MARPOL 73/78. • (e) all ports in respect of oily bilge waters and other residues, which cannot be discharged in accordance with Regulation 9 of Annex I of MARPOL 73/78; and • (f) all loading ports for bulk cargoes in respect of oil residues from combination carriers which cannot be discharged in accordance with Regulation 9 of Annex I of MARPOL 73/78.

23. MARPOL REQUIREMENTS

24. MARPOL 73/78: Vessel Categories • Gross tonnage (GRT) is a measure of the internal capacity or volume of a ship, tug, or barge. It is a cubic or space measurement of all areas of a vessel with some allowances or deductions for exempt spaces such as living quarters.

25. Phase Out of Single-Hull Tankers MARPOL PHASE-OUT REQUIREMENTS

26. MARPOL 73/78 REQUIREMENTS Small Vessels There is no statutory requirement for ships below 5,000 tonnes dead-weight to have double hulls.

27. PHASE OUT SCHEDULES

32. Small Vessels: <5000 ton deadweight There is no statutory requirement for ships below 5,000 tons deadweight to have double hulls.

33. SINGLE HULL PHASE OUT: EXTENSION Can any single hull tankers operate beyond the dates set? The revised regulation 13G of MARPOL allows the Administration (flag State) to permit continued operation of Category 2 or 3 tankers beyond its phase-out date in accordance with the schedule subject to satisfactory results from the Condition Assessment Scheme (CAS). Condition Assessment Scheme (CAS) is an additional reinforced inspection scheme specifically developed to detect structural weaknesses of single hull oil tankers. Category 2 and 3 tankers with an age over 15 years to be allowed to continue beyond 2005 subject to CAS, but the continued operation must not go beyond the anniversary of the date of delivery of the ship in 2015 or the date on which the ship reaches 25 years of age after the date of its delivery, whichever is earlier.

34. STATES REGULATION TERMS • Flag State • Nation where a vessel is registered. • Vessel is essentially granted nationality • Obligations and Responsibilities: • Regular Inspection of its own ships • Issuing of IOPP Certificates to its own ships • Safety regulation • Regulation of ship manning and crew competence • Setting the standards for ship construction, design, equipment, and seaworthiness

35. STATES REGULATION TERMS • Flag States and Classification • Most flag states are authorising classification societies to carry out inspections and issue certificates on their behalf on their fleet operating internationally • This is called Statutory Certification • Flag states authorise Classification Societies recognised by them • IMO has issued a Resolution with guidelines for such recognition

36. STATES REGULATION TERMS • Port State • Nation where a vessel intends to dock • Obligations and Responsibilities: • Boarding of ships and checking the status of certification • Physical inspection to verify that ships are complying with international conventions • Ensuring that adequate shore reception facilities are provided for the disposal of sludge, oily bilge water, and other residues,with specific requirements for ports and terminals where crude oil and other oils than crude are loaded. In case of serious deficiencies, ships may be detained until rectification has been carried out

37. STATES REGULATION TERMS • Coastal State • Nation within which a vessel passes through a territorial sea or Exclusive Economic Zone • Responsibilities and Environmental Rights in the Territorial Sea: • Enforcement of environmental protective rules decided by IMO • Prohibition of pollution discharges • Forcing foreign ships out of territorial sea in case of willful and serious pollution • Designation of protected areas • Designation of navigational routes

38. Implement MARPOL regulations on own ships FLAG STATE Implement MARPOL regulations in territorial waters COASTAL STATE Implement MARPOL regulations on ships docking at ports PORT STATE Ensure implemented standards being maintained SHIPOWNER THE MARPOL REGIMESumming Up

39. ANNEX I: OIL What will be regulated? • Discharge into the sea of oil or oily mixtures from oil tankers and ships.

40. ANNEX I: OIL Discharge Restrictions Bases of restriction and regulated: • the type of vessel (oil tanker or ship) • gross tonnage • route (while passing through special areas or a certain distance from the nearest land)

41. ANNEX I: OIL • Minimum Discharge For Oil Tankers: • The instantaneous rate of discharge of oil content does not exceed 30 liters per nautical mile. • The total quantity of oil discharged into the sea does not exceed 1/15,000 (for old tankers) or 1/30,000 (for new tankers) of total quantity of cargo. For Ships: • The oil content of effluent without dilution does not exceed 15 ppm. • The instantaneous rate of discharge of oil contentis the rate of discharge of oil in liters per hour at any instant divided by the speed of the ship in knots at the same instant.

42. OIL TANKERS: Discharge Limits Maximum Limit Faster, OK! Lower oil content, OK! NOT ALLOWABLE ZONE 750 600 Not allowed, too slow! Oil Content of Discharge (liter/hr) 450 300 ALLOWABLE ZONE 150 1 knot = 1 nm/hr 0 10 20 25 5 15 Ship Speed (knots) • If running slowly, then reduce oil content of discharge! • RULES: • If oil content is higher, then speed up!

43. OIL TANKERS: Discharge Limits DATA POINTS OLD Tankers 107 105 103 104 107 106 0.07 0.03 6.67 3.33 66.7 33.3 666.7 333.3 0.67 0.33 106 105 NEW Tankers 104 103 800 600 Total Oil Discharged (MT) NOT ALLOWABLE ZONE (Area above each curve) 400 100 0 Oil Cargo (MT)

44. ANNEX I: OIL • Discharge Exceptions Inside Special Areas (Red Sea, Arabian Gulf): Discharge of clean or segregated ballast or processed bilge water from machinery spaces only if: • The bilge water does not originate from cargo pump-room bilges. • The bilge water is not mixed with cargo oil residues. • The ship is proceeding en route. • The oil content of the effluent without dilution does not exceed 15 parts per million. • The ship has in operation oil filtering equipment.

45. ANNEX I: OIL • Discharge Exceptions Outside Special Areas on an international voyage: Discharge of clean or segregated ballast or unprocessed oily mixtures which without dilution have an oil content not exceeding 15 ppm and which do not originate from cargo pump-room bilges and are not mixed with cargo oil residues. In case of emergency or accident • Discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea. • Discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment. • Discharge of substances containing oil used for the purpose of combating pollution incidents to minimize the damage from pollution.

46. ANNEX II: NOXIOUS SUBSTANCES • Four Categories of Noxious Substances Less Harmful Discharge regulations in all areas

47. ANNEX II: NOXIOUS SUBSTANCES Discharge regulations with respect to Special Areas

48. ANNEX II: NOXIOUS SUBSTANCES Discharge regulations with respect to Special Areas… (cont.) • Chemical tankers shall have an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk • However, ships that have an International Certificate of Fitness for Carriage of Dangerous Chemicals in Bulk as per IBC Code, do not need such a certificate as they are deemed to comply under the IBC Code • Chemical tankers shall also have a Procedures and Arrangements (P&A) Manual and a Cargo Record Book

49. ANNEX III: HARMFUL SUBSTANCES • Harmful Substances carried in Packaged Form • Applies to all ships • A ship is subject to inspection where there are clear grounds for believing that the master or the crew are not familiar with essential shipboard procedures relating to the prevention of pollution by noxious liquid substances. • Steps should be taken to ensure that the ship shall not sail until the situation has been brought to order. • Identification of Annex III Substances • bio-accumulated to a significant extent and known to produce a hazard to aquatic life or to human health ; • bio-accumulated with attendant risk to aquatic organisms or to human health with a short retention of the order of one week or less; • liable to produce tainting of seafood; • highly toxic to aquatic life.

50. ANNEX IV: SEWAGE • applies to all ships ≥ 400 GRT carrying 14 persons or more