Discharges in Polar Waters: MARPOL Requirements and Polar Code Part II-A
In the Arctic, discharging oil is banned with no exceptions — not merely restricted as in other waters: Polar Code Part II-A layers stricter restrictions on top of those already set by MARPOL for polar waters.
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. In the Arctic, the discharge of oil or oily mixtures is banned with no exceptions for any ship, replicating the approach already in force for Antarctica, which has been a MARPOL Special Area since the 1990s.
Equivalent restrictions apply to noxious liquid substances (Annex II), sewage (Annex IV) and garbage (Annex V): the Polar Code overrides the normal discharge permissions under Annex V, applying in addition and always more restrictively, both in the Arctic and in Antarctica.
Regulatory Reference
Polar Code Part II-A (mandatory since 2017, incorporated into MARPOL Annexes I, II, IV and V): absolute ban on oil discharge in the Arctic; equivalent restrictions for NLS, sewage and garbage. Since 1 July 2024, the ban on using and carrying Heavy Fuel Oil (HFO) as fuel in Arctic waters has also been in force (MARPOL Annex I amendment). 2023 amendments to the Polar Code, expected in force from 1 January 2026, extend further navigation safety requirements to fishing vessels, pleasure yachts and cargo ships of 300-500 GT.
Scope of Application
Every ship operating in Arctic or Antarctic waters as defined by the Polar Code, with the Master responsible for applying the stricter discharge restrictions of Part II-A, in addition to — not instead of — standard MARPOL requirements.
Procedure / How to Complete It
- Check whether the planned route crosses Arctic or Antarctic waters as defined by the Polar Code, before departure.
- Apply the absolute ban on discharging oil or oily mixtures throughout the entire transit through Arctic waters, without the exceptions available elsewhere under MARPOL Annex I.
- Verify compliance with the ban on using and carrying HFO as fuel in Arctic waters, in force since 1 July 2024, including any applicable exemptions.
- Apply the Polar Code discharge restrictions for NLS, sewage and garbage, checking that they override — rather than simply match — normal MARPOL permissions.
- Document, in the Oil Record Book and other relevant logs, the application of Polar Code restrictions during the polar transit.
Practical Example
Example: a ship transiting the Canadian Arctic plans the voyage by verifying in advance that no discharges of any kind of oil will occur during the entire polar leg, and confirms compliance with the HFO ban in force since 2024, coordinated with the Fuel Oil Changeover already planned for the region's new ECAs active from 2026.
Real Cases
Common Mistakes Mistake Library
| Mistake | Consequence | How to avoid it |
|---|---|---|
| Applying only the standard MARPOL rules during a transit through polar waters, without considering the additional restrictions of Polar Code Part II-A | Discharge non-compliant with the stricter restrictions specifically applicable in polar waters | Always verify the applicability of Polar Code Part II-A, which overrides — not merely coincides with — standard MARPOL |
| Voyage planning for the Arctic that does not check the HFO ban in force since 2024 | Non-compliant carriage or use of HFO fuel in a banned area | Verify compliance with the HFO ban and any applicable exemptions before planning an Arctic transit |
| Garbage discharge permissions applied per the standard Annex V limits even in polar waters | Non-compliance with the stricter garbage restrictions specifically set by the Polar Code | Always apply the Polar Code garbage restrictions, stricter than the normal Annex V permissions, during the polar transit |
PSC Observations
Operational Tips
- Do not treat the Polar Code as an optional appendix to MARPOL: Part II-A introduces mandatory, stricter restrictions, not merely additional recommendations.
- Always check the HFO ban in force since 2024 when planning any transit through Arctic waters, including any applicable national exemptions.
- Remember that Polar Code discharge restrictions apply both in the Arctic and in Antarctica, with the same conservative approach long established for the Antarctic area.
Checklist
- Route checked against the Polar Code's definition of polar waters before departure
- Absolute ban on oil discharge applied throughout the entire Arctic transit
- Compliance with the HFO ban (since 2024) verified for the planned transit
- Polar Code restrictions for NLS, sewage and garbage correctly applied
- Voyage documentation demonstrating specific planning for polar restrictions