8 Perspectives on Oil Spill Detection Using Synthetic Aperture Radar
135
through (i) the accurate analysis of the delivered image, as described in the section on quality analysis, and (ii) the investigation of ancillary data describing the
area of interest, as discussed in the section on the use of ancillary data.
8.3.1 Legal Framework
Scientific studies focusing on remote sensors capacities to detect oil spills generally
do not take into consideration the legal framework. Marine oil pollution by vessels,
termed “operational oil pollution”, includes various types of discharges of oil and
oily mixtures, as a result of ships’ daily routine operations. Some of these, such as
oily ballast water and tank washing residues, relate to tankers only. However, all
types of ships may cause pollution discharging into the sea oil coming from engine
room wastes, bilge waters and, only in rare cases, used oil.
The International Convention for the Prevention of Pollution from Ships, 1973, as
amended by the Protocol of 1978 thereto (MARPOL 73/78) is aimed at minimizing
and eliminating pollution from ships. The Convention covers two main subjects:
(i) the special construction and equipment rules for the prevention of accidental
pollution;
(ii) the circumstances in which discharges into the sea are authorized.
The general provision in art.6 of MARPOL 73/78 contains the obligation to
co-operate in the detection of violations and the enforcement of the provisions of
the Convention, using all appropriate and practicable measures of detection and
environmental monitoring, adequate procedures for reporting and accumulation of
evidence. Each Contracting Party to MARPOL 73/78 is obliged to incorporate the
regulations in its national legislation, including provisions for prosecution of any
discharge above legal limits.
The oil discharge regulations in the Convention apply differently depending on
whether or not the sea area has been designated a “special area”. Almost all the
seas around Europe have been designated Special Areas for oil pollution. Only the
Norwegian Sea, the Bay of Biscay and the Atlantic Iberian Coast are not covered by
the Special Area status.
The limit of 15 parts per million (ppm) is the key parameter to identify legal discharges of ballast and from machinery spaces, in special areas, and legal discharges
from machinery spaces, outside special areas. Requirements to legally discharge
from cargo tanks outside special areas are less strict. In this last case, oil discharges
are allowed above the 15 ppm limit.
Following a detailed study, the International Maritime Organization (IMO)
recognized that it is not possible to see oily mixtures at sea with oil content
below 15 ppm (Resolution MEPC.61(34) of 9 July 1993 on Visibility Limits of Oil
Discharges). Therefore, not all visible (by eye or by Remote Sensing) oil spills are
necessarily illegal. But, visible and/or detectable oil discharges from ships, observed
in a MARPOL special area, are illegal without any doubt.
135
through (i) the accurate analysis of the delivered image, as described in the section on quality analysis, and (ii) the investigation of ancillary data describing the
area of interest, as discussed in the section on the use of ancillary data.
8.3.1 Legal Framework
Scientific studies focusing on remote sensors capacities to detect oil spills generally
do not take into consideration the legal framework. Marine oil pollution by vessels,
termed “operational oil pollution”, includes various types of discharges of oil and
oily mixtures, as a result of ships’ daily routine operations. Some of these, such as
oily ballast water and tank washing residues, relate to tankers only. However, all
types of ships may cause pollution discharging into the sea oil coming from engine
room wastes, bilge waters and, only in rare cases, used oil.
The International Convention for the Prevention of Pollution from Ships, 1973, as
amended by the Protocol of 1978 thereto (MARPOL 73/78) is aimed at minimizing
and eliminating pollution from ships. The Convention covers two main subjects:
(i) the special construction and equipment rules for the prevention of accidental
pollution;
(ii) the circumstances in which discharges into the sea are authorized.
The general provision in art.6 of MARPOL 73/78 contains the obligation to
co-operate in the detection of violations and the enforcement of the provisions of
the Convention, using all appropriate and practicable measures of detection and
environmental monitoring, adequate procedures for reporting and accumulation of
evidence. Each Contracting Party to MARPOL 73/78 is obliged to incorporate the
regulations in its national legislation, including provisions for prosecution of any
discharge above legal limits.
The oil discharge regulations in the Convention apply differently depending on
whether or not the sea area has been designated a “special area”. Almost all the
seas around Europe have been designated Special Areas for oil pollution. Only the
Norwegian Sea, the Bay of Biscay and the Atlantic Iberian Coast are not covered by
the Special Area status.
The limit of 15 parts per million (ppm) is the key parameter to identify legal discharges of ballast and from machinery spaces, in special areas, and legal discharges
from machinery spaces, outside special areas. Requirements to legally discharge
from cargo tanks outside special areas are less strict. In this last case, oil discharges
are allowed above the 15 ppm limit.
Following a detailed study, the International Maritime Organization (IMO)
recognized that it is not possible to see oily mixtures at sea with oil content
below 15 ppm (Resolution MEPC.61(34) of 9 July 1993 on Visibility Limits of Oil
Discharges). Therefore, not all visible (by eye or by Remote Sensing) oil spills are
necessarily illegal. But, visible and/or detectable oil discharges from ships, observed
in a MARPOL special area, are illegal without any doubt.