Discharges in Polar Waters: MARPOL Requirements and Polar Code Part II-A
In the Arctic, discharging oil is prohibited — but not «without exceptions»: the resolution that introduced the ban amended Regulation 4 of Annex I precisely in order to preserve them. And the Polar Code is not only about oil: for sewage and garbage it sets precise distances and sizes.
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 with an absolute prohibition (Regulation 15.4). 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 comminuted and disinfected under Regulation 11.1.1: at a distance of more than 3 nautical miles from any ice-shelf or fast ice, and in any case as far as practicable from areas of ice concentration exceeding 1/10;
- sewage neither comminuted nor disinfected: at a distance of more than 12 nautical miles from any ice-shelf or fast ice, with the same ice-concentration constraint;
- ship with an approved sewage treatment plant meeting Regulation 9.1.1 or 9.2.1: discharge under Regulation 11.1.2, as far as practicable from the nearest land, from any ice-shelf, fast ice or concentration exceeding 1/10, with no fixed distance.
Category A and B ships and all passenger ships constructed on or after 1 January 2017 may discharge only through an approved treatment plant: for them the first two routes are closed. Paragraph 4.2.3 closes those same two routes to a second group of ships, and with no condition as to date of construction: “Notwithstanding the requirements of paragraph 4.2.1, category A and B ships that operate in areas of ice concentrations exceeding 1/10 for extended periods of time, may only discharge sewage using an approved sewage treatment plant certified by the Administration to meet the operational requirements in either regulation 9.1.1 or 9.2.1 of MARPOL Annex IV”. A category A or B ship operating for extended periods in areas of ice concentration exceeding 1/10 therefore has the approved plant as its only route, whether it was constructed before or after 1 January 2017. Ice-shelf and fast ice are not synonyms for pack ice: the first is a floating sheet of considerable thickness attached to the coast, the second is sea ice frozen fast along the shore. The distance is measured from those, not from ice in general.
Annex V — garbage: 12 miles, 25 millimetres, and the ban on discharging onto ice
In Arctic waters, discharge permitted under Regulation 4 of Annex V must additionally meet four conditions the page had never named:
- food wastes may be discharged only 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 the Antarctic area, chapter 5 asks two things: discharge permitted under Regulation 6 of Annex V must be as far as practicable from concentrations exceeding 1/10 and in any case not less than 12 nautical miles from the nearest fast ice — here the text names only fast ice, not the ice-shelf — and the ban on discharging food waste onto ice applies here too.
Regulatory Reference
Polar Code Part II-A (mandatory since 2017, incorporated into MARPOL Annexes I, II, IV and V): discharge of oil and oily mixtures prohibited in Arctic waters (para. 1.1.1, save clean or segregated ballast under para. 1.1.2); discharge of NLS prohibited in Arctic waters (para. 2.1.1); sewage permitted in all polar waters at 3 miles from ice-shelf or fast ice if comminuted and disinfected, 12 miles if not, with no fixed distance where an approved treatment plant is fitted (sect. 4.2); for category A and B ships operating for extended periods in areas of ice concentration exceeding 1/10 an approved plant meeting Regulation 9.1.1 or 9.2.1 is the only route allowed, whatever the date of construction (para. 4.2.3); food wastes in the Arctic not less than 12 miles, comminuted to 25 mm, never onto ice, carcasses prohibited (sect. 5.2); hold washing water containing cargo residues, only where the three conditions of para. 5.2.1.5 are met, as far as practicable from ice concentrations exceeding 1/10 and in any case not less than 12 miles from the nearest land, ice-shelf or fast ice (para. 5.2.1.5.4). The exceptions in Regulations 4 (Annex I), 3 (Annexes II and IV) and 7 (Annex V) remain available: their chapeaux were amended by resolution MEPC.265(68) precisely in order to extend them to the polar prohibitions. The text of the Code is in resolution MEPC.264(68). 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, Regulation 43A, introduced by resolution MEPC.329(76), in force since 1 November 2022). Regulation 43A has, however, two dates: para. 2 sets the ban running from 1 July 2029 for ships to which Regulation 12A of Annex I or para. 1.2.1 of chapter 1 of part II-A of the Polar Code applies, and para. 4 provides that temporary waivers do not apply on or after 1 July 2029. 2023 amendments to the Polar Code, in force since 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.
- Discharge no oil and no oily mixtures for the whole transit through Arctic waters: the paragraph 1.1.1 prohibition has no thresholds and no operational conditions. The exceptions in Regulation 4 of Annex I — safety of the ship, saving life at sea, damage, approved anti-pollution substances — remain available, resolution MEPC.265(68) having expressly extended them to the polar prohibition. If one of them arises, the Oil Record Book entry must be written as such, with the circumstances.
- Verify compliance with the ban on using and carrying HFO as fuel in Arctic waters, in force since 1 July 2024 (Annex I, Regulation 43A, para. 1), including any applicable exemptions. For ships to which Regulation 12A of Annex I or para. 1.2.1 of chapter 1 of part II-A of the Polar Code applies, the ban instead runs from 1 July 2029 (para. 2); from that same date temporary waivers cease to apply (para. 4).
- For sewage, measure the distance from ice-shelf and fast ice, not from the coast: 3 miles if comminuted and disinfected, 12 if not, no fixed distance with an approved plant. On category A and B ships and on all passenger ships constructed on or after 1 January 2017, the approved plant is the only route. The same applies, whatever the date of construction, to category A and B ships operating for extended periods in areas of ice concentration exceeding 1/10 (para. 4.2.3).
- For food wastes in the Arctic: not less than 12 miles from land, ice-shelf or fast ice, comminuted to 25 mm, not contaminated by other garbage, never onto the ice. Animal carcasses are not discharged. For NLS in the Arctic there is no permitted discharge.
- 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, designated from 1 March 2026 with the SOx/PM limits applicable from 1 March 2027.
What Typically Goes Wrong
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 |
| Food wastes discharged per the standard Annex V limits (3 miles if comminuted, 12 otherwise) even in Arctic waters | Non-compliant discharge: in the Arctic the minimum distance is 12 miles in every case, comminution must be to 25 mm, and nothing may end up on the ice | In the Arctic apply the figures in section 5.2: 12 miles from land, ice-shelf or fast ice, a 25 mm screen, the ban on discharging onto ice and the ban on discharging carcasses |
What the PSCO Checks
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: the temporary waivers provided for in paragraph 4 of Regulation 43A of Annex I do not apply on or after 1 July 2029.
- Do not assume every chapter of Part II-A covers both regions: chapters 1 (oil) and 2 (NLS) speak of Arctic waters, chapter 4 (sewage) of all polar waters, chapter 5 (garbage) distinguishes the Arctic from the Antarctic area with different figures. In Antarctica the oil prohibition comes from Annex I anyway, which treats the area as a Special Area (Regulation 15.4).
- “Prohibited” does not mean “no lawful route in an emergency”. The exceptions in Regulations 4, 3 and 7 were extended to the polar prohibitions on purpose: telling yourself they do not exist leads to deciding badly at exactly the moment they are needed.
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.
- Route checked against the Polar Code's definition of polar waters before departure
- No discharge of oil or oily mixtures for the whole Arctic transit — and, where a Regulation 4 exception was relied on, circumstances recorded in the Oil Record Book
- Compliance with the HFO ban verified for the planned transit — 1 July 2024 as a general rule, 1 July 2029 for ships subject to Regulation 12A of Annex I or to para. 1.2.1 of chapter 1 of part II-A of the Polar Code
- Sewage: distance from ice-shelf or fast ice verified (3 miles comminuted and disinfected, 12 otherwise) or approved treatment plant in operation — for category A and B ships operating for extended periods in ice concentration exceeding 1/10 the approved plant is the only route, whatever the date of construction (para. 4.2.3)
- Food wastes: 12 miles, comminution to 25 mm, nothing discharged onto ice, no carcasses
- NLS: no discharge in Arctic waters
- Voyage documentation demonstrating specific planning for polar restrictions
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Last substantive revision of this page: 19 August 2026 · page fingerprint ff9436f95915