E

MARINE ENVIRONMENT PROTECTION MEPC 76/3/9

COMMITTEE 21 April 2021
76th session Original: ENGLISH
Agenda item 3 Pre-session public release: ☒

CONSIDERATION AND ADOPTION OF AMENDMENTS TO MANDATORY

INSTRUMENTS

Draft amendments to MARPOL Annex VI

Submitted by the Institute of Marine Engineering, Science and Technology (IMarEST)

SUMMARY

Executive summary: As instructed by MEPC 75, the Secretariat has prepared a

consolidated text of MARPOL Annex VI. In the existing text of
paragraph 6 of regulation 13, the terminology used to describe two
of the defined areas is not correct, and this document provides
comments and suggests revised terminology. In addition, given the
difficulties associated with the running of virtual meetings of the
Committee and also the drafting group that is expected to be
established at MEPC 76, a number of identified editorial points are
also highlighted in order to facilitate consideration.
Strategic direction, 6
if applicable:

Output: 6.1

Action to be taken: Paragraph 9

Related documents: MEPC 76/3; MEPC 71/3/1; MEPC 73/3/1 and MEPC 73/19

Introduction

1 This document provides comments on document MEPC 76/3 and has been submitted
in accordance with the provisions of paragraph 6.12.5 of the document on Organization and
method of work of the Maritime Safety Committee and the Marine Environment Protection
Committee and their subsidiary bodies (MSC-MEPC.1/Circ.5/Rev.2).

2 As indicated in document MEPC 76/3, MEPC 75 instructed the Secretariat to prepare

a consolidated draft text of MARPOL Annex VI, incorporating all previous amendments, in
addition to the specific amendments approved at that session. This document provides
comments on the draft text of the consolidated MARPOL Annex VI as set out in annex 1 to
document MEPC 76/3.

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Discussion

3 At MEPC 71, the Committee considered draft amendments to regulation 13 of

MARPOL Annex VI. IMarEST had proposed a number of structural and editorial proposals at
that session, as contained in document MEPC 71/3/1. Those proposals were generally agreed
with the exception of the exact wording for the Baltic Sea and the North Sea Emission Control
Areas (ECAs), as included in paragraph 6 of that regulation, as adopted.

4 At MEPC 73, the Committee considered draft amendments to regulation 14 of

MARPOL Annex VI that, in part, had the same structural issues in paragraph 3 of that
regulation, as had been previously identified in respect of regulation 13. Consequently,
IMarEST submitted a corresponding editorial proposal in document MEPC 73/3/1, but based
on the wording of the amendments as adopted by MEPC 71 in respect of regulation 13.

5 However, in considering the IMarEST proposal, the drafting group at MEPC 73

recognized that the wording in relation to the Baltic Sea and the North Sea Emission Control
Areas, as applied at MEPC 71 in respect of regulation 13, was not appropriate. The issue being
that, whereas the areas specified in Appendix VII of MARPOL Annex VI are those of the
respective ECAs, the defintions as given by the cross-references to regulation 1.11.2 of
MARPOL Annex I and regulation 1.14.6 of MARPOL Annex V are of the respective sea areas.

6 The amendments to regulation 14, as adopted at that session, therefore reflected that
fact. However, since regulation 13, together with further points as identified with regard to other
aspects of regulation 14, were not within the scope of the amendments being considered at
that time, those issues were instead noted by the Committee (MEPC 73/19, paragraph 3.17).
Hence, currently regulations 13.6.3 and 13.6.4 and regulations 14.3.1 and 14.3.2, although
covering the same points, are worded differently.

7 Consquently, given the opportunity now afforded by the consolidation of the text of
MARPOL Annex VI, it is suggested that the Committee may, at this time wish to also correct
those identified errors in paragraph 6 of regulation 13. Proposed amendments to the text is
provided in the annex to this document.

8 Additionally, in further reviewing the consolidated text, a number of additional editorial

points are provided in the annex to this document to further improve the consolidated text. It is
noted that, while these are in respect of annex 1 to MEPC 76/3, some of these also relate to
the draft amendments as set out in annex 2 to that document.

Action requested of the Committee

9 The Committee is invited to consider the proposals set out in paragraphs 6 to 8

proposing editorial improvements and amendments to the consolidated text of MARPOL
Annex VI as contained in document MEPC 76/3 and to take action as appropriate.

***

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Annex, page 1

ANNEX

1 Paragraph 6 of regulation 13:

ʺ.3 the Baltic Sea Emission Control Area area as defined in regulation 1.11.2 of
Annex I of the present Convention; and

.4 the North Sea Emission Control Area area as defined in regulation 1.14.6 of
Annex V of the present Convention.ʺ

2 Updating of cross-references to the revised regulation 2:

.1 Appendix VI – chapeau, second paragraph:

"This appendix refers to the following representative MARPOL Annex VI fuel oil
samples:

Part 1 – sample of fuel oil delivered in accordance with regulation 18.8.1, hereafter
referred to as the "MARPOL delivered sample" as defined in regulation 2.54 2.1.22.

Part 2 – sample of fuel oil in use, intended to be used or carried for use on board in
accordance with regulation 14.8, hereafter referred to as the "in-use sample" as defined
in regulation 2.55 2.1.16 and "onboard sample" as defined in regulation 2.56 2.1.24."

3 Inconsistencies in model forms of Certificates:

.1 Chapeaux:

.1 Appendix I (IAPPC) and Appendix XI (UNSPC) – refers to ʹfull

designation of the countryʹ;

.2 Appendix VIII (IEEC) and Appendix X (SoCFO) – refers to ʹfull

designation of the Partyʹ; and

.3 Appendix VIII (IEEC), Appendix X (IEEC) and Appendix XI

(UNSPC) – omit the term ",as amended," when referring the 1997
Protocol which is applied in Appendix I (IAPPC).

.2 IMO Number footnotes cross reference to Assembly resolution:

.1 In Appendix I (IAPPC) the cross reference is given as A.1078(28)

whereas in Appendix VII (IEEC), Appendix X (SoCFO) and
Appendix XI (UNSPC) that is A.1117(30).

4 Editorial observations:

.1 in footnote 19, the Ce formula needs to be correctly arranged with the term
"Cost of approved method • 106" as the numerator;

.2 in Appendix I (IAPPC), on the first Endorsement page, the superscript

applied to the second and third references to "annual/intermediate survey"
should correspond with that applied to the first reference;

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.3 in Appendix I (IAPPC) supplement 1.4, the symbol should be an italic

capital (L) as in regulation 13.5.3 to which this entry is linked and elsewhere
in the Annex a capital L is used to indicate litres; and

.4 in Appendix I (IAPPC) supplement 2.4.2.2 requires an approval reference to

be entered instead of the current tick-box.

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