Pollution Prevention, Response and Compensation - Prevention of Pollution of the Marine Environment from Vessels - page 45

IMO to change its tack in this regard. The OPA requires, by the year 2015, double-
hull for all USA-flagged tankers and all tankers which call to the US ports. In 1992,
an amendment to the MARPOL Annex-I was adopted, requiring double-hull for all
new tankers of 5,000 DWT. Existing tankers of 20,000 DWT and product carriers
of 30,000 DWT built in the pre-MARPOL era must be fitted with double-hull not
later than 25 years after their delivery. All tankers built in compliance with 1978
MARPOL protocol will be exempted from the double-hull requirement until they
attain 30 years of age. 25
Intensity surrounding the double-hull issue resurfaced again in 1999 when the
single-hulled oil tanker Erika spilled a huge amount of oil near the France coast.
This time, IMO received a threat of unilateralism from the other side of the Atlantic
which prompted the 2001 amendment of the MARPOL 73/78 Convention. This
amendment requires that most single-hull tankers have to be phased-out by the year
2015 and all new tankers built since 1996 have to be fitted with double-hulls. All
pre-MARPOL single-hull tankers of 20,000 GWT (Category-1) have to be phased
out by 2007; while all post-MARPOL single-hull oil tankers of 20,000 GWT
(Category-2) all single-hull oil tankers of above 5,000 GWT but below 20,000
GWT (Category-3) have to be phased-out by 2015. 26
2002 saw another incident occur when a Bahamas-flagged tanker, Prestige ,
spilled huge amounts of oil in coastal areas off Spain. Subsequently, the
European Union successfully pressured IMO to accelerate the phasing-out of
single-hull oil tankers. In 2003, an amendment to the MARPOL Annex-I was
adopted requiring the phasing-out of

Category 1 single hull tankers by 2005

' '

single hull tankers by 2010. 27 Table 3.1 outlines
the revised dates for the phasing-out of single-hull oil tankers.
For proper implementation of these provisions, Annex-I introduced a system of
certification, survey and monitoring. A ship or tanker has to carry certain certifi-
cates and records, including the International Oil Pollution Prevention Certificate
and Oil Record Topic. 28
Finally, the parties to the Convention undertake to ensure there are reception
facilities for oily wastes in loading ports, ship repair yards and bunkering ports. 29
This obligation has been drafted in a way that may give the impression that
providing reception facilities is not mandatory. However, another regulation in

and, Category 2 and Category-3

' ' ' '

25

IMO ( 1994 ); See also Tan ( 2006 ), pp. 131-147 and Mattson ( 2006 ), p. 188.

26

Tan ( 2006 ), pp. 147-150 and Mattson ( 2006 ), pp. 188 and 189.

27

MARPOL 73/78, Annex I, Regulation 20, and Tan ( 2006 ), pp. 150-155. See also:
Galiano ( 2003 ).
28 Some other certificates and documents introduced by this annex are: Shipboard Oil Pollution
Emergency Plan, Record of Oil Discharge Monitoring and Control System for the Last Ballast
Voyage, Dedicated Clean Ballast Tank Operation Manual, Crude Oil Washing Operation and
Equipment Manual (COW Manual), Condition Assessment Scheme (CAS) Statement of Compli-
ance, CAS Final Review and Record, Heuristically Balanced Loading (HBL), Operational Man-
ual, Oil Discharge Monitoring and Control (ODEMCE) Operational Manual, and Subdivision and
Stability Information.