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 International Certificate of Fitness for the Carriage of
Dangerous Chemicals in Bulk;
c. IBC Code: the International
Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in
Bulk (International Bulk Chemical Code) adopted by resolution MEPC.19(22) of the
Marine Environment Protection Commission of the International Maritime Organisation.
In the IBC 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 calender 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.
International 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;
m. recognized standards:
applicable and for the Inspector-General acceptable international or national
standardized standards, or standardized standards of a classification society
appointed on the basis of Article 6 of the Ships Act.
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 IBC Code is applicable to chemical tankers built on
or after 1 July 1986.
2. The paragraphs 1.1.1, 1.1.3,
1.3.2.3, the last phrase of paragraph 1.4.1, the paragraphs 1.4.2 and 1.5 of Chapter
1 and paragraph 10.1.3 of Chapter 10 of the IBC Code are not applicable.
Article 3
1. In addition to Article 2, if it is intended to carry a
substance or a mixture of substances in bulk by chemical tanker, which substance or
which mixture is included neither in Chapter 17 nor in Chapter 18 of the IBC 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 IBC 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 the requirements in Chapter 10 of the IBC Code is
also complied with the applicable Recommendations for Electrical Installations,
published by the International Electrotechnical Commission (IEC), as described in
the Notice to Shipping of 7 October 1986, no. 204/1986, containing more specific
rules for electrical installations (Gov.Gaz. 199).
Article 8
The footnote as referred to in paragraph 3.3.4 of Chapter 3 of the
IBC Code is read as follows:
Reference is made to the
'Recommendation on Safe Access to and Working in Large Tanks' (Resolution
A.272(VIII), as amended by Resolution A.330 (IX)) which has been processed in the
Notice to Shipping of 20 July 1982, no. 175/1982, regarding the safe access to tanks
on tankers (Gov.Gaz. 149).
Article 9
The provisions in paragraph 11.2.1.2 of Chapter 11 of the IBC Code
are only allowed on chemical tankers built before 1 January 1993, where, moreover,
the use of Halon 2402 is not allowed.
Article
10
In addition to paragraph 13.2.3 of Chapter 13 of the IBC 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 the paragraphs 14.2.4 of Chapter 14 and 16.4.2.2 of Chapter 16 of the IBC Code.
Article 11
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 backup oxygen takes
place in a suitable manner.
3. The storage space has been
equipped for containing all spare cylinders, where the 40 litres-bottles have 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
possible. 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 12
Instead of the provisions in paragraph 14.2.10 of Chapter 14 of
the IBC 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 13
The remote control valve as referred to in paragraph 15.8.30 of
Chapter 15 of the IBC Code only needs to be fitted if propylene oxide will actually
be carried.
Article 14
In addition to the operational requirements of the IBC 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 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 14a
1. An amendment to the IBC 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 14b
The IBC Code and its amendments are available for inspection with
the Ministry of Transport, Public Works and Water Management.
Article 15
This Regulation enters into force as of 1 March 1997.
Article 16
This Regulation is quoted as: Regulation IBC 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