Low levels of payments and incentive programmes as compared to the private industry in same port area.

4.3.2. F * o l JLxjct. ± c 3in

4.3.2.1. Sources end effects:

This aspect has been given due consideration by the Port Administration in Aqaba. The reason behind that is not only the protection of marine life and rich resources of corals in the Gulf waters , but also because of the fact that the Gulf itself is a small confined area of waters with a very narrow entrance forming what might be considered as a big body of water. Evidently,any incident resulting from any pollution hazard would have greater effect than if it had been in open seas. Because of that, it is imperative to protect the Gulf from any potential source of pollution.

Obviously,many regulations were issued by the Port's Administration aiming at preventing pollution and for the effective control of any potential source of it in the territorial waters. Main causes of pollution in Jordan's waters are oil, phosphate and other dangerous cargoes

handled in the Port, in addition to urban and industrial

pollution in the area.

Pollution to waters as a result of shipping and port activities in the area was firstly organized by the Ships Regulation No. 51 of 1961 ( annex 5 > in its article 18-a which forbids throwing of any garbage, hazardous substan­ ces and chemicals or any other materials in to the water or on land. Paragraph b, forbids any hazardous liquids or chemical substances, oils or lubricating oils being left to flow onto land or in the water and not taking necessary preventive measures to prevent such incidents.

In another part of article f, it is also forbidden to

leave any cargo with bad smell on quays.

In 1975, these regulations were amended. Amendment

was to the article that deals with fines. It now states:

"Any ship violating paragraphs a and b of article 16 will be subject to a fine not less than one thousand Jordan Dinars and hot exceeding ten thousand J.Dinars. Damages

caused are also recoverable accordingly."

In fact, this huge fine for any one single pollution

incident caused by a ship ( 2,500 - 25,000 USt), is

one of the main protective measures taken by the

Administration, and proved its effectiveness with the

course of years because it is also announced to ships' masters when arriving in the port.

Pollution from other sources, i.e. garbage was dealt

with in the port's regulations where services are

rendered to all ships in port by the daily distribution of garbage bags to all ships and the collection of such with a sp&cial barge from ships at anchorage and by trucks at quays. (Port Tarrif Regulation no 50 of 1964, table 3/9).

Pollution to the Gulf waters from phosphate dust loaded at the Port is causing great harm to marine resources specially to the famous Gulf corals.This is due to the continuous precipitation of phosphate molecules.lt was once estimated by the Jordan Phosphate Company (JPC),

in the early 60s that the quantity of phosphate lost in the water during loading times reaches as much as 65.000 tons every year. This represents a pjsrcentage of 1 X of the annual exports at that time.

4.3.2.2. Procedures for action

The Port has not experienced any incident except for small minor ones. Nevertheless, there are some precau­ tions and measures that are considered when the need arises. Greater attention is noeadays given to this concept.This is mainly due to the huge increases in oil exports via the port. Oil has become a major substance transported both ways of the trade. The size of oil exports via the port / in transit trade, has increased from SOO.OOO tons per year in 1982 and 1983 to one million tons in 1984 and to more than 1.5 million tons in 1985. In 1986 larger increases will be experienced due to the erection of the new specialized oil jetty.

Measures used in pollution prevention in the port are administrative, and technical measures. The first is stipulated in the Port's regulations as afore mentioned. A circular was recently issued in January 1986, for the control of pollution that might be caused by oil tankers visiting the port.Jordan has acceded to MARPOL 73. The MARPOL Protocol has not yet been acceded to even if the accession to MARPOL 73 is considered insufficient by IMO

itself because any state cannot safely adopt and

implement MARPOL standards in full without the accession to its two instruments which are regarded as one unit and

thus cannot be separately tackled or dealt with. This

circular mentioned before, " Port Instructions and

Regulations to Recieve and Serve Oil Tankers ", (annex 6> requires from all tankers calling at the port to comply

with certain standards in line with MARPOL 73/78 and

OCIMF/ICS for ship transfer guide for the safety and pre­ vention of pollution in port. The circular forbids any discharge of ballasted waters except segregated ballast

water in the port area. According to this paper.discharge criteria within special areas ( including the Red Sea > specifies that no discharge is allowed except clean or segregated ballast. Accordingly clean ballast neans any

ballast in a tank that has been so cleaned that its

ef f Itient does not create a visible sheen or the oil

content does not exceed 15 ppm ( Regulation K 1 6 > of

MARPOL 73/78 ) The circular declines to mention the

requirements for COW system and a separate piping and

pumping system together with the protective location of

SBT.

It should be mentioned here that the MARPOL Protocol of 1978 defines the concept of new tankers and existing ones. A concept that cannot be disputed by any state not ratifying or acceding to this instrument against any party not complying with its requirements.