Pollution Prevention, Response and Compensation - Prevention of Pollution of the Marine Environment from Vessels - page 47

introduced a system to control discharge which depends on certain thresholds, such
as: distance from land; nature and concentration of effluent; and depth of the sea at
the place of discharge. Discharge of NLS is totally prohibited within 12 miles of the
nearest land. 36 The Annex also stipulates obligations for necessary reception
facilities for NLS. 37 Ships are also required carry the International Pollution
Prevention Certificate for Noxious Liquid Substances Carried in Bulk and Ship-
board marine pollution emergency plan for Noxious Liquid Substances. 38

3.3 Dangerous Goods, Sewage and Garbage

Annex-III 39 is dedicated to the prevention of pollution by harmful substances in
packaged form. It defines “harmful substances” as “those substances which are
identified as marine pollutants in the International Maritime Dangerous Goods
Code (IMDG Code) or which meet the criteria in the Appendix of this Annex”. 40
The Annex elaborates on: common requirements and standards on packing 41 ;
marking and labelling 42 ; documentation 43 ; stowage 44 ; quantity limitations 45 ; and
port State control on operational requirements for preventing pollution by harmful
substances. 46 This Annex prohibits jettisoning of harmful substances, except where
necessary for the purpose of securing the safety of the ship or saving life at sea. 47
Annex-IV of the Convention details the requirements for the prevention of
pollution by sewage from ships. Applicable to ships of 400 gross tonnage and
above or ships certified to carry more than 15 passengers, 48 this Annex requires
vessels to have one of the following three systems: a sewage treatment plant; a
sewage commuting and disinfecting system for the temporary storage of sewage
when the ship is less than three nautical miles from the nearest land; or a holding

36 MARPOL 73/78, Annex II, reg. 13.
37 MARPOL 73/78, Annex II, reg. 18.
38 MARPOL 73/78, Annex II, regulations 9 and 18.
39 This annex is revised in 2006 and replaced with a new one. Resolution MEPC.156(55), Report
Of The Marine Environment Protection Committee On Its Fifty-Fifth Session, Annex 13, IMO
Doc. MEPC 55/23 (16 October 2006).
40

MARPOL 73/78, Annex III, reg. 1.

41

MARPOL 73/78, Annex III, reg. 2.

42

MARPOL 73/78, Annex III, reg. 3.
43 MARPOL 73/78, Annex III, reg. 4.
44 MARPOL 73/78, Annex III, reg. 5.
45 MARPOL 73/78, Annex III, reg. 6.
46 MARPOL 73/78, Annex III, reg. 8.
47 MARPOL 73/78, Annex III, reg. 7.
48 MARPOL 73/78, Annex IV, reg. 2.