Impact of IMO’s Polar Code

on NSR Future Shipping

History of Polar Code Development

• IMO’s Outside Working Group (OWG) was established in 1993 and this experts group led by Canada drafted the framework for an initial Polar Code five years later

• Key strategies of the OWG were to build on existing IMO’s ship rules and standards for safety (SOLAS), environmental protection (MARPOL), and training(STCW); focusing equally on the safety of human life and protection of the marine environment and using UNCLOS as the legal framework for the polar oceans

• Considered in the OWG’s work was the extensive knowledge and experience of the ice navigation regulatory regimes in the Russian Arctic, Canadian Arctic and the Baltic Sea (Swedish-Finnish shipping rules for seasonal ice operations)

• The IMO accepted the draft Polar Code from the OWG but decided as an alternative strategy to develop a set of voluntary guidelines instead which focused solely on Arctic waters. The IMO’s “Guidelines for Ships Operating in Arctic Ice-Covered Waters” was approved in 2002

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History of Polar Code Development

• The move to develop a mandatory code followed the adoption by the IMO in 2009 of voluntary “Guidelines for Ships Operating in Polar Waters” which set out additional provisions deemed necessary for the polar areas beyond the requirements of existing conventions

• As part of Arctic Council’s AMSA recommendations in 2009, all eight Arctic states voiced their strong view that mandatory or binding IMO rules and regulations for Arctic marine operations were essential and required as soon as practical

• Since 2010 the IMO’s Marine Safety Committee has been considering safety amendments to SOLAS and proposed amendments to MARPOL have been considered by the IMO’s Marine Environmental Protection Committee. The IMO’s Sub-Committee on Human Element Training and Watchkeeping recently approved the critical training and manning requirements for polar operators as amendments to STCW

• All of the elements of the Polar Code were adopted by the IMO as a whole in May 2015

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Mandatory Polar Code

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IMO Polar Code is a set of

amendments to the SOLAS,

MARPOL and STCW

The Polar Code covers ship structural standards; required marine

safety equipment; training and experience standards for the ship

officers and crew; and environmental rules regarding oil, noxious

liquids, sewage and garbage for ships operating in waters

surrounding the two poles

Arctic Boundary of Polar Code

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Part I: Safety Measures

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New Safety

Requirements:

The safety chapters in the Polar Code

each set out goals and functional

requirements, covering ship structure;

stability and subdivision; watertight and

weather-tight integrity; machinery

installations; operational safety; fire

safety/protection; life-saving appliances

and arrangements; safety of

navigation; communications; voyage

planning; and manning and training

Newly adopted

SOLAS chapter XIV Safety Measures for Ships Operating in Polar Waters

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Part I: Safety Measures

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Polar Ship

Certificate

Will specify whether the

vessel may sail in at least

medium first-year ice with old

ice inclusions, thin first-year

ice, or merely open water with

minimal ice

Each category will provide

various requirements for

design, construction, hull

strengthening, stability, safety

equipment and training

Part I: Safety Measures

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Part I: Safety Measures

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Polar Water

Operation

Manual

Assessment of ship’s

operational capabilities

and limitations and

expected navigational

conditions on route;

indentification of risks;

and emercency and

response planning

Part I: Safety Measures

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Polar Ship Certificate Ship’s defined capacity and limitations; structure and

machinery; design and equipment

Polar Water Operational Manual Ship’s operational procedures; emergency response

procedures; speed and maneuvering; evacation and

survival

Qualified Deck Officers Training and experience; approval process

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Amendments to the

MARPOL’s Annexes

I, II, IV, and V

Part II: Pollution Prevention

Prevention of

pollution by oil

Prevention of

pollution by

noxious liquid

substances

Prevention

of pollution

by garbage

Prevention

of pollution

by sewage

New Pollution Prevention

Requirements:

Part II: Pollution Prevention

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• Oil -- discharge into the sea of oil or oily mixtures from any ship is prohibited. Fuel tanks must be separated from the ships outer shell

• Noxious Liquids -- discharge into the sea of noxious liquid substances or mixtures containing such substances is prohibited

• Sewage -- discharge of sewage is prohibited unless performed in line with MARPOL Annex IV and requirements in the Polar Code, prohibiting the discharge of sewage except for comminuted and disinfected sewage under specific circumstances, including a specified distance from ice

• Garbage -- discharge of garbage is restricted and only permitted in accordance with MARPOL Annex V and requirements in the Polar Code, namely that food wastes shall not be discharged onto the ice and discharge into the sea of comminuted and ground food wastes is only permitted under specific circumstances including at no less than 12 nautical miles from the nearest land, ice shelf or fast ice. Only certain cargo residues classified as not harmful to the marine environment can be discharged

Implementation & Enforcement

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• Enactment -- the Polar Code will come into force on the 1st of January 2017 through amendments to SOLAS, MARPOL and STCW Conventions

• The implementation Phase -- the phase-in period for the Polar Code is from 15th of May 2015 to the 1st of January 2017

• National Legislation -- all maritime states will have the challenge of implementing the Polar Code in their national legal systems by 1st of January 2017

• Enforcement -- enforcement of the Polar Code will be the responsibility of the flag states and also the port states in certain circumstances

Implementation & Enforcement

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• Ship Type and Tonnage -- the Polar Code will be mandatory for all commercial carriers and passenger ships of 500 tons or more

• New and Old Vessels -- the Polar Code will apply to new ships constructed on or after January 1, 2017. Ships constructed before that date will be required to meet the relevant requirements of the Polar Code by the first intermediate or renewal survey, whichever occurs first, after January 1, 2018

• Polar Ship Certificate -- the process for gaining a Polar Ship Certificate should be developed by the national maritime authorities of the flag states and the ship classification societies so that it is operational by 1 January 2017

• Role of Classification Societies and Insurance -- the ship classification societies will certify that polar class ships meet the new Polar Code requirements and marine insurance industry will have a role in insuring only ships that meet these new standards

Polar Code Criticism

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• Heavy Fuel Oil (HFO) -- should be banned in the Arctic as it has in the Antarctic. Such oil is also a major source of “black carbon” emissions. Future designation of the Arctic Ocean as an IMO emission control area will need to be addressed

• Non-Ice Strengthened Ships -- should not be allowed to operate in polar waters, even in supposedly `ice-free’ polar waters

• Concerns Regarding the Wildlife -- in addition to heavy fuel oil, graywater discharges and ballast water discharges, invasive species protection measures, and underwater noise regulations have not been dealt with

• Fishing Vessels and other Specialized Vessels -- regulations for these vessels should also be included in the code

• Lack of Oil Spill Response Measures -- the code does not explicitly spell out what should happen in the event of an oil or chemical spill, and how to be adequately equipped and crew trained to deal with minor spills

• Enforcement of Polar Code Regulations -- Enforcement will be up to individual nations in territorial waters and ambiguous everywhere else

Beyond the Polar Code

We should not see the Polar Code as the end of a process. Current and future challenges need to be addressed by additional amendments to SOLAS, MARPOL, and STCW

• Implementation of New Advanced Technology -- in all sectors including shipbuilding and machinery sectors and in the new designs for harsh operating environments

• Arctic Transport and Logistics Infrastructure -- while the IMO Polar Code will provide the regulatory framework, the infrastructure needed to ensure safety and environmental protection in the Arctic must also be developed

• Ship Monitoring and Tracking -- commercial ships voyaging and operating in remote polar waters place a premium on ship monitoring and tracking. Sharing Arctic marine traffic data among the flag and port states may require a new binding agreement among the Arctic states

• Operational Guidelines for Seafarers -- the polar regions constitute a unique working environment which means we need to develop further specific operational guidelines for seafarers beyond those already included in the STCW Convention

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Concluding Remarks

• “Soon it became apparent that a very robust and meaningful Polar Code would be sacrificed in order to meet deadlines. We have seen successive drafts become more watered down as the various working groups, sub-committees and committees seemed to simply walk away from and delete any item that did not result in complete consensus amongst the huge number of voting flag states and non-voting NGOs at IMO” - Captain Duke Snider (October 7, 2014)

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