Proposed amendments to article V of Protocol I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto

It is proposed to the Marine Environment and Protection Committee (MEPC) of the International Maritime Organization (IMO) to amend article V of Protocol I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL) in the following manner:

The following new paragraph 3 is inserted after existing paragraph 2:

“In case of the loss of freight container(s), the report required by article II (1)(b) shall be made in accordance with the requirements on danger messages as provided for in regulations V/31 and V/32 of the International Convention for the Safety of Life at Sea, 1974 (SOLAS).”

If the proposed amendment is adopted by the MEPC in its 81st session to be held in March, 2024, the proposed amendment shall, in accordance with article 16(2)(d) of MARPOL, be deemed to have been accepted on [1 February 2025], unless the required number of States are opposed to the proposed amendment. Accordingly, in terms with article 16(2)(g)(ii) of MARPOL, the proposed amendment should enter into force on the [1 August, 2025] provided the requirements under article 16(2)(d) of MARPOL have been met.

Protocol I of MARPOL contains provisions concerning reports on incidents involving harmful substances (in accordance with article 8 of the MARPOL). Article II (1)(b) of Protocol I of MARPOL provides that:

“The report shall be made when an incident involves a discharge or possible discharge of harmful substances in packaged form, including those in freight containers, portable tanks, roads and rail vehicles and shipborne barges.”

Comment The proposed amendment appears to be a recognition that the loss of freight containers presents with it the likelihood of, in the words of article II (1)(b) of Protocol I to MARPOL, “a possible discharge of harmful substances in packaged form” and thus, in addition to the reporting procedures already contained in article V of Protocol I of MARPOL, the proposed amendment seeks to ensure that the report shall be made in accordance with the requirements on danger messages as provided for in regulations V/31 and V/32 of SOLAS. Regulations V/31 and V/32 of SOLAS contain detailed provisions on what constitutes “danger messages” and the “information required in danger messages” and, as such, the master of a vessel where loss of freight container(s) has been experienced is bound, inter-alia, to communicate the information, by all means at his disposal, to ships in the vicinity and to the competent authorities.

The progress of this proposed amendment shall be followed with interest.