MARPOL Annex V, Commercial Ships, and Port Reception Facilities: Making It Work

Abstract

Annex V of MARPOL (73/78) is the key international authority for controlling ship sources of marine debris. States representing nearly 70% of the world’s registered shipping tonnage have ratified Annex V and presumably are striving toward its full implementation. Annex V requires states “to ensure the provision of facilities at ports and terminals for the reception of garbage, without causing undue delay to ships, and according to the needs of the ships using them.” Interestingly, while Annex Y prohibits the discharge of plastics, ships are generally allowed to discharge all their other garbage at sea, at specified minimum distances from shore. In Annex V Special Areas, the discharge norm is far more strict: only food wastes may be discharged outside 12 nautical miles from shore; all other disposal into the sea is prohibited. However, the International Maritime Organization (IMO) Guidelines for the Implementation of Annex V (1988) recommend that, regardless of location, ships should endeavor to use port reception facilities as the primary means for disposal of their wastes. In the context of commercial shipping, this paper briefly examines some institutional factors relevant to the ability of ships and ports to meet these challenges. In particular, we consider whether it is possible to use port reception facilities as the primary means to dispose of ships’ wastes.