A Party to MARPOL with coastlines bordering Arctic waters may temporarily waive the requirements for ships flying its flag in that Party's waters
The Russian Federation and Canada have notified the IMO that the amendments to the Annex I of the International Convention for the Prevention of Pollution from Ships (MARPOL), as adopted by the Resolution MEPC.329(76), will not enter into force on 1 November 2022. The amendments to MARPOL Annex I (addition of a new regulation 43A) introduce a prohibition on the use and carriage for use as fuel of heavy fuel oil (HFO) by ships in Arctic waters on and after 1 July 2024. Declarations received from the Russian Federation and the High Commission of Canada are available at the bottom of the publication. IMO has confirmed this information.
Entry into force of amendments to MARPOL Annex I (addition of a new regulation 43A) to introduce a prohibition on the use and carriage for use as fuel of heavy fuel oil (HFO) by ships in Arctic waters on and after 1 July 2024. Ships engaged in securing the safety of ships, or in search and rescue operations, and ships dedicated to oil spill preparedness and response would be exempted. Ships which meet certain construction standards with regard to oil fuel tank protection would need to comply on and after 1 July 2029. A Party to MARPOL with a coastline bordering Arctic waters may temporarily waive the requirements for ships flying its flag while operating in waters subject to that Party's sovereignty or jurisdiction, up to 1 July 2029.
When asked by IAA PortNews, IMO emphasized that the countries can make their decision on accepting or not accepting the amendments that come into force on 1 July 2024.
IAA PortNews’ sources close to the Ministry of Transport believe Russia may use its right for carriage of heavy fuel oil by ships in Arctic waters for at least five years.
Russia has notified the IMO that “the amendments as adopted by the Resolution MEPC.329(76) will not enter into force for the Russian Federation on the 1st of November, 2022,” reads the letter dated 10 October 2022.
“Canada wishes to inform the Depositary that it fully supports and intends to comply with the amendments. However, in view of the fact that it may not have finalized its treaty adoption process prior to the entry into force of the above-noted amendments, and based on its commitment of respect of international law obligations, Canada has decided to submit a notification in accordance with subparagraph (f)(ii) of Article 16 of MARPOL. Canada has begun its domestic procedures and will inform the Depositary of their completion in a subsequent note,” reads the letter dated 28 October 2022.
The prohibition will cover the use and carriage for use as fuel of oils having a density at 15°C higher than 900 kg/m3 or a kinematic viscosity at 50°C higher than 180 mm2/s.
Besides, IMO earlier said that a Party to MARPOL with a coastline bordering Arctic waters may temporarily waive the requirements for ships flying its flag while operating in waters subject to that Party's sovereignty or jurisdiction, up to 1 July 2029.
Below are the notifications submitted to IMO:
Declaration by the Russian Federation >>>>
Declaration by Canada >>>>