Polar Code briefing

With the onset of global warming, sea ice, particularly in the Arctic, is retreating further and for longer during the summer months. Although there is no certainty, it is possible that if trends continue, there will be no ice cap at all in the later summer periods by 2050. Although the window when the ice is clear is short at the moment, there is certainly potential in the future to make much greater use of the northern sea routes. This would reduce significantly the distance and time taken for shipping to transit from the Far East to Europe. Fuel savings would be enormous. Improved accessibility is also leading to an increase in the exploitation of natural resources in the Arctic. Both the Arctic and Antarctic have also become popular as cruise destinations as well as for the fishing industry.

The safety of shipping and the protection of the pristine environments around the poles have been of concern for the International Maritime Organisation (IMO) for some time. In recognition of the increased popularity of the regions, the need to ensure safe navigation and to preserve the unique environment, the IMO issued voluntary guidelines for ships operating in Arctic ice-covered waters in 2002. Then in 2009, further guidelines for ships operating in polar waters were adopted. Again, these were non-mandatory.

Members of the IMO subsequently agreed that these recommendatory guidelines should be replaced by a mandatory code which would set out binding regulations. This new Polar Code utilises existing legal instruments in the form of amendments to the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL) to address safety and environment aspects respectively. The SOLAS amendments were adopted at IMO’s Maritime Safety Committee, in November 2014. Likewise, the Marine Environmental Protection Committee is expected to adopt the associated MARPOL amendments and the Code itself at its next session in May 2015. The expected date of entry into force is 1 January 2017, under the tacit acceptance procedure. It will apply to new ships constructed after that date. For those built before, requirements of the Code will need to be met by the first intermediate or renewal survey.

The Code defines the geographical boundaries and covers the design, construction, equipment and operational issues for ships, as well as the training of seafarers, search and rescue and environmental protection. It sets out goals and functional requirements and is divided into 2 parts. Mandatory and recommendatory safety provisions are in Part I-A and I-B respectively and those for pollution prevention are in Part II-A and II-B.

Ships will be required to have a Polar Ship Certificate issued by its national administration. This involves a survey and an assessment which takes into account the anticipated operating conditions and the hazards that may be encountered. It will identify operational limitations, for example a maximum allowable speed in ice conditions, and plans or procedures for the additional safety equipment necessary to mitigate incidents which might have potential safety or environmental consequences. The certificate is accompanied by a Record of Equipment. Ships will also be required to have a Polar Waters Operational Manual, which will describe operational capabilities and limitations of the vessel, to aid decision making.

 Under the certification process, ships are categorised as follows:

The administrative burden and likely cost of gaining certification to become a polar ship is recognised. Unfortunately, the idea of gaining exemptions from the requirements of the Code for occasional voyages has been rejected.

The applicability of the Code is derived from the instruments bringing it into force. Under SOLAS this is generally for all ships on international voyages, except cargo ships less than 500 gross tonnes and fishing vessels, whereas MARPOL applies to all ships. Future amendments may simply extend the provisions to include all ships operating in polar waters.

As well as improved stability and hull strengthening, the code will require additional equipment, such as two separate echo sounders, search lights for spotting ice and a means of preventing the accumulation of ice on antennas. Ships must have the ability to receive up-to-date ice information and two way voice and or data communications available at all points along their intended route. Lifeboats must be covered or partially covered and be capable of distress alerting and on scene communications. Training guidance stresses the importance for officers in charge of a navigational or engineering watch to have sufficient and appropriate experience in polar waters. Environmental protection includes greater restrictions on discharges, including a total ban on the discharge of oily residues. A ban on use of heavy fuel, however, has not been introduced as a provision, although the existing ban in the Antarctic, introduced in 2011 remains in force.

The loss of the MV Explorer following a collision with an underwater iceberg in the Bransfield Strait in the Antarctic in November 2007, demonstrated the dangers of operating in these remote and hostile regions. The 2,646 ton ship, with 98 passengers and 54 crew onboard, listed quickly, although took 20 hours to finally sink. All onboard abandoned the ship safely, however the ship had only open lifeboats and it was very fortunate that conditions were mild and another ship was in the vicinity to pick up the survivors. The outcome could have been very different, but some of the lessons have provided a very good illustration of the need for firm regulation. It is particularly needed now as the regions become more popular and concerns are raised about sustaining the vulnerable ecosystems. The Code is welcomed, although as with all international conventions, pragmatic interpretation and its fair application by national administrations will be the key to its success.