MARPOL Annex III and Amendment 37-14

to the IMDG code

The above regulations relate to preventing and minimising

the pollution of the marine environment by harmful
substances in packaged forms.

This article aims to provide guidance on the requirements

of MARPOL Annex III with reference to relevant IMDG
code text and its latest amendments. It also provides
information on liability and compensation for damage in
Akshat Arora
Marine Surveyor connection with the carriage of hazardous and noxious
+65 6506 2809 substances.
[email protected]

What is MARPOL Annex III? Unlike Annex II (bulk chemicals),

Annex III of MARPOL, which came into there are no pollution categories
force worldwide on 1 July 1992, aims in Annex III. Such categorisation is
to prevent or minimise pollution of made in the IMDG code, which must
the marine environment by harmful therefore also be considered when
substances in packaged forms. This consulting MARPOL Annex III.
includes freight containers, portable
tanks or road and rail tank wagons, The revised MARPOL Annex III
or other forms of containment regulations entered into force on 1
specified in the schedule for harmful January 2014 in order for changes
substances in the IMDG code. to the Annex to coincide with
the update of the IMDG code.
Annex III therefore sets out
requirements for the packing, marking, What is the IMDG code?
labelling, documentation, stowage, Dangerous goods that are carried
quantity limitations, exceptions in packaged form, in solid form or in
and notifications for preventing bulk are regulated by Part A of SOLAS
pollution by harmful substances. Chapter VII: carriage of dangerous
goods, also known as the IMDG code.
As defined under MARPOL Annex III
Regulation 1.1, ‘harmful substances’ are The IMDG code was initially adopted
those substances that are identified as in 1965 as a recommendatory
‘marine pollutants’ in the International instrument and got its mandatory
Maritime Dangerous Goods (IMDG) status under the umbrella of the
code or that meet the criteria in the SOLAS Convention (Chapter VII) from
appendix of the Annex. ‘Packaged form’ 1 January 2004. Since its introduction,
‘Harmful substances’ means is defined as ‘the forms of containment’ the code has undergone many
“those substances which are specified for harmful substances in the changes, both in format and content,
identified as marine pollutants IMDG code. Regulation 1(2) of Annex in order to keep up with the rapid
in the International Maritime III prohibits the carriage of harmful expansion of the shipping industry.
Dangerous Goods Code (IMDG substances except in accordance
code) or which meet the criteria with the provisions of Annex III. This
in the appendix of Annex III”. is also stated in the IMDG code.
‘Packaged form’ is defined as
“the forms of containment
specified for harmful substances
in the IMDG code”.

6 Standard Safety, February 2016

The latest amendment (37-14), Marine pollutants should be
which is mandatory from 1 January transported under the appropriate
2016, includes revisions to various entry according to their properties if
sections of the code and to transport they fall within the criteria of any of the
requirements for specific substances. classes 1 to 8. If they do not fall within
It was adopted by the IMO’s the criteria of any of these classes, they
Maritime Safety Committee (MSC) should be transported under the entry:
at its 93rd session in May 2014. ENVIRONMENTALLY HAZARDOUS
SUBSTANCE, SOLID, N.O.S., UN 3077
Classification and Identification of or ENVIRONMENTALLY HAZARDOUS
marine pollutants & environmentally SUBSTANCE, LIQUID, N.O.S., UN
hazardous substances (aquatic 3082, as appropriate, unless there
environment) is a specific entry in class 9.
Many substances, articles and
materials falling under IMDG Environmentally hazardous substances
classes 1 to 9 have the potential (aquatic environment) criteria are
to cause pollution to the marine based on the Globally Harmonized
environment, because they: System of Classification and Labelling
–– are hazardous to aquatic life of Chemicals (GHS) standards
(marine flora and fauna); established by the United Nations.
–– impair the taste of seafood; or These criteria are also listed in the
–– accumulate pollutants in appendix to Annex III of MARPOL
aquatic organisms. and classify the substances and
mixtures based on their acute and
The IMDG code establishes chronic toxicity to fish, crustaceans,
regulations for the transportation of and algae or other aquatic plants,
marine pollutants and environmentally bioaccumulation, and environmental
hazardous substances (aquatic degradation data and calculations.
environment) in Chapters 2.10
and 2.9.3, respectively. Marine
pollutants, based on the MARPOL
convention, are noted with the
letter ‘P’ in column 4 (headed with
MP) of the Dangerous Goods List.
However, the absence of the letter ‘P’
or the presence of a dash in column
4 does not preclude classification
of the material as a marine pollutant
when deemed necessary.

Standard Safety, February 2016 7

MARPOL Annex III and Amendment 37-14
to the IMDG code continued

Marking and labelling The labelling provisions of 5.2.2 apply in

Marine pollutants must be specially addition to any requirement for packages
Are environmentally hazardous packaged, labelled and stowed on to bear the marine pollutant mark.
substances (UN3077 & UN3082) board to prevent their release into
always a marine pollutant? the marine environment. Special The provisions of section 5.2.1.6.3 of
–– If a substance meets the labelling also enables pollutants IMDG code (Amendment 36-12) continue
provisions of section 2.9.3 to be identified and separated to apply until 31 December 2016.”
of the IMDG code, then it from other cargoes during salvage
is a marine pollutant. operations after an accident.
–– If a substance does not meet the Any packaged cargo transported at
provisions of section 2.9.3 of the The marking of packages, containers sea which poses a threat to people,
IMDG code, but is transported and tanks is required through other living organisms, property or
under UN3077 or UN3082 then Regulation 3 of MARPOL Annex III. the environment should be listed on
it is not a marine pollutant. Packages must be marked on one side, the manifest as “dangerous goods”
–– If a substance is identified as a intermediate bulk containers (IBCs) on and should display the appropriate
marine pollutant by the IMDG two opposing sides, and containers and hazard labels. Any packaged cargo
code but no longer meets the tanks on all four sides. The IMDG code that represents a threat to the
provisions of classification 37-14 has amended the requirement marine environment should also
as per section 2.9.3 of the of marine pollutant marking through display the “marine pollutant” label.
IMDG code, then it can be section 5.2.1.6.3 as follows:
transported as a non-marine
pollutant with the approval Marine Pollutant Mark Stowage
of a competent authority. According to MARPOL Annex III
–– Basel waste which does not Regulation 4, whenever a marine
meet any criteria of the IMDG pollutant is offered for transport by
code can also be transported sea, the document must mention the
under UN3077 or UN3082. words ‘marine pollutant’ after the
description of dangerous goods. This
can be supplemented with the words
‘environmentally hazardous’. Also, if
the cargo is under a generic or N.O.S.
(not otherwise specified) entry, then
M

n
io
in

the proper shipping name shall be

m ns
im 10

m e
um 0

0 im

supplemented with the technical name.

10 m d
di m
m
m

u
en

im
si

in
on

Every ship must have a special list,

manifest or stowage plan showing the
stowage location of marine pollutants
“The marking must be in the form of a loaded at each port. This must be
square set at an angle of 45° (diamond- revised at every load and discharge
shaped). The symbol (fish and tree) shall port. These two documents must be
be black on white or suitable contrasting handed to the person or organisation
background. The minimum dimensions designated by the port authority.
must be 100mm x 100mm and the
minimum width of line forming the
diamond shall be 2mm. If the size of the
package so requires, the dimensions/line
thickness may be reduced, provided the
marking remains clearly visible. Where
dimensions are not specified, all features
shall be in approximate proportion to
those shown.

8 Standard Safety, February 2016

 To prevent containers falling into Marine pollution caused by an HNS
the sea, carriers loading marine differs from oil pollution in that it
An HNS is defined as “any substance pollutant packages or containers/ could have a range of consequences.
other than oil which, if introduced tanks containing marine pollutants Even low doses of HNSs can have
into the marine environment, is normally prefer under-deck stowage, sublethal effects on marine organisms,
likely to create hazards to human when permitted, or will stow only on producing impairments that may be
health, to harm living resources well-protected decks or inboard in detrimental to individual organisms,
and marine life, to damage sheltered areas of exposed decks species, populations or marine
amenities or to interfere with (Regulation 5 – MARPOL Annex III). communities over the longer term.
other legitimate uses of the sea”.
The IMDG code 37-14 gives relaxation It is the physical characteristics of
from many requirements when the HNS, once it is released into the
marine pollutants that do not have environment, which determines
the properties of any other classes whether the substance’s flammable,
are packaged in single or combination reactive, toxic, explosive, corrosive
packaging containing a net quantity properties will have an impact.
per single or inner packaging of 5 Some materials behave in a similar
litres or less for liquids, or having way to oil spills (not least because a
a net mass per single or inner number are derived from petroleum
packaging of 5 kg or less for solids. products), but others react differently,
such as forming gases, evaporating
Hazardous and noxious substances into the atmosphere, dissolving
Noxious liquid substances (MARPOL into sea water, igniting, etc.
Annex II) and harmful substances
carried by sea in packaged form Liability and compensation for
(MARPOL Annex III) also fall under incidents involving chemical
the definition of a ‘hazardous and pollution are covered by the HNS
noxious substance’ (HNS). Issues Convention 2010, which at the time
related to the preparedness for and of writing is yet to enter into force.
response to incidents of chemical
pollution are covered by the IMO
OPRC-HNS Protocol 2000.

An HNS is defined as “any substance

other than oil which, if introduced into
the marine environment, is likely to
create hazards to human health, to
harm living resources and marine life,
to damage amenities or to interfere
with other legitimate uses of the sea”.

HNSs could be accidentally released

into the sea in a number of ways, such
as containers falling overboard during
severe weather or rough seas, or due
to inadequately secured cargo.

Standard Safety, February 2016 9

MARPOL Annex III and Amendment 37-14
to the IMDG code continued

Summary –– If any marine pollutant (as per

–– Ships carrying dangerous goods IMDG) leaks from a container
in packaged form need, according into the hold bilges or on deck,
to SOLAS II-2/19 and VII, a it must be collected, taking due
document of compliance issued precautions as per Emergency
by the flag state administration. Schedule (EMS), and disposed of
This document of compliance ashore. Accidental loss overboard
states the dangerous goods that of containers must be notified to
the ship is certified to carry. the shore authorities, including the
–– The pollution caused by container nature of the contents, especially
ships could be as a result of loss if they are a marine pollutant.
of harmful packaged goods –– Jettisoning of harmful substances
overboard (marine pollutants) or is prohibited except when it is
from hold bilges contaminated needed to secure the safety of life
with cargo/oil seepage. on board vessels or for securing
–– Hold bilges must be sounded the safety of the vessel.
daily to check if any oil or cargo
effluent exists. If the vessel is in
port, bilges should be transferred
to the bilge holding tank (where
fitted). Pumping out of bilges must
only be done after checking and
verifying the uncontaminated
water and in accordance with
MARPOL requirements.

10 Standard Safety, February 2016