MARPOL Convention
An IMO convention of 1973, amended in 1978 and in force since 1983, that bans or regulates ship discharges in six annexes: oil, noxious substances, packaged goods, sewage, garbage, air pollution.
A tanker washes its tanks at sea and discharges oil residues: the port State prosecutes, the master is convicted, the shipowner pays a fine. The rule it is accused of breaking is in MARPOL. The International Convention for the Prevention of Pollution from Ships was adopted by the International Maritime Organization in 1973, completed by a protocol in 1978 after a series of tanker accidents, and in force since October 2, 1983. It has six annexes: oil (Annex I, with double hulls and separation systems), noxious liquid substances in bulk, harmful substances in packaged form, sewage, garbage, and air pollution (Annex VI, in force since May 19, 2005), which is where the sulfur and nitrogen oxide limits come from. Party States apply the convention to their ships and to foreign ships in their ports. For the insurer, it matters in three ways. A MARPOL violation often leads to a criminal fine, which many policies do not insure and which P&I clubs reimburse only under conditions. Cleanup costs of an accidental discharge are covered by P&I, within the limits of the liability conventions. And a ship in chronic violation is one a hull underwriter looks at closely.
Textbook case. Bulk carrier discharging oily bilge water at sea bypassing the separator, found in a port State control inspection. Fine of USD 2M for the owner, 18 months' suspended prison sentence for the chief engineer. The P&I club reviews its cover: the fine for intentional crew misconduct, known to the owner, is not reimbursed; the crew's defense costs are, within a set limit. The hull underwriter takes the ship off its targets at the next renewal.
MARPOL, MARPOL 73/78, MARPOL Convention, International Convention for the Prevention of Pollution from Ships, MARPOL Annex VI
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