Bulk Carrier Refused to Board by Many Countries Returns to Great Yarmouth Port

A bulk carrier flying the Maltese flag and carrying 20,000 tons of ammonium nitrate fertilizer docked at the Great Yarmouth Port in the UK on October 28. However, a few weeks later, it was once again embroiled in controversy.?Local officials stated that the vessel departed the port on November 6 and returned on November 18 to continue unloading and transferring cargo.

Media reports surfaced that a portion of the cargo had been found to be contaminated making it less stable and potentially more dangerous. The media reports cited the fact the cargo went approximately 11 or 12 nautical miles offshore and according to the AIS signal, was circling. It was reported that during this time away from the port, the ship had dumped part of its cargo into the ocean.?However, the company operating the facility only stated that the vessel had gone to sea briefly for "operational reasons."

Environmentalists were quick to highlight the toxic nature of ammonium nitrate when it is exposed to seawater. They said it could accelerate algae growth and is detrimental to fish.?The Department for Transport responded to the criticisms saying that?the operation was carried out with advice from the Maritime Coastguard Agency and HSE?and that they had been assured that the vessel continues to meet safety standards.

Ship Pollution Cases

Ship pollution includes water pollution (oily wastewater, domestic sewage, sewage containing toxic liquid substances, ship garbage), air pollution, and noise pollution. Influenced by factors such as the crew's weak pollution prevention awareness and the shipping company's insufficient safety investment, Chinese ship pollution violations occur from time to time. The main types are as follows:

1.Ships exceed standards for discharging domestic sewage or oily wastewater into inland water areas.

According to Article 54 of the?Provisions of the People's Republic of China on the Administration of the Prevention and Control of Vessel-Induced Pollution to the Inland Water Environment,?ships that exceed standards for discharging domestic sewage or oily wastewater into inland water areas shall be ordered to rectify by the maritime administration and shall be fined between 20,000 and 30,000 yuan.

Chinese requirements:

a) Ships should be equipped with effective anti-pollution equipment, devices, and documents, as well as true and standardized accounts and qualified test reports for inspection on board.

b) Wastewater generated by ships must be discharged up to standard or temporarily stored on board using collection facilities and then handed over to receiving units (ships). It is strictly forbidden to discharge during anchorage or within the protection area of drinking water sources.

2.Ships dump ship garbage into the water body.

According to Article 90 of the Water Pollution Prevention and Control Law of the People's Republic of China,?those who dump ship garbage into the water body or discharge ship residual oil or waste oil shall be ordered to stop the illegal act by the maritime administration and shall be fined between 10,000 and 100,000 yuan.

Chinese requirements:

a) Ship garbage, residual oil, waste oil, and other pollutants should be discharged into receiving facilities (ships).

b) All ship garbage should be stored in garbage collection devices with classification labels.

c) When engaging in ship pollutant receiving operations, pollutant receiving units (ships) should report to the maritime administration, comply with relevant pollution prevention operation procedures and measures, strictly implement the pollutant storage and transfer system, and issue delivery and receiving documents to the ship.

3.Ships use fuel oil that does not meet standards.

According to Article 106 of the?Atmospheric Pollution Prevention and Control Law of the People's Republic of China,?those who use fuel oil that does not meet standards or requirements for ships shall be fined between 10,000 and 100,000 yuan by the maritime administration.

Chinese?requirements:

a) Inland and river-sea direct ships should use standard diesel oil.

b) Ships should choose regular gas stations to refuel and keep the fuel supply and receiving documents and fuel samples on board for inspection.

c) Ships that meet the conditions are encouraged to use shore power and clean energy first.

Related International Cases

In 2020, a British private oil company was fined 7,000 pounds for violating the Regulations on Oil Pollution Prevention and Control of Offshore Oil Activities?and was responsible for an oil spill incident in 2016.

On December 12, 1999, a tanker flying the Maltese flag broke and sank near the Brittany Peninsula in northwestern France due to a storm, and more than 20,000 tons of heavy fuel oil on board leaked into the sea, causing the most serious marine oil pollution accident in French history. In this case, the French court first ruled that the party responsible for the environmental damage should compensate the damaged party, and the defendant had to pay a total of about 285 million US dollars in compensation to about 100 plaintiffs. In addition, the French government also conducted a 7-year investigation after the accident and determined that the tanker lacked maintenance, the hull was severely corroded, coupled with improper driving by the crew, which caused the tanker to sink. It can be seen that France's punishment for ship pollution is very strict, involving not only high fines but also long-term lawsuits and compensation responsibilities.

Guidelines for Carrying Dangerous Goods in and out of Chinese Ports

Article 83 of the new Marine Environmental Protection Law of the People's Republic of China?stipulates that ships carrying goods with pollution hazards in and out of ports, their carriers, cargo owners, or agents, should report to the maritime administration in advance. Only after approval can they enter and leave the port or carry out loading and unloading operations.

The declaration system for ships carrying goods with pollution hazards, including the declaration of goods suitable for transportation and the declaration of ships suitable for carrying,?is a supervision and management system commonly used by maritime management institutions around the world. It aims to ensure the authenticity of the information through the declaration of the cargo owner or carrier and the review procedures of the management agency, so that all relevant parties can grasp the dynamics of such goods, and review the conditions of goods suitable for transportation, ships suitable for carrying, dock safety operation conditions, and the stowage of goods on ships, to ensure the safety of personnel, ships, and ports, prevent ships from carrying pollution hazards. Goods cause pollution to the marine environment, and take timely and effective emergency measures in the event of an accident.

Precautions

1.When ships carry goods with pollution hazards in and out of ports, the cargo owner or agent should handle the declaration procedures for goods suitable for transportation before the declaration of ships suitable for carrying; when ships carry dangerous goods in and out of ports, the cargo consignor should handle the declaration procedures for goods suitable for transportation before delivery.

2.Ships should declare 24 hours?before carrying pollution hazards/dangerous goods in and out of the port (if the voyage is less than 24 hours, before leaving the last port).

3.If the goods carried by the ship with pollution hazards also belong to dangerous goods, the cargo owner, carrier, or agent may combine the declaration of ships carrying goods with pollution hazards in and out of the port and the declaration of ships carrying dangerous goods in and out of the port. For goods with pollution hazards that stay in transit, there is no need to handle the declaration of goods suitable for transportation or report.

Materials required for the declaration/report of goods suitable for transportation

The cargo owner or agent handling the declaration/report procedures of goods suitable for transportation shall submit the following materials to the maritime administration:

(i) The declaration form of goods suitable for transportation, including the relevant information of the cargo owner or agent and the basic information such as the name, type, and characteristics of the goods;

(ii) If the agent handles the declaration procedures of goods suitable for transportation, an effective authorization certificate issued by the cargo owner shall be provided;

(iii) The corresponding safety technical description of?pollution hazards/dangerous goods, safety operation precautions, prevention and emergency measures, and other relevant materials;

(iv) If it is necessary to obtain approval from the relevant national authorities according to law before carrying, a valid approval document shall be held;

(v) When transporting the following goods with pollution hazards, the following materials shall also be submitted:

1.For the carriage of packaged goods with pollution hazards, a qualified certificate of packaging and medium bulk containers or a qualified certificate of pressure vessels shall be provided;

2.For the carriage of goods with pollution hazards using movable tanks, a qualified certificate of the tank shall be provided;

3.For the carriage of radioactive goods with pollution hazards, a radioactive dose certificate shall be submitted;

4.If inhibitors or stabilizers are added to the goods, the name, quantity, temperature, validity period of the inhibitors or stabilizers, and the measures to be taken when the validity period is exceeded shall be submitted;

5.For the carriage of limited goods with pollution hazards, a certificate of limited dangerous goods shall be submitted;

6.For the carriage of unknown pollution hazards, a technical institution with corresponding qualifications shall be entrusted to assess the pollution hazards of the goods and the technical conditions of ship transportation.

(vi) For the carriage of Group B solid bulk goods with easy fluidization?characteristics through sea transportation, a certificate of the limit of goods suitable for transportation moisture and the moisture content of goods issued by an inspection institution with corresponding qualifications shall also be submitted.

Materials required for the declaration of ships suitable for carrying

The carrier or agent handling the declaration procedures of ships suitable for carrying shall submit the following materials to the maritime administration:

(i) The declaration form of ships carrying goods with pollution hazards, including the relevant information of the carrier or agent and the basic information such as the name, type, and characteristics of the goods;

(ii) The approval certificate of goods suitable for transportation issued by the maritime administration;

(iii) If the agent handles the declaration procedures of ships suitable for carrying, an effective authorization certificate issued by the carrier shall be provided;

(iv) Oil pollution prevention certificate, ship suitability certificate, ship oil pollution damage civil liability insurance or other financial guarantee certificates;

(v) If a ship carrying goods with pollution hazards has had an accident during transportation, it should briefly explain the cause of the accident, the control measures taken, and the current situation in the declaration form of ships carrying goods with pollution hazards, and submit a detailed report after arriving at the port;

(vi) A list, manifest, or stowage plan that specifies the actual loading situation;

(vii) Ports, docks, and loading and unloading stations intended for loading and unloading operations.

Faced with the increasingly serious problem of ship pollution, maritime management institutions and shipping companies must take stricter measures to reduce the impact of ships on the environment. This requires not only strengthening the enforcement of regulations but also improving the environmental awareness and professional skills of crew members to ensure that they can operate anti-pollution equipment correctly and comply with relevant regulations.

In addition, shipping companies should increase investment in safety and environmental protection facilities to reduce pollution that may be caused by ships during their operations. Governments and related institutions should also provide necessary support, such as technical training, financial subsidies, and policy guidance, to promote the green transformation of the shipping industry. Only through the joint efforts of all parties can we protect the water environment and ensure the long-term development of the shipping industry.