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New regulations addressing garbage management go into effect on January 1, 2013 pur- suant to action taken by the Marine Environment Protection Commit- tee (MEPC) at its sixty-second session inJuly 2011 after a comprehensive review of MARPOL Annex V. The new regula- tions impose stricter garbage manage- ment procedures and documentationrequirements for all vessels and fixed and floating platforms which will have major implications for industry, as discussed below. The revised MARPOL Annex V, contained in MEPC.201(62), is available on the IMO?s website for the Marine En- vironment Protection Committee(MEPC), 55th session athttp://www.imo.org/OurWork/Envi- ronment/PollutionPrevention/Garbage /Documents/201%2862%29.pdf. The most significant change in the new regulations is its general approach to garbage management. Under the current regulations, discharge of garbage into the sea was generally allowed unless specif- ically prohibited or limited. This concept is reversed in the new regulations, which impose a general prohibition on the dis-charge of all garbage unless the discharge is expressly provided for under the regu- lations. To aid in identifying the cate- gories of garbage which may be discharged, the new regulations include a host of new definitions, such as for ?ani- mal carcasses,? ?cargo residues,? ?cook- ing oil,? ?domestic wastes,? ?fishing gear,? ?food wastes,? ?incinerator ashes,? and ?operational wastes.? The new regu- lations allow the limited discharge of only four of these categories: food waste, cargo residues and certain operational wastes not harmful to the marine envi- ronment, and carcasses of animals carriedas cargo. Combined with the general pro- hibition on the discharge of garbage out- side these limited categories, the new regulations greatly reduce the amount of garbage that vessels will be able to dis- pose of at sea. Below is a simplified overview of the new discharge provisions that is posted on the IMO website. Any garbage permitted to be disposed of at sea must be discharged while the vessel is ?en route.? Per the definitions, ?en route? means that ?the ship is under- way at sea on a course or courses, in- cluding deviation from the shortest direct route, which as far as practicable for nav- igational purposes, will cause any dis- charge to be spread over as great an area of the sea as is reasonable and practica-ble.? Stricter regulations will pose a number of operational challenges. The increase in the quantity of garbage required to be retained onboard and disposed of ashoreis likely to create a host of logistical prob- lems for vessels and port authorities with regard to storage, equipment, and sanita- tion. Indeed, many existing ships will not be able to handle the amount of garbage requiring incineration and many port au- thorities will not be able to handle thelarge amounts of dunnage without sub- stantial investment and planning. Vessels will incur higher port garbage service charges which will have to be taken into account in chartering agreements. In ad-dition, greater limitations on the dis-charge of cargo residue and wash water will affect if, how, and where the cleaning of holds and external surfaces may be conducted. For example, any cleaning agents used to wash exterior surfaces may be discharged only outside special areas and the vessel must have evidence from the producer of the product that itmeets certain criteria for not being harm-ful to the marine environment. The new regulations also expand docu- mentation requirements for vessels and offshore platforms. Garbage manage- ment plans must be revised to reflect the new regulations. The IMO published guidelines for the drafting of new garbage management plans, MEPC.220(63), available at http://www.imo.org/OurWork/Envi- LEGAL BEAT Trash Talk Are You Prepared for the New MARPOL Annex V Garbage Regulations? Jonathan K. Waldron , part- ner at Blank Rome, concen-trates his practice inmaritime, international, and environmental law, including maritime security. [email protected] Dana Merkel, associate atBlank Rome, focuses herpractice on providing legaladvice to companies in-volved in the maritime indus-try. [email protected] overview of the discharge provi- sions of the revised MARPOL Annex Vwhich will enter intoforce on January 1, 2013 (1) These substances must not be harmful to the marine envi-ronment. (2) According to regulation 6.1.2 of MARPOL Annex V the dis- charge shall only be allowed if: (a) both the port of departure and the next port of destination are within the special area and the ship will not transit outside the special area between these ports (regulation 6.1.2.2); and (b) if no adequate reception fa- cilities are available at those ports (regulation 6.1.2.3). *Includes: Plastics, syntehctic ropes, fishing gear, plastic garbage bags, incinerator ashes, clinkers, coooking oil, floatingdunnage, lining and packing materials, paper, rags, glass, metal, bottles, crockery and similar refuse Type of Garbage Ships Outside Special Area Ships In Special Area Offshore Platforms (more than 12 nm from land and all ships within 500 m of such platformsFood wasted comminutedDischarge Permitted: > 3 nm from the nearestDischarge Permitted: > 12 nm from the Discharge Permitted or ground land, en route and as far as practicable nearest land, en route and as far as practicable Food waste not comminutedDischarge Permitted: > 12 nm from the Discharge Prohibited Discharge Prohibited or ground nearest land, en route and as far as practicable Cargo residues(1) not contained in wash waterDischarge Permitted: > 12 nm from the Discharge Prohibited Discharge Prohibited nearest land, en route and as far as practicable Cargo residues(2) not Discharge Permitted: > 12 nm from the contained in wash waternearest land, en route as far as practicable &Discharge Prohibited subject to two additional conditions (2)Cleaning agents & additivesDischarge Permitted: > 12 nm from the (1) contianed in cargo holdnearest land, en route as far as practicable &Discharge Prohibited wash watersubject to two additional conditions (2) Discharge Permitted Cleaning agents & additives(1) contianed in deck & Discharge PermittedDischarge Prohibited external surfaces wash waterCarcasses of animals Discharge Permitted as far from the carried onboard as cargo & nearest land as possible and en routeDischarge ProhibitedDischarge Prohibited which died during voyageAll other garbage*Discharge ProhibitedDischarge ProhibitedDischarge Prohibited Mixed garbageWhen garbage is mixed with or contaminated by other substances prohibited from discharge or having different discharge requirements, the more stringent requirements shall apply 20Maritime Reporter & Engineering News MR#11 (18-25):MR Template 10/22/2012 5:15 PM Page 20