Prevention of Pollution by harmful substances carried by sea in packaged form rules 2026

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-16072026-274545 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 538] | NEW DELHI, WEDNESDAY, JULY 8, 2026/ASHADHA 17, 1948 5128 GI/2026 | (1) 2 | THE GAZETTE OF INDIA : EXTRAORDINARY | [PART II—SEC. 3(i)] 4 | THE GAZETTE OF INDIA : EXTRAORDINARY | [PART II-SEC. 3(i)] SCHEDULE II [See rule 4] Criteria for the Identification of Harmful Substances in Packaged Form For the purposes of these rules, substances, other than radioactive materials, identified by anyone of the following criteria are harmful substances: 1. Acute (short-term) aquatic hazard Category: Acute 1 96 hr LC50 (for fish) | ≤ 1 milligram/liter; and/or 48 hr EC50 (for crustacea) | ≤ 1 milligram/liter; and/or 72 hr ErC50 (for algae or other aquatic plants) | ≤ 1 milligram/liter. 2. Long-term aquatic hazard (1) Non-rapidly degradable substances for which there are adequate chronic toxicity data available. [PART II-SEC. 3(i)] | THE GAZETTE OF INDIA : EXTRAORDINARY | 5 Category Chronic 1: Chronic NOEC or ECx (for fish) | ≤ 0.1 milligram/liter and/or Chronic NOEC or ECx (for crustacea) | ≤ 0.1 milligram/liter and/or Chronic NOEC or ECx (for algae or other aquatic plants) | ≤ 0.1 milligram/liter. Category Chronic 2: Chronic NOEC or ECx (for fish) | ≤ 1 milligram/liter and/or Chronic NOEC or ECx (for crustacean) | ≤ 1 milligram/liter and/or Chronic NOEC or ECx (for algae or other aquatic plants) | ≤ 1 milligram/liter (2) Rapidly degradable substances for which there are adequate chronic toxicity data available. Category Chronic 1: Chronic NOEC or ECx (for fish) | ≤ 0.01 milligram/liter and/or Chronic NOEC or ECx (for crustacea) | ≤ 0.01 milligram/liter and/or Chronic NOEC or ECx (for algae or other aquatic plants) | ≤ 0.01 milligram/liter. Category Chronic 2: Chronic NOEC or ECx (for fish) | ≤ 0.1 milligram/liter and/or Chronic NOEC or ECx (for crustacea) | ≤ 0.1 milligram/liter and/or Chronic NOEC or ECx (for algae or other aquatic plants) | ≤ 0.1 milligram/liter. (3) Substances for which adequate chronic toxicity data not available. Category Chronic 1: 6 | THE GAZETTE OF INDIA : EXTRAORDINARY | [PART II-SEC. 3(i)] [F. No. SY-19014/198/2025-MG(ii)] MUKESH MANGAL, Addl. Secty. MINISTRY OF PORTS, SHIPPING AND WATERWAYS NOTIFICATION New Delhi, the 8th July, 2026 G.S.R. 596(E). — In exercise of the powers conferred by sub-sections (1) and (2) of section 134, and sub-section (2) of section 135 read with sub-sections (1) and (2) of section 143 of the Merchant Shipping Act, 2025 (24 of 2025), and in supersession of the Merchant Shipping (Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form) Rules, 2010, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely: (1) Short title and commencement. —(1)These rules may be called the Merchant Shipping (Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form) Rules, 2026. They shall come into force on the date of their publication in the Official Gazette. Application. — (1)These rules shall apply to all vessels carrying harmful substances in packaged form, which are subject to the provisions of section 131 of the Act. [भाग II- खण्ड 3(i)] | भारत का राजपत्र : असाधारण | 7 (1) These rules shall not apply to vessel's stores and equipment. 3. Definitions. — (1) In these rules, unless the context otherwise requires, — (a) "Act" means the Merchant Shipping Act, 2025 (24 of 2025); (b) "harmful substance” means any substance or form of energy, which, if introduced into the sea or air, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea or air and includes any substance subject to control by any of the conventions to which India is a party and includes substances which are identified as marine pollutants in the International Maritime Dangerous Goods Code or which meet the criteria as specified in the Schedule II of these rules; (c) "IMDG Code" means the International Maritime Dangerous Goods Code adopted by the International Maritime Organization (IMO), as amended from time to time; (d) "Organisation" means the International Maritime Organization; (e) "packaged form" means the form of containment specified for harmful substances in the International Maritime Dangerous Goods Code; (f) "Schedule" means the Schedule annexed to these rules containing the requirements of Annex III of the International Convention for the Prevention of Pollution from Ships, 1973 as amended from time to time. (2) Words and expressions used in these rules and not defined but defined in the Act shall have meanings respectively assigned to them in the Act. 4. Carry of harmful substances. —(1)The carriage of harmful substances in packaged form by vessels is prohibited, except in accordance with the provisions of these rules and the Schedules annexed here to. (2) Every vessel carrying harmful substances in packaged form shall comply with the requirements of the International Maritime Dangerous Goods Code, as amended from time to time. (3) The empty packages which have been used previously for the carriage of harmful substances shall themselves be treated as harmful substances unless adequate precautions have been taken to ensure that they contain no residue that is harmful to the marine environment. 5. Exceptions. —(1) Jettisoning of the harmful substances carried in packaged form is prohibited except where necessary for the purpose of securing the safety of the vessel or saving life at sea. (2) Subject to the provisions of these rules, appropriate measures based on the physical, chemical and biological properties of harmful substances shall be taken to regulate the washing of leakages overboard: Provided that compliance with such measures would not impair the safety of the vessel and persons on board. 6. Port State Control. — (1) A vessel when in a port or an offshore terminal in India is subject to inspection by the surveyor or an authorised person, concerning operational requirements under these rules. (2) Where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by harmful substances, the surveyor or an authorised person shall take such steps, including carrying out detailed inspection and, if required, will ensure that the vessel shall not sail until the situation has been brought to order in accordance with the requirements of these rules. 8 | THE GAZETTE OF INDIA: EXTRAORDINARY | [PART II-SEC. 3(i)] (3) Nothing in this rule shall be construed to limit the rights and obligations of the Central Government carrying out control over operational requirements specifically provided for in the Act or rules made thereunder or the International Convention for the Prevention of Pollution from Ships, 1973. 7. Penalties and enforcement. — (1) Any contravention of these rules or failure to comply with any requirement thereof shall be liable to penalties as specified in the Act. (2) Any person who operates any vessel in contravention of the provisions of these rules, and for which no penalty is provided under sub-section (2) of section 281 of the Act, shall be liable to penalty which may extend to fifty thousand rupees, and if the breach is a continuing one, with further penalty which may extend to five thousand rupees for every day after the first day during which the breach continues. (3) The imposition of a penalty or the detention of a vessel under these rules does not absolve the owner or master from the requirement of rectifying the non-compliance. SCHEDULE I [See rule 4] TECHNICAL REQUIREMENTS 1. Packing. - Packages shall, having regard to their specific contents, be adequate to minimize hazard to the marine environment and shall comply with the requirements of International Maritime Dangerous Goods Code. 2. Marking and labelling. — (1) Packages containing harmful substances shall be durably marked and labelled with the correct technical name (including trade name), International Maritime Dangerous Goods Code number, and marine pollutant indication. (2) For the purpose of durable marking and labelling, the durability of the materials used and of the surface of the package shall be taken into account. (3) The method of marking correct technical name and of affixing labels on packages containing harmful substances shall be such that information written on packages shall remain identifiable even after at least three months of immersion in the sea. (4) Packages containing small quantities of harmful substances which are exempted under the International Maritime Dangerous Goods Code shall also be exempted from marking and labelling under the provisions of sub-paragraph (1) to (3). 3. Documentation. — (1)In all documents relating to the carriage of harmful substances by sea, the correct technical name of each such substance including its trade name shall be used and shall be identified by adding the words "MARINE POLLUTANT". (2) The shipping documents supplied by the shipper shall include or be accompanied by a signed certificate or declaration that the shipment offered for carriage is properly packaged and marked, appropriately labelled or placarded in proper condition for carriage to minimize the hazard to the marine environment. (3) Each vessel carrying harmful substances shall have a special list or manifest setting forth the harmful substances on board and the location thereof or a detailed stowage plan setting out the location of the harmful substances on board in the place of such special list or manifest and (a) copies of such documents shall be retained on shore by the owner of the vessel or his representative until such harmful substances are unloaded; and [भाग II- खण्ड 3(i)] | भारत का राजपत्र : असाधारण | 9 (b) before departure, copies of such documents shall be made available to the person authorised by the port state authority. (4) When the vessel carries a special list or manifest or a detailed stowage plan required for the carriage of dangerous goods in accordance with the applicable rules made under the Act, the documents required for carriage of dangerous goods under those rules may be combined with the documents required for carriage of harmful substances under these rules: Provided that where documents are so combined, a clear distinction shall be made between dangerous goods and harmful substances. 4. Stowage. — Harmful substances shall be properly stowed and secured as per requirements developed by organisation so as to minimise the hazards to the marine environment without impairing the safety of the vessel and persons on board. Explanation: Requirements developed by organisation means the requirements as per International Maritime Dangerous Goods Code adopted by the International Maritime Organization, as amended from time to time. 5. Quantity limitations. — Where, for sound scientific and technical reasons, carriage of harmful substances onboard of a vessel is either prohibited or limited in quantity, while limiting the quantity, due consideration shall be given to size, construction and equipment of the vessel, as well as the packaging and the inherent nature of the substances. SCHEDULE II [See rule 4] Criteria for the Identification of Harmful Substances in Packaged Form For the purposes of these rules, substances, other than radioactive materials, identified by anyone of the following criteria are harmful substances: 1. Acute (short-term) aquatic hazard Category: Acute 1 96 hr LC50 (for fish) | ≤ 1 mg/l and/or 48 hr EC50 (for crustacea) | ≤ 1 mg/l and/or 72 r 96 hr ErC50 (for algae or other aquatic plants) | ≤ 1 mg/l 2. Long-term aquatic hazard (1) Non-rapidly degradable substances for which there are adequate chronic toxicity data available. Category Chronic 1: Chronic NOEC or ECx (for fish) | ≤0.1 mg/l and/or Chronic NOEC or ECx (for crustacea) | ≤0.1 mg/l and/or Chronic NOEC or ECx (for algae or other aquatic plants) | ≤ 0.1 mg/l Category Chronic 2: Chronic NOEC or ECx (for fish) | ≤ 1 mg/l and/or Chronic NOEC or ECx (for crustacea) | ≤ 1 mg/l and/or Chronic NOEC or ECx (for algae or other aquatic plants) | < 1 mg/l (2) Rapidly degradable substances for which there are adequate chronic toxicity data available. 10 | THE GAZETTE OF INDIA : EXTRAORDINARY | [PART II-SEC. 3(i)] Category Chronic 1: Chronic NOEC or ECx (for fish) | ≤ 0.01 mg/l and/or Chronic NOEC or ECx (for crustacea) | ≤ 0.01 mg/l and/or Chronic NOEC or ECx (for algae or other aquatic plants) | ≤ 0.01 mg/l Category Chronic 2: Chronic NOEC or ECx (for fish) | ≤ 0.1 mg/l and/or Chronic NOEC or ECx (for crustacea) | ≤ 0.1 mg/l and/or Chronic NOEC or ECx (for algae or other aquatic plants) | ≤ 0.1 mg/l (3) Substances for which adequate chronic toxicity data not available. Category Chronic 1: 96 hr LC50 (for fish) | < 1 mg/l and/or 48 hr EC50 (for crustacea) | ≤ 1 mg/l and/or 72 or 96 hr ErC50 (for algae or other aquatic plants) | ≤ 1 mg/l and the substance is not rapidly degradable and/or the experimentally determined BCF is ≥ 500 (or, if absent the log Kow ≥ 4). Category Chronic 2: 96 hr LC50 (for fish) | >1 mg/l but ≤ 10 mg/l and/or 48 hr EC50 (for crustacea) | >1 mg/l but ≤ 10 mg/l and/or 72 or 96 hr ErC50 (for algae or other aquatic plants) | >1 mg/l but ≤ 10 mg/l and the substance is not rapidly degradable and/or the experimentally determined BCF is ≥ 500 (or, if absent the log Kow ≥ 4). Additional guidance on the classification process for substances and mixtures is included in the International Maritime Dangerous Goods Code. [F. No. SY-19014/198/2025-MG(ii)] MUKESH MANGAL, Addl. Secty. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. VINOD | Digitally signed by KUMAR | VINOD KUMAR | Date: 2026.07.16 | 14:46:17 +05'30'