Revised regulations to prevent marine pollution by ships carrying oil or chemicals were adopted by the Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO), when it met for its 52nd session from 11-15 October 2004. For details visit:  http://www.imo.org/home.asp

As per the Draft Martime Policy of Government of India, dated 9 August 2004, pending International Maritime Organization (IMO) conventions** will be taken up for scrutiny and ratified, if required, with consequential updation of national laws.

International Maritime Organization (IMO) is the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine pollution by ships.

MARPOL* (International Convention for the Prevention of Pollution from Ships, 1973/1978) contains requirements to prevent pollution that may be caused both accidentally and in the course of routine operations.

MARPOL concerns the prevention of pollution from oil, bulk chemicals, dangerous goods, sewage, garbage and atmospheric pollution, and includes provisions such as those which require certain oil tankers to have double hulls.

The Indian Merchant Shipping Act, 1958, gives effect to the International Convention for the prevention of pollution of the sea by oil, 1954, as amended in 1962.

The problem of Prevention of such oil pollution is tackled by International Convention, Merchant Shipping Act, 1958 and M.S. (Prevention of Pollution of the Sea by Oil) Rules, 1974. These rules are applicable to all tankers of 150 tons gross or more and all other ships of 400 tons gross or more. The rules specify the limits of the prohibited zones, the equipment to be carried on board the ship and general precautions to be taken for prevention of leakage and accidental discharges as well as precautions to be taken while loading, transferring and unloading oil by tankers. The rules also require all vessels to maintain oil records book to indicate any operations carried out on board with respect to oil.

As regards mitigation, containment/control, removal or combat of oil spillage, whether accidental or otherwise, a Contingency Plan of action is prepared so that in the event of any spillage whether accidental or otherwise, the same can be dealt with. The plan envisages overall co-ordination by the D.G. as Central Co-ordinating Authority with the local co-ordination/control being exercised by the authorities in the major ports. As regards Local Action Groups, they shall be required to have the attendant infrastructure ready to meet the emergent situation expeditiously effectively and successfully..

The authorities in the major ports viz. Kandla, Mumbai, JNPT, Goa, Mangalore, Cochin, Chennai. Tuticorin, Vishakapatnam, Paradip and Calcutta, shall form and co-ordinate the Local Action Group. It is expected that the local action group depending on the quantum of oil pollution that they may have to deal with, shall equip their organization with dispersants, dispersants spraying equipment, crafts, skimmers, off-shore books and other such material required for the purpose. All major ports have been notified to have oil reception facilities as required by the Convention.

As per the draft policy, shipping activities will be included under the relevant provisions of ‘The Territorial Waters Continental Shelf, Exclusive Economic Zone (EEZ), other Maritime Zones Act, 1976’ so that consequential benefits are also available to this Sector. Since the notifications are issued under this Act, relevant provisions from maritime legislation especially Act will be included in such notifications to promote Indian shipping and to regulate foreign-owned shipping in EEZ of India.

Admiralty Act of India will be enacted keeping in mind the recommendations of Law Commission of India and requirements of the Shipping sector which will free it from colonial laws.

Bilateral/and Multilateral Maritime agreements with other countries would be improved upon for safeguarding and promoting Indian Maritime Interests.

Particularly Sensitive Sea Areas (PSSA) will be identified along the coasts of India, with special attention to the eastern coast and around Andaman & Nicobar and Lakshadweep Islands keeping in view the necessity to protect the natural habitat and environment.

Ship-Breaking and Ship-Recycling activity, which is a labour intensive industry will be further encouraged keeping in view its employment potential and without compromising on environmental concerns.

Shipping Wing in the Department of Shipping is the Nodal Authority for Maritimes Laws.




*Annexes I and II are an integral part of MARPOL 73/78: all States Parties to MARPOL 73/78 are also parties to Annexes I and II. Annexes III, IV, V and VI are optional Anexes. At the moment of accepting the Convention, States can declare that they do not accept any number of these Annexes.



**Principal regulations governing maritime safety:

The following are the major international shipping conventions, adopted by the International Maritime Organization (and the International Labour Organization) concerning safety and pollution prevention. However, many other maritime instruments concerning more specific issues are also in force worldwide.


Dealing with the ship

SOLAS (International Convention for the Safety of Life at Sea, 1974) lays down a comprehensive range of minimum standards for the safe construction of ships and the basic safety equipment (e.g. fire protection, navigation, lifesaving and radio) to be carried on board. SOLAS also requires regular ship surveys and the issue by flag states of certificates of compliance.

COLREG (Convention on the International Regulations for Preventing Collisions at Sea, 1972) lays down the basic "rules of the road", such as rights of way and actions to avoid collisions.

LOADLINE (International Convention on Loadlines, 1966) sets the minimum permissible free board, according to the season of the year and the ship's trading pattern.

ISPS (The International Ship and Port Facility Security Code, 2002) includes mandatory requirements to ensure ships and port facilities are secure at all stages during a voyage.

Dealing with the Shipping Company

ISM (The International Safety Management Code, 1993) effectively requires shipping companies to have a licence to operate. Companies and their ships must undergo regular audits to ensure that a safety management system is in place, including adequate procedures and lines of communication between ships and their managers ashore.


Dealing with the Seafarer

STCW (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978/1995) establishes uniform standards of competence for seafarers.

ILO 147 (The ILO Merchant Shipping (Minimum Standards) Convention, 1976) requires national administrations to have effective legislation on labour issues such as hours of work, medical fitness and seafarers' working conditions.

Source:  http://www.marisec.org/shippingfacts/safenregconventions.htm