Update on implementation of MARPOL Annex I Regulation 13G as amended and new Regulation 13H – entry into force 5 April 2005.

As mentioned in Weekly NEWS No. 06 of 11 February 2005, an increasing number of members continue to request clarification on how the various provisions of Regulation 13G (phase-out of single hull tankers) as amended and new Regulation 13H (carriage of heavy grade oils in oil tankers) of MARPOL Annex I (Regulations for the prevention of pollution by oil) will be enforced from the 5 April 2005 entry into force. 

These two regulations have provisions which stipulate that Maritime Administrations may grant extensions to the trading life of some single hull tankers and tankers with double sides or double bottoms flying their flag, depending on the ship's design, condition and trade. These two regulations also give Port States the right to deny entry to tankers which have been given such extensions. 

Both FlagStates and PortStates were requested to inform IMO on their policy with regard to application of these two regulations. Unfortunately only a few Governments have done so. INTERTANKO is keeping a record of this information which can be seen at http://www.intertanko.com/technical/issue.asp?topic_id=505 

The understanding in this confusing situation is that the burden is on the PortState to notify IMO if it intends to deny entry into its port to tankers that have been granted extensions by the FlagState. If a PortState does NOT submit a notification to IMO under the provisions of paragraph 8 of both or either regulation, it means that ships that have been granted an extension by the FlagState would be technically (and perhaps legally) "allowed" by the PortState to enter its ports. It is INTERTANKO’s understanding that if any Party to MARPOL (i.e. Port State) is looking for guidance on the application of this rule from the IMO Secretariat, they would be guided as indicated above, i.e. no notification, no denial of entry. 

In any case, members should note that for their single hull tankers the IOPP Certificate might need to be amended by adding a new entry as required by amended Regulation 13G or by Regulation 13H, as appropriate. The entry in the IOPP Certificate, if needed, should be inserted before 5 April 2005. A Statement of Compliance with the new inspection regime for single hull tankers - Condition Assessment Scheme (CAS) – is required in conjunction with the ship’s (single hull tanker 15 years of age and above) first scheduled renewal or intermediate survey after 5 April 2005. 

Contact: Dragos Rauta