Implementation of the Polar Code: Functional Requirements Regulating Ship Operations in Polar Waters

Abstract

In 2017, the The International Code for Ships Operating in Polar Waters (Polar Code) – a set of function-based regulations applicable to Arctic and Antarctic waters, with the goal of increasing awareness and improving safety for ship operations in polar waters – entered into force. This article examines the Polar Code’s contribution to the establishment of new standards and guidelines, with the problem under discussion being the extent to which the function-based regulations contribute to enhancing safety for ship operations in the Arctic, given that maritime activities in these waters are associated with great risks and uncertainties. The article gives a historical review, elucidating the background leading to the development of the Polar Code, followed by a review of the structure and key principles of the regulations. Further, ship traffic in the Arctic region and those subject to the Polar Code are examined, followed by a summary of findings and experiences from three survival exercises (SARex I, II and III), performed in northern areas around Svalbard between 2016 and 2018. The article concludes that safe ship operations depend on those subject to the regulations conducting thorough operational risk assessments that cover all potential hazards, in order to mitigate sufficiently. Further, the presence of authorities is found to be crucial, with validation of the adequacy and the dimensioning of the implemented measures being of the essence.

Arctic shipping trends during hazardous weather and sea-ice conditions and the Polar Code's effectiveness.

“…This approach applies to various measures that pertain to a combination of processes, procedures, equipment and systems. Since there is no standardized approach for these procedures, a major part of the responsibility is attributed to the operators themselves 9 .…”

“…Each vessel under the Polar Code regulatory framework must be certified and assigned to a category, based on the sea ice conditions it anticipates to meet. Ship operators need to develop a Polar Waters Operational Manual (PWOM), which specifies how it will avoid hazardous sea-ice and hazardous temperature conditions 9 .…”

Global development in the Arctic: international cooperation for the future

“…However, regulations with a broad mandate and agreed with general consensus are strong and will be adhered to. The key to success was to develop a functional code stating objectives that can be achieved in different ways (Engtrø et al, 2020). The classification societies will thereafter develop detailed rules or standards, whereby the IMO regulations can be fulfilled.…”

Managing Svalbard Tourism: Inconsistencies and Conflicts of Interest

“…However, SAR exercises that tested Polar Code requirements for survival revealed several problems with SOLAScertified rescue equipment. 81 MARPOL, originally adopted in 1973 in response to several tanker accidents, has since been supplemented by several further regulations. In addition to preventing pollution from accidents, it includes specific requirements to prevent operational discharges, such as SOx (sulfur oxides), NOx (nitrogen oxides), and particles, into the air or sewage and garbage into the water, as well as a ban on disposing of plastics.…”