Discharges in Polar Waters: MARPOL Requirements and Polar Code Part II-A

Oil, sewage and garbage discharges in polar waters: prohibitions, exceptions, ice and land distances and the HFO regime.

Operational Explanation

The Polar Code (International Code for Ships Operating in Polar Waters) has made mandatory, through its Part II-A, a set of discharge restrictions in polar waters stricter than those under MARPOL alone, incorporated as additional requirements into Annexes I, II, IV and V. Paragraph 1.1.1 is a single line: “In Arctic waters any discharge into the sea of oil or oily mixtures from any ship shall be prohibited”. No tonnage threshold, no concentration limit, no en-route condition: where elsewhere you discharge at 15 ppm, in the Arctic you do not discharge.

But not “without exceptions”

Resolution MEPC.265(68), which inserted the Polar Code into the MARPOL Annexes, contains this instruction: the chapeau of Regulation 4 of Annex I “is replaced with the following: ‘Regulations 15 and 34 of this Annex and paragraph 1.1.1 of part II-A of the Polar Code shall not apply to:’”. The remainder of Regulation 4 was left untouched, and continues to exempt discharge necessary for the purpose of securing the safety of a ship or saving life at sea, discharge resulting from damage to a ship or its equipment (provided all reasonable precautions were taken and there was no intent or recklessness) and the use of approved anti-pollution substances to combat a specific pollution incident.

This is not an isolated choice: the same pattern was repeated across every other Annex. MEPC.265(68) inserted chapter 2 of the Polar Code into the chapeau of Regulation 3 of Annex II, section 4.2 into that of Regulation 3 of Annex IV and section 5.2 into that of Regulation 7 of Annex V. The choice is systematic, and it says what the polar ban actually means: absolute as to operational discharges, not as to emergencies. Writing “without exceptions” is not a harmless overstatement: it tells the Master that in a casualty he has no lawful route, and that is the opposite of what the Convention tells him.

Two points on scope. Paragraph 1.1.1 does not apply to clean or segregated ballast (paragraph 1.1.2). And chapters 1 and 2 speak of Arctic waters, not of polar waters generally: in Antarctica the ban already comes from Annex I, which treats the Antarctic area as a Special Area prohibiting operational discharge (Regulation 15.4), subject to the conditional exceptions in Regulation 4. Chapters 4 and 5 are built differently, and must be read region by region.

Annex II — noxious liquid substances

Chapter 2 is equally brief: “In Arctic waters any discharge into the sea of noxious liquid substances (NLS), or mixtures containing such substances, shall be prohibited”. The Arctic scope applies. For category A and B ships constructed on or after 1 January 2017, the carriage of NLS identified as ship type 3 in chapter 17 (column e) of the IBC Code, or identified as NLS in chapter 18, in cargo tanks of type 3 ships is subject to the approval of the Administration, with the outcome reflected on the certificate.

Annex IV — sewage: the distances from ice

Here the Polar Code gives numbers, and chapter 4 applies to all polar waters, Arctic and Antarctic alike. Discharge is prohibited unless it complies with Annex IV and with one of these three conditions:

Sewage limits are cumulative. Comminuted/disinfected sewage requires more than 3 nautical miles from nearest land and every ice-shelf/fast ice; untreated sewage requires more than 12 nautical miles from both references. Regulation 11.1.1 still applies, including en-route operation at at least 4 knots and an approved moderate rate for stored/animal sewage. In every case remain as far as practicable from ice concentrations >1/10. The STP route follows 11.1.2 and discharges as far as practicable also from land, ice-shelves and fast ice: no numerical distance does not mean “anywhere”.

For ships constructed on or after 1 January 2017, all category A/B ships and all passenger ships may discharge only through an approved STP (4.2.2). Separately, A/B ships of any age operating for extended periods in ice >1/10 require a certified STP and Administration approval of the discharge (4.2.3): plant type approval alone is insufficient.

Annex V — garbage: 12 nautical miles, 25 millimetres, and the ban on discharging onto ice

For garbage in Arctic waters, Annex V requirements apply together with chapter 5 conditions:

• food wastes may be discharged only while the ship is en route and as far as practicable from areas of ice concentration exceeding 1/10 and in any case not less than 12 nautical miles from the nearest land, the nearest ice-shelf or the nearest fast ice;
• they must be comminuted or ground so as to pass through a screen with openings no greater than 25 mm, and must not be contaminated by any other garbage type;
• food wastes shall not be discharged onto the ice;
• the discharge of animal carcasses is prohibited.

Cargo residues that cannot be recovered using commonly available unloading methods may be discharged only while the ship is en route and on three cumulative conditions: that the hold washing water contain no substances classified as harmful to the marine environment, that the port of departure and the next port of destination be both within Arctic waters with no transit outside them in between, and that no adequate reception facilities be available at those ports. Once all three are met, paragraph 5.2.1.5.4 prescribes where: the discharge of hold washing water containing residues must be made as far as practicable from areas of ice concentration exceeding 1/10 and in any case not less than 12 nautical miles from the nearest land, the nearest ice-shelf or the nearest fast ice.

In Antarctica apply Annex V/6 and II-A/5.2.2 cumulatively: food ground to pass through openings no greater than 25 mm, uncontaminated by other garbage, ship en route, as far as practicable from land and at least 12 nautical miles from land, ice-shelf and fast ice; also remain as far as practicable from ice >1/10 and never discharge onto ice. Introduced poultry, including its parts, must be sterilized before discharge.

Regulatory Reference

Sources: MEPC.264(68) (Part II-A, chapters 1, 2, 4, 5), MEPC.265(68) (integration into the Annexes and relevant exceptions), MEPC.329(76) (Annex I/43A). Safety requirements extended from 2026 to specified non-SOLAS ship categories do not constitute a new general extension of environmental requirements.

Regulation 43A prohibits, from 1 July 2024, use and carriage for use as fuel of non-crude oils with density at 15 °C above 900 kg/m³ or kinematic viscosity at 50 °C above 180 mm²/s. This is not a sulphur-only test. Deferral to 1 July 2029 concerns ships subject to 12A or II-A/1.2.1; a coastal waiver under 43A.4 applies only to the Party’s own-flag ships in its own Arctic waters, does not transfer to another jurisdiction and ceases from 1 July 2029. The specific operational exceptions in 43A.1 and the 43A.3 provision requiring no tank/line cleaning or flushing for previous operations remain.

Scope of Application

Check applicability of each Annex and chapter, not a single “Polar Code” threshold. Chapters 1/2 concern the Arctic; Annex I/15.4 governs Antarctic oil discharge. Chapter 4 covers both regions; chapter 5 distinguishes their regimes. Additional distances do not replace MARPOL distances.

Procedure / How to Complete It

1. Identify region, ship category/age, ice area and national rules before departure. Plan retention capacity and reception facilities.
2. In the Arctic, do not operationally discharge oil/oily mixtures or NLS. Clean/segregated ballast is outside the oil prohibition, and regulation 4 exceptions remain subject to their conditions; record exceptional events in the relevant books.
3. Assess HFO using density or viscosity, protective structure, any own-flag/own-waters waiver and 2024/2029 dates. Do not confuse this with ECA sulphur compliance.
4. Sewage limits are cumulative. Comminuted/disinfected sewage requires more than 3 nautical miles from nearest land and every ice-shelf/fast ice; untreated sewage requires more than 12 nautical miles from both references. Regulation 11.1.1 still applies, including en-route operation at at least 4 knots and an approved moderate rate for stored/animal sewage. In every case remain as far as practicable from ice concentrations >1/10. The STP route follows 11.1.2 and discharges as far as practicable also from land, ice-shelves and fast ice: no numerical distance does not mean “anywhere”.
5. For ships constructed on or after 1 January 2017, all category A/B ships and all passenger ships may discharge only through an approved STP (4.2.2). Separately, A/B ships of any age operating for extended periods in ice >1/10 require a certified STP and Administration approval of the discharge (4.2.3): plant type approval alone is insufficient.
6. For food and residues also apply chapter 5, verify that the ship is en route and never discharge onto ice; sterilize introduced poultry in Antarctica before any possible discharge.
7. Adapt ORB, manuals, SOPEP/SMPEP, Cargo Record Book and P&A Manual, GRB, garbage plan and placards where relevant. Before Antarctica check retention capacity and reception arrangements after leaving. Do not create a universal “polar record book”.

Practical Example

Example: untreated sewage 15 nautical miles from fast ice but only 8 nautical miles from nearest land cannot be discharged. Even beyond 12 nautical miles from both references, check the remaining conditions, the ship’s regime and any STP/approval requirement under 4.2.3.

What Typically Goes Wrong

Common Mistakes Mistake Library

Avoid measuring from ice instead of also from land, equating STP certification with discharge approval, carrying an HFO waiver into another Party’s waters, or treating low-sulphur fuel as automatically outside the HFO definition.

What the PSCO Checks

Operational Tips

• Separate Arctic from Antarctic requirements and environmental from safety provisions.
• Apply land and ice distances cumulatively, with an operational margin.
• Check specific approvals and retention/reception options first.

Preparation checklist

Educational checklist. This summary supports learning and preparation only. It does not replace the vessel’s approved procedures, manuals, statutory documents, company SMS, or applicable official requirements. Completing it demonstrates neither compliance nor readiness for an inspection: it shows that a list has been read, not that the ship is in order. Always verify the current documents carried on board.

• Applicability by Annex, region and ship category checked
• Oil/NLS prohibitions distinguished from conditions for exceptions
• HFO: density or viscosity, structure, flag/waters and deadlines checked
• Sewage: more than 3/12 nautical miles from land and ice under 11.1.1; STP and 4.2.3 discharge approval where required
• Food: ship en route, 25 mm, at least 12 nautical miles, never onto ice; Antarctic poultry sterilized
• Relevant records/manuals, retention and reception arrangements checked

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Last substantive revision of this page: 15 September 2026 · page fingerprint 0d24a6a931ec