THE POLAR CODE

Development of an international code of safety for ships operating in polar waters

(The Polar Code)
The two poles have always been a matter of concern to IMO and many relevant requirements,
provisions and recommendations have been developed over the years for the safety of the ships
operating in harsh, remote and vulnerable polar areas. Ships operating in the Arctic and Antarctic
environments are exposed to a number of unique risks and, over the coming years, polar shipping will
grow in volume and diversify in nature.

Because of the current guidelines, Guidelines for Ships Operating in Polar Waters (Resolution A.
1024(26)), are recommendatory and the polar shipping is growing, a move towards a mandatory code
seemed to be necessary. In November 2014, IMO adopted the International Code for Ships Operating
in Polar Waters (Polar Code), and related amendments to the International Convention for the Safety
of Life at Sea (SOLAS) to make it mandatory.

The Polar Code is expected to be entered into force of the SOLAS amendments on 1 January 2017. It
will apply to new ships constructed after that date. Ships constructed before 1 January 2017 will be
required to meet the relevant requirements of the Polar Code.

Mandatory
The Polar Code will contain both safety and environmental related provisions and will be mandatory
under both SOLAS and the International Convention for the Prevention of the Pollution from Ships
(MARPOL). IMO's Marine Environmental Protection Committee (MEPC) is expected to adopt the
Code and associated MARPOL amendments at its next session in May 2015. The entry-into-force
date will be aligned with the SOLAS amendments.

Scope
The draft Polar Code covers the full range of design, construction, equipment, operational, training,
search and rescue as well as environmental protection matters relevant to ships operating in the
inhospitable waters surrounding the two poles. It also includes mandatory measures covering safety
part (Part I-A) and pollution prevention (Part II-A) and recommendatory provisions for both parts (Part
I-B and II-B).

The Polar Code is intended to cover the full range of shipping-related matters relevant to navigation in
waters surrounding the two poles, ship design, construction and equipment, operational and training
concerns, search and rescue, and, equally important, the protection of the unique environment and
eco-systems of the polar regions.

Certificate and classification

For ships intending to operate in the defined waters of the Antarctic and Arctic, it is required by The
Code to apply for a Polar Ship Certificate, which would classify the vessel into specific categories.
Category A ship a ship designed for operation in polar waters at least in medium first-year ice;
Category B ship a ship not included in category A, designed for operation in polar waters in at least
thin first-year ice; or Category C ship a ship designed for operation in open waters or in ice conditions
less severe than those included in Categories A and B.
The issuance of a certificate would require an assessment which would include information on
identified operational limitations and plans or procedures or additional safety equipment necessary to
mitigate incidents with potential safety or environmental consequences. A Polar Water Operational
Manual is also needed on board the ship to provide the owner, operator, master and crew with
sufficient information regarding the ship's operational capabilities and limitations in order to support
their decision-making process.

Criticism
The Polar Code is a positive step forward towards mandatory rules for management of shipping in the
Arctic and Antarctic polar waters. In the Arctic waters, some have criticized the Polar Code in failing to
address the need to phase out the use of heavy fuel oil, which has been identified as the highest risk
posed by shipping. The heavy fuel oil has already been banned in Antarctica for this reason.

Moreover, a major concern remains due to the fact that non-ice strengthened ships will still be allowed
to operate in ice-covered waters, even though the Polar Code will contain regulations requiring that
ship operators limit the entry into ice according to the ability of their ship to resist ice pressure.

Finally, there is a concern regarding the wildlife. The Polar Code includes requirements for ships to
avoid marine mammals (e.g. whales and walruses), but it seems that not all wildlife is to be included
as it fails to consider seabird colonies.

Ship noise, which disturbs wildlife, has not yet been addressed either by the draft regulations,
although starting in 2017, ships will be required to plan their routes accounting for marine mammal
habitat.

Russia has protested against the environmental measures that bans both garbage dumping and oily
discharges from ships in polar waters. Russia had sought an exemption for oily discharges for some
of its ships on domestic routes in the Arctic, specifically, ships operating in ice that would remain at
sea for extended periods.

We will keep monitoring the developments regarding arctic shipping, but if any of our members have
any special queries in this regard, we will gladly assist.