The Minister of Transport, Public Works and Water Management,
Noting Article 8, second paragraph, of the Prevention of
Pollution from Ships Act, and the Articles 13, second paragraph, and 15 of the
Decree on the Prevention of Pollution by Harmful Liquids Carried in Bulk by
Ships;
Decides:
Article 1
In this Regulation the following terms have the following
meanings:
a. Decree: the Decree on the Prevention of
Pollution by Harmful Liquids Carried in Bulk by Ships;
b.
certificate: the Certificate of Fitness for the Carriage of Dangerous
Chemicals in Bulk;
c. BCH Code: the Code for the
Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (Bulk
Chemical Code) adopted by resolution MEPC.20(22) of the Marine Environment
Protection Commission of the International Maritime Organisation.
In the BCH-Code the following terms have the following
meanings:
- Administration: the Inspector-General;
- Annex
II of Marpol 73/78: Annex II to the Convention as referred to under g,
as implemented for the Netherlands in the Decree;
- Anniversary
date: the date of issue of the first certificate, in any calendar year,
following the year in which this certificate has been issued;
d. Chapter II-2 of the 1983 Solas amendments: the
International Convention for the Safety of Life at Sea adopted on 1 November
1974 in London (Treaties Journal 1976, 157), as implemented for the Netherlands
in Annex IV to the Ships Decree 1965;
e. International
Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk: the
certificate;
f. Convention on Load Lines: the
International Convention on Load Lines adopted on 5 April 1966 in London
(Treaties Journal 1966, 275), as implemented for the Netherlands in Annex I to
the Ships Decree 1965;
g. Marpol 73/78: the Convention;
h. Noxious liquid substance: a noxious liquid
substance as referred to in Article 1, under f, of the Decree;
i. Port Administration: the competent authority of the state in
whose port the ship loads or unloads;
j. should: must;
k. Special Area: a special area as described in
Article 1, under g, of the Decree;
l. Standards for
Procedures and Arrangements Manual: the procedures and arrangements, as referred
to in the Regulation Standards.
Article
1a
1. The technical standards or technical requirements
determined in this Regulation are equated with equivalent technical standards or
technical requirements, established by or on behalf of another member state of
the European Union or by or on behalf of a state which is party to the Agreement
on the European Economic Area.
2. The type approvals
required by this Regulation are equated with equivalent type approvals, required
by or on behalf of another member state of the European Union or by or on behalf
of a state which is party to the Agreement on the European Economic Area.
Article 2
1. The BCH Code is applicable to chemical tankers built
before 1 July 1986.
2. The paragraphs 1.1, 1.5, 1.6 and
1.8 of Chapter I of the BCH Code are not applicable.
Artikel 3
1. In addition to the provisions in Article 2, if it is
intended to carry a substance or a mixture of substances in bulk by ship, which
substance or which mixture is included neither in Chapter VI nor in Chapter VII
of the BCH Code, the operator informs the Inspector-General in writing of his
intention on time, before the carriage will take place while stating:
a. the correct technical name of the substance or of
the components of the mixture;
b. in case of a mixture:
the proportion in which the components occur; and
c.
the dangers which the substance or the mixture presents.
2. The Inspector-General may conditionally allow the carriage by
chemical tankers after examination of the given properties of the substance, in
anticipation of more specific conditions to be agreed upon internationally.
Article 4
The Articles 10 and 11, second and fourth paragraphs, of the
Decree are equally binding to the survey and the certification of chemical
tankers.
Article 5
1. If, after a survey as referred to in Article 4, it
appears that a chemical tanker complies with the applicable requirements, the
Inspector-General issues the certificate.
2. As regards
the period of validity and the validity, Article 12 of the Decree is equally
binding to the certificate.
Article 6
1. The model of the certificate is established in
accordance with the model in the appendix to the BCH Code.
2. The text of the certificate is put in the Dutch language and in
the English or French language.
Article
7
In addition to paragraph 2.12 of Chapter II of the BCH Code,
the hoses as referred to have sufficient electroconductive power to prevent
electrostatic charging.
Article 8
In addition to the footnote with paragraph 3.11 of Chapter III
of the BCH Code, if the exemption as referred to is granted, an additional
amount of compressed air is available on board and an annotation is put on the
certificate which draws attention to paragraph 5.4.1(b) of Chapter V of the BCH
Code.
Article 9
As a deviation from paragraph 3.13.3 of Chapter III of the BCH
Code, the use of Halon 2402 is not allowed.
Article 10
Instead of item 3.16.11 of Chapter III of the BCH Code, the
following requirements apply:
1. The medical equipment,
as referred to in Article 130h of the Ships Decree 1965, is completed with the
following volume of oxygen:
a. 3 bottles with a volume
of at least 2 litres, filled with oxygen under a pressure of 200 bar as a backup
for the portable apparatus; and
b. 1 bottle with a
volume of at least 40 litres, filled with oxygen under a pressure of 200 bar,
positioned near the hospital or accommodation where the sick berth is, and
connected such that the breathing apparatus pod can get oxygen from the bottle
in the hospital, or in the accommodation as referred to.
2.
In connection with the fire risk provided by oxygen under pressure, the
storage of the backup oxygen takes place in a suitable manner.
3. The storage space has been equipped for containing all spare
cylinders, where the 40 litres-bottle has been arranged vertically.
4. The arrangement as much as possible corresponds to
the following drawing which has been sketched as an example.
Open lucht : Open air
ventilatie opening : vent
afsluitbare deur : lockable door
40 ltr fles : 40 litres-bottle
afsluiter : valve
aansluiting reduceer : connection reducer
hogedrukleiding te persen op 300 bar : high pressure line to be pressed at 300 bar
3 reserve flessen (2 liter) : 3 spare bottles (2 litres)
Hospitaal of hut met ziekenkooi : Hospital or cabin with sick berth 5. The key of the valve of the 40 litres-bottle has been stored near the bottle, provided that this key has been fitted to the valve during usage. The key of the lockable door has been stored in a conspicious place within the hospital, or within the accommodation where the sick berth is.
6. The high pressure line is as short as possble. If a short connection is not possible because of the location of the hospital or of the accommodation where the sick berth is, Notice to Shipping no. 35/1965 is followed as a guideline with regard to the arrangement of oxygen bottles.
7. When it is put into operation, care will be taken that the lines are completely clean and fat-free.
Article 11
Instead of the provisions in paragraph 3.16.12 of Chapter III of the BCH Code will be read:
There are one or more contamination showers, as well as eye-washes, available on clearly indicated positions on deck. The showers, provided with a control by means of a pedal, have been connected to the fresh water line and they are ready for immediate use during loading and unloading. The contamination showers and the eye-washes can be used in all weather conditions. The eye-washes should be carried out to the satisfaction of the Inspector-General.
Article 12
The remote control valve as referred to in paragraph 4.7.22 of Chapter IV of the BCH Code only needs to be fitted if propylene oxide will actually be carried.
Article 13
In addition to the operational requirements of the BCH Code:
a. during loading and unloading all doors, sidescuttles and other openings through which gasses possibly can penetrate in deckhouses and superstructures, are kept closed;
b. the doors which should be kept closed are provided with a notice to that end;
c. the ventilation is adjusted such that, taking into account the atmospheric circumstances, it is prevented that gasses penetrate in the accommodations and service areas;
d. during loading and unloading only the loading and unloading lines of the ship are used;
e. hoses with open ends are not used;
f. during loading and unloading is taken care of possible dangers, resulting from electrostatic charge, being minimized.
Article 13a
1. An amendment to the BCH Code will be effective for the purpose of this Regulation as of the day on which the amendment involved enters into force internationally.
2. An amendment as referred to in the first paragraph is reported in the Government Gazette, stating the date of entry into force.
Article 13b
The BCH Code and its amendments are available for inspection with the Ministry of Transport, Public Works and Water Management.
Article 14
This Regulation enters into force as of 1 March 1997.
Article 15
This Regulation is quoted as: Regulation BCH Code.
This Regulation, together with its Explanatory Notes, will be published in the Government Gazette, except for the Annex, which is made available for inspection with the Directorate-General Shipping and Maritime Affairs, Bordewijkstraat 4 in Rijswijk, and with the Shipping Inspectorate, 's-Gravenweg 665 in Rotterdam.
The Hague, 3 February 1997
The Minister of Transport, Public Works and Water Management,
A. Jorritsma-Lebbink