IMO and the Polar Code

Figure 1. Limitations of the Polar Code, as stated by the WWF (WWF Arctic Programme, 2022).

Mauro Plak
S4472918
m.m.plak@student.rug.nl
Word count: 1000

Introduction: The IMO

The International Maritime Organization (IMO) is a specialized agency of the United Nations
that is responsible for measures to improve the safety and security of international shipping and
prevent – or at least greatly reduce – marine pollution from ships. The IMO sets standards for this
safety and security of international shipping. It oversees every aspect of worldwide shipping
regulations, including legal issues, shipbuilding, and cargo size (Ancheta 2022). The IMO’s governing
body, the Assembly, meets every two years, with the first meeting in 1959. The IMO is not
responsible for enforcing its policies. However, when a government accepts a policy produced by the
IMO, that policy becomes a national law that is the government's responsibility to enforce. Funding
for the IMO comes from contributions by member states, as well as voluntary donations and
commercial activities (loc. cit.).
175 states are members of the IMO, accounting for most of the membership of the United
Nations. In addition, there are three associate members that are not considered states: Hong Kong,
Macao and the Faroe Islands. In addition, the IMO regularly interacts with non-governmental
organizations (NGOs) and intergovernmental organizations on maritime policy (loc. cit).
This paper will look into the Polar Code introduced by the IMO and the gaps in the
requirements and regulations as researched and stated by the WWF.
The Polar Code
The International Code for Ships Operating in Polar Waters, or Polar Code, entered into force
on 1 January 2017. It’s mandatory under both the International Convention for the Safety of Life at
Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL).
The Polar Code covers the full range of design, construction, equipment, operational, training, search
and rescue and environmental protection matters relevant to all ships operating in the waters
surrounding both the Arctic and Antarctic. The Polar Code entered into force on 1 January 2017
(International Maritime Organization, n.d.a).
The Polar Code introduced a lot of new regulations and rules. For example, the Code will
require ships intending to operate in the waters of the Antarctic and Arctic to apply for a Polar Ship
Certificate, which would classify the vessels to a certain category. There are Category A ships - ships
designed for operation in polar waters at least in medium first-year ice, which may include old ice
inclusions; Category B ships - a ship not included in category A, designed for operation in polar
waters in at least thin first-year ice, which may include old ice inclusions; or Category C ships - a ship
designed to operate in open water or in ice conditions less severe than those included in Categories
A and B (loc. cit.). This classification system is meant to ensure the survival of the ship and crew, thus
not risking environmental pollution from ship wreckage.

Figure 2. Infographic showcasing how the Polar Code ensures environmental protection
(International Maritime Organization, n.d.b).
As stated above, the Polar Code also ensures environmental protection. It does this in a
variety of ways, ranging from sewage disposal regulations to minimizing the introduction of invasive
aquatic species (International Maritime Organization, n.d.b). For example, sewage discharge is
permitted if the ship has an approved sewage treatment plant and discharges treated sewage as far
as practicable from the nearest land, any fast ice, ice shelf or areas of specified ice concentration (loc.
cit.). Sewage not comminuted or disinfected can be discharged at a distance of more than 12nm
(nautical miles) from any ice shelf or fast ice (loc. cit.).
It also has strict regulations on the use and transportation of oils. Discharge into the sea of oil
or oily mixtures from any ship is prohibited. Under MARPOL, heavy oils were already banned in the
Antarctic. The Polar Code encourages not to use or carry heavy fuel oil in the Arctic – with a full ban
adopted since 2021 (Prior 2022, 6) – and a double hull and double bottom are required for all oil
tankers (International Maritime Organization, n.d.b).

Discussion and conclusion: Gaps in the Code

Even though a lot of measurements have been taken to ensure the prevention or lessening of
environmental damage related to Polar shipping, there are still some gaps in the Code. These gaps
were perceived as a result of a study done by Dr. Sian Prior, which was commissioned by the WWF
and published in March 2022.
One of the biggest issues is that the Polar Code doesn’t say or state anything about spill
preparedness and response (Prior 2022, 16). The Arctic ban on the use and carriage of heavy fuel oil
as fuel was adopted in 2021, but it won’t be fully effective till 2029 (op. cit., 17). This means that a
major environmental and ecological disaster could happen if a shipwreck would happen in the time
before 2029. There are of course cooperations – like Shell – who have rules and scenario trainings of
their own when a spill happens (Loonen 2022), but this isn’t mandatory under the Code (Prior 2022,
16).
Although the Code talks extensively about sewage treatment and discharge, it doesn’t say
anything about grey water (Prior 2022, 16). This is the water collected from showers, wash basins
and laundries and as a result do contain some pollutants (Marine Environment Protection
Committee, n.d). Since there are no regulations on this matter, it can be discharged freely into Polar
waters without any consequences (Prior 2022, 16). This can cause for example microplastics to get
into the oceans (Marine Environment Protection Committee, n.d), but also all sorts of bacteria and
dissolved solids.
A related problem is untreated sewage. As stated earlier, sewage not comminuted or
disinfected can be discharged at a distance of more than 12nm from any ice shelf or fast ice
(International Maritime Organization, n.d.b). This will result in raw, untreated sewage being
discharged directly into the feeding grounds of marine wildlife (Prior 2022, 16). This can of course
spread disease and other pollutants into their habitat and they can accumulate in their bodies.
To conclude, it is widely recognized that the Polar Code is important for the environmental
protection in the Polar areas in multiple ways. However, there are still some shortcomings in this
tightly interwoven code. Reports and studies like those from the WWF can help organizations such as
the IMO to further improve their regulations in respect to the Arctic and Antarctic, thus protecting
these unique environments better and more sufficient while still allowing (necessary) human activity
to go on.

Bibliography
- Ancheta, A., 2022. International Maritime Organization (IMO): Definition and purpose.
Investopedia.
- International Maritime Organization, n.d.a. International Code for Ships Operating in Polar
Waters (Polar Code). International Maritime Organization.
- International Maritime Organization, n.d.b. How the Polar Code protects the Environment.
International Maritime Organization.
- Marine Environment Protection Committee, n.d. Report of the Marine Environment
Protection Committee on its seventy-second Session. International Maritime Organization.
- Loonen, 2022. Arctic Oil and Gas. Unpublished presentation.
- Prior, S., 2022. Review of Perceived Gaps and Challenges in the Implementation of the Polar
Code. WWF Arctic Programme.