Singapore Accedes To Annex V Of The International Convention For The Prevention Of Pollution From Ships, 1973, As Modified By The Protocol Of 1978 (Marpol 73/78)
Singapore has become a party to Annex V of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78). The Instrument of Accession to Annex V of MARPOL 73/78 was deposited with the International Maritime Organisation (IMO), which is the depository for the Convention, on 27 May 1999. Annex V will enter into force for Singapore on 27 August 1999.
MARPOL 73/78 is a key international treaty adopted by the IMO for the prevention of pollution from ships. Annex V of MARPOL 73/78 contains regulations pertaining to the prevention of pollution by garbage. Garbage refers to all kinds of victual, domestic and operational waste, excluding fish and parts thereof, that are generated during the normal operation of the ship. Under Annex V, the discharge of plastic into the sea is prohibited while the discharge of other materials including dunnage, food wastes and rags is restricted.
In addition, every ship of 12 metres or more in length overall must display placards which notify the crew and passengers of the disposal requirements. Every ship of 400 gross tonnage and above, and every ship carrying 15 persons or more, must carry a garbage management plan, which the crew should follow. The ship is also required to have a garbage record book if it is engaged in voyages to foreign ports. The Government of each party to the Annex is required to ensure the provision of facilities at its ports and terminals for the reception of garbage, without causing undue delay to the ships.
This Annex applies to all ships including yachts, fishing vessels and offshore platforms. Currently 91 countries or 83 per cent of the world's merchant shipping fleet are parties to Annex V.
The Maritime and Port Authority of Singapore (MPA) has consulted the shipping community including shipyards and terminal operators on Singapore's accession to the Annex. In January 1999, MPA issued a marine circular to urge shipowners to take early action to comply with the requirements of Annex V.
Our accession to Annex V of MARPOL 73/78 demonstrates that Singapore places great importance on the prevention of marine pollution by garbage from ships. Our existing legislation to prevent pollution of Singapore waters by garbage was put in place in 1971 under the Prevention of Pollution of the Sea Act. It provided for severe penalties against those who dispose, discharge, put, throw, cast or deposit refuse, garbage and plastics from any ship or a place on land into Singapore waters. The Act was amended in 1990 to take into account Singapore's accession to Annexes I and II of MARPOL 73/78 dealing with pollution of the sea by oil and chemicals from ships. The Prevention of Pollution of the Sea Act, 1990 retained the penalties.
To discourage ships from the indiscriminate throwing of garbage into our waters, the Port of Singapore has been providing garbage collection service in our waters. This function was taken over by the MPA in February 1996. Currently, an average of 7,200 vessels are visited by barges operated by the MPA's contractor monthly and about 240 tonnes of garbage are received from ships at the anchorage monthly. The collected garbage are then transferred ashore and hauled to the dumping ground of the Ministry of the Environment for disposal.
As a party to Annex V of MARPOL 73/78, Singapore has the obligation to give effect to the provisions of the Convention in its laws. The three sets of regulations that contain the essential provisions to give effect to Annex V are, namely, the Prevention of Pollution of the Sea (Garbage), (Reception Facilities) (Amendment) and (Composition of Offences) (Amendment) Regulations 1999. Under these regulations, all non-oil / non-chemical terminal operators and shipyards will continue to provide facilities for the reception of garbage from ships. Ships calling at oil and chemical terminals will continue to have their garbage collected at the anchorages before or after calling at the terminals. The MPA will continue to provide facilities for the reception of garbage at the anchorages. These regulations are expected to be brought into force on the same day, Annex V comes into force for Singapore i.e. 27 Aug 1999.
Enforcement of the provisions of these Regulations such as garbage record book, garbage management plan, and placard is expected to contribute to cleaner Singapore waters. The Regulations will provide for a penalty of up to a maximum fine of S$20,000 and/or a maximum prison term of two years for the master of a Singapore ship found guilty of polluting the sea anywhere in the world by garbage. These severe penalties will discourage Singapore ships from the indiscriminate throwing of garbage not only into Singapore waters but also into the sea anywhere in the world.
Accession to Annex V therefore demonstrates Singapore's commitment to protecting the marine environment. As parties to Annex V are expected to facilitate the clearance of each other's ships in their ports, accession to Annex V will facilitate the clearance of Singapore ships in the ports of parties to Annex V.
End of Release.