Onderwerp: Bezoek-historie

Regulation prevention of pollution from ships (uncontrolled version)
Geldigheid:26-09-2008 t/m 01-07-2015Versie:vergelijk Vergelijk met versie: 1: 01-01-2007 t/m 01-01-2007  X

Dit onderwerp bevat de volgende rubrieken.

Regulation prevention of pollution from ships

Regulation of 12 December 2006, no. HDJZ/SCH/2006-1945, Legal Affairs Directorate, GG 2006, 249, containing more detailed rules for the prevention of pollution from ships (Regulation Prevention of Pollution from ships), most recently amended by Regulation of 14 December 2010, GG 10488

The Minister of Transport, Public Works and Water Management,

Having regard to the Articles 1, second paragraph, 8, 11, 15, 32, 35, 38 of the Decree Prevention of Pollution from Ships, Article 2 of the Port Reception Facilities Decree, Article 13, third paragraph,14, second paragraph, and 30 of the Prevention of Pollution from Ships Act, as well as to the guidelines and ordinances mentioned in Article 1 of this Regulation;

Decides:

Ingangsdatum: Ingangsdatum: 01-01-2007

Regulation prevention of pollution from ships

Regulation of 12 December 2006, no. HDJZ/SCH/2006-1945, Legal Affairs Directorate, GG 2006, 249, containing more detailed rules for the prevention of pollution from ships (Regulation Prevention of Pollution from ships), most recently amended by Regulation of 14 December 2010, GG 10488

The Minister of Transport, Public Works and Water Management,

Having regard to the Articles 1, second paragraph, 8, 11, 15, 32, 35, 38 of the Decree Prevention of Pollution from Ships, Article 2 of the Port Reception Facilities Decree, Article 13, third paragraph,14, second paragraph, and 30 of the Prevention of Pollution from Ships Act, as well as to the guidelines and ordinances mentioned in Article 1 of this Regulation;

Decides:

Chapter 1 Introductory provisions

Chapter 1 - Introductory provisions

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Chapter 1 - Introductory provisions

Article 1 Definitions

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Article 1 - Definitions

In this Regulation the following terms shall have the following meanings:

  1. Decree: Prevention of Pollution from Ships Decree;

  2. Directive 94/25/EC: Directive no. 94/25/EC of the European Parliament and the Council of the European Union of 16 June 1994 as regards the mutual adjustment of the legal and administrative-law provisions of the Member States regarding pleasure craft (PbEG L 164);

  3. Directive 96/98/EC: Directive no. 96/98/EC of the Council of the European Union of 20 December 1996 as regards equipment of seagoing vessels (PbEG 1997, L 46);

  4. Directive 1999/32/EC: Directive no. 1999/32/EC of the European Parliament and the Council of the European Union of 26 April 1999 concerning a reduction of the sulphur content of specific liquid fuels and for amendment of Directive 93/12/EEC (PbEG L121);

  5. Directive 2005/35/EC: Directive no. 2005/35/EC of the European Parliament and the Council of the European Union of 7 September 2005 as regards pollution from ships and introduction of penalties for offences (PbEU L 255);

  6. Regulation (EC) 417/2002: Regulation (EC) no. 417/2002 of the European Parliament and the Council of the European Union of 18 February 2002, concerning the accelerated introduction of the requirements as regards a double-hulled version or an equivalent design for single-hulled oil tankers and for withdrawal of Regulation (EC) no. 2978/94 of the Council of the European Union (PbEG L 64);

  7. Regulation (EC) 782/2003: Regulation (EC) no. 782/2003 of the European Parliament and the Council of the European Union of 14 April 2003 containing a ban on organotin compounds on ships (PbEU L 115);

  8. emission reduction technology: technical method as referred to in Article 2 of Directive 1999/32/EC;

  9. area for emission control for SOx and particulate matter: area as referred to in regulation 14 of Annex VI to the Convention, where special mandatory measures for emissions by ships apply in order to prevent, limit and control air pollution by SOx and particulate matter and the corresponding harmful effect on public health and the environment;

  10. ship at its berth: ship at its berth as referred to in Article 2 of Directive 1999/32/EC;

  11. IMDG Code: the International Code for dangerous goods (International Maritime Dangerous Goods Code), adopted by resolution MSC.122(75) of the Maritime Safety Committee of the IMO;

  12. resolution A.495(XII): resolution A.495(XII) of the General Assembly of the IMO, containing revised Specifications for oil tankers with assigned clean ballast tanks;

  13. resolution A.446(XI): resolution A.446(XI) of the General Assembly of the IMO, containing Specifications for the design, the method of operation and the control of crude-oil washing systems;

  14. resolution A.673(16): resolution A.673(16) of the General Assembly of the IMO, containing Guidelines for the carriage and the handling of limited amounts of dangerous and harmful liquids in bulk by offshore support vessels;

  15. Minister: Minister of Transport, Public Works and Water Mangement.

Article 2 Date of construction of a ship

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Article 2 - Date of construction of a ship

As date of construction of a ship is regarded the day on which the keel of the ship has been laid, or the day on which, with due regard for the provisions to that end in the Code, resolutions, directives or regulations which are applicable on the basis of this Regulation, a stage has been reached which is similar to the laying of the keel. Art. 4, second paragraph, of the Decree is equally binding.

Chapter 2 Requirements for ships

Chapter 2 - Requirements for ships

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Chapter 2 - Requirements for ships

§1 Requirements for ships

§1 - Requirements for ships

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§1 - Requirements for ships

Article 3 Requirements on the basis of Regulation (EC) 417/2002

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Article 3 - Requirements on the basis of Regulation (EC) 417/2002

An oil tanker of 150 GT or more also complies, in addition to the requirements of Annex I to the Convention which are applicable pursuant to Article 5, first paragraph, of the Decree with the requirements of Regulation (EC) 417/2002.

Article 4 Requirements on the basis of the Regulation (EC) 782/2003

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Article 4 - Requirements on the basis of the Regulation (EC) 782/2003

Conformity with the Articles 4 and 5 of the Regulation (EC) 782/2003 is a requirement as referred to in Article 8, first paragraph, of the Decree.

Article 5 Alternative measure for the control of NOx-emissions

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Article 5 - Alternative measure for the control of NOx-emissions

The Pleasure Craft Act in conjunction with the essential requirements included in Annex I to Directive 94/25/EC for the exhaust emissions of propulsion engines with regard to nitrogen oxides is for the purpose of Article 5, fifth and sixth paragraphs, of the Decree, regarded as an alternative measure for the control of NOx-emissions as referred to in provision 13.1.b.ii of Annex VI to the Convention.

Article 5a Ships of less than 400 GT in connection with Annex I to the Convention

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Article 5a - Requirements for ships of less than 400 GT in connection with Annex I to the Convention

The following ships have been provided with arrangements for keeping oil residues or oil-containing mixtures on board or to discharge them in accordance with Article 15.6 of Annex I to the Convention:

  1. ships of less than 400 GT, not being oil tankers as referred to in item b, insofar as practically feasible in the opinion of the Minister;

  2. oil tankers of more than 150 GT and less than 400 GT, insofar as practically feasible in the opinion of the Minister.

Article 5b Dedicated clean ballast tanks in connection with Annex I to the Convention

[Niet geldig (geldigheid vanaf 2008-09-26)]
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Article 5b - Requirements for dedicated clean ballast tanks in connection with Annex I to the Convention

The requirements as referred to in Article 18.8.2 of Annex I to the Convention are the requirements, incorporated in resolution A.495(XII).

Article 5c Partial-flow systems in connection with Annex I to the Convention

[Niet geldig (geldigheid vanaf 2008-09-26)]
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Article 5c - Requirements for partial-flow systems in connection with Annex I to the Convention

The requirements, as referred to in Article 30.6.5.2 of Annex I to the Convention, are the requirements included in the specifications for the design, the installation and operation of a partial-flow system for the arrangement of overboard discharges, which have been attached to this Regulation as Annex 1.

Article 5d Crude oil washing systems in connection with Annex I to the Convention

[Niet geldig (geldigheid vanaf 2008-09-26)]
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Article 5d - Requirements for crude oil washing systems in connection with Annex I to the Convention

The requirements, as referred to in Article 33.2 of Annex I to the Convention, are the requirements, included in resolution A.446(XI).

Article 5e Offshore support vessels in connection with Annex II to the Convention

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Article 5e - Requirements for offshore support vessels in connection with Annex II to the Convention

Offshore support vessels as referred to in section 1.5.3 of resolution A.673(16), comply with the requirements of the resolution.

Article 5f Ships in connection with Annex IV to the Convention

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Article 5f - Requirements for ships in connection with Annex IV to the Convention

The following ships have been provided with arrangements for discharging sanitary waste in accordance with the requirements given in Annex IV to the Convention:

  1. existing ships as referred to in Article 5, fourth paragraph, items c and d, of the Decree with a date of construction before 2 October 1983, insofar as practically feasible in the opinion of the Minister;

  2. other ships than those, as referred to in Article 5, fourth paragraph, of the Decree.

Article 5g Equivalent arrangements

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Article 5g - Equivalent arrangements

The Minister may, with due regard for the provisions to that end in the code, resolutions, directives and orders that are applicable on the basis of this Regulation, allow deviation from the requirements as referred to in the Articles 3, 4 and 5b through 5e, if an arrangement is made on board of the ship which, in his opinion, is at least equivalent to the arrangement required on the basis of these Articles.

Article 5h Mutual recognition

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Article 5h - Mutual recognition

  1. This Article is applicable to ships which have been transferred from a Register of Shipping in another member state of the European Union or a state which is party to the Agreement on the European Economic Area, to a Dutch Register of Shipping.

  2. The technical standards or technical requirements as referred to in the Articles 5a through 5f are equated with equivalent technical standards or technical requirements which have been established by or on behalf of another member state of the European Union or a state which is party to the Agreement on the European Economic Area.

§2 Entrance requirements for ship’s equipment

§2 - Entrance requirements for ship’s equipment

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§2 - Entrance requirements for ship’s equipment

Article 10 Approval for emission-reduction technologies

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Article 10 - Approval for emission-reduction technologies

  1. Emission-reduction technologies are of a type to be approved by the European Commission.

  2. Tests with emission reduction technologies shall be approved by the Minister in accordance with Article 4 quater, first paragraph, of Directive 1999/32/EC. Article 9 is equally binding.

Article 11 Safeguard clause

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Article 11 - Safeguard clause

  1. If with regard to equipment provided with the mark of conformity, as referred to in Annex D to Directive 96/98/EC, Article 23, first paragraph, of the Ship’s Equipment Act has been applied, the Minister shall take adequate intermediate measures to prevent that that equipment is placed or used on board of ships. If necessary, he prohibits the placement or the use on board of ships.

  2. Article 23, second paragraph, of the Ship’s Equipment Act is equally binding.

Article 6 Scope

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Article 6 - Scope

This section is applicable to equipment for which, in case of placement on board of a ship, having regard to the requirements which are
applicable for that ship, a type-approval is required.

Article 7 European type-approvals for ship’s equipment

Article 7 - European type-approvals for ship’s equipment

  1. Equipment as referred to in Annex A.1 to Directive 96/98/EC may only be placed on board, if it:

    1. has been provided with the mark of conformity shown in Annex D to Directive 96/98/EC, or

    2. is accompanied by a certificate of equivalence or a certificate for the benefit of testing as referred to in the Articles 20 and 21 of the Ships’ Equipment Act.

  2. Use of equipment for which a certificate of equivalence or a certificate for the benefit of testing has been issued, is only permitted with due regard for the requirements or restrictions attached to the appropriate certificate.

  3. If a ship is in a port outside the European Union and it is reasonably not feasible on grounds of time, delay and costs to place equipment on board for which in accordance with Directive 96/98/EC an EC type-approval has been granted, necessary replacements of equipment may, contrary to the first paragraph, happen by placing equipment on board which has not been approved in accordance with Directive 96/98/EC, provided that is complied with the conditions mentioned in Article 16, first and second paragraphs, of that Directive.

  4. (Not yet in force).
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Article 7 - European type-approvals for ship’s equipment

  1. Equipment as referred to in Annex A.1 to Directive 96/98/EC may only be placed on board, if it:

    1. has been provided with the mark of conformity shown in Annex D to Directive 96/98/EC, or

    2. is accompanied by a certificate of equivalence or a certificate for the benefit of testing as referred to in the Articles 20 and 21 of the Ships’ Equipment Act.

  2. Use of equipment for which a certificate of equivalence or a certificate for the benefit of testing has been issued, is only permitted with due regard for the requirements or restrictions attached to the appropriate certificate.

  3. If a ship is in a port outside the European Union and it is reasonably not feasible on grounds of time, delay and costs to place equipment on board for which in accordance with Directive 96/98/EC an EC type-approval has been granted, necessary replacements of equipment may, contrary to the first paragraph, happen by placing equipment on board which has not been approved in accordance with Directive 96/98/EC, provided that is complied with the conditions mentioned in Article 16, first and second paragraphs, of that Directive.

  4. (Not yetThe first through third paragraphs are not applicable to the placement of emission-reduction technologies on board of ships which do not belong to the category of ships for which a certificate is issued as referred to in force)Article 12, fourth paragraph, of the Decree.

Article 8 National type-approvals for ship’s equipment

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Article 8 - National type-approvals for ship’s equipment

  1. Equipment, not being equipment as referred to in Annex A.1 to Directive 96/98/EC or not being an emission reduction technology, is of a type that has been approved by the Minister.

  2. Contrary to Article 7, the Minister may allow that equipment is placed on board of specific categories of ships, not being ships belonging to the category of ships for which, also in connection with compliance with the requirements regarding the equipment involved, one of the certificates is issued as referred to in Article 12 of the Decree, that does not comply with the performance standards and testing standards from Annex A.1 to Directive 96/98/EC, and may grant a type approval for that equipment, provided that this is possible without danger to the environment.

  3. Restrictions as regards the use of the appropriate equipment may be attached to a type-approval as referred to in the first or second paragraph.

Article 9 Mutual recognition

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Article 9 - Mutual recognition

A type approval granted by the Minister is equated with an equivalent type approval, granted by or on behalf of another member state of the European Union, or by or on behalf of a state that is party to the Agreement on the European Economic Area.

Chapter 3 Certificates, declarations and surveys

Chapter 3 - Certificates, declarations and surveys

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Chapter 3 - Certificates, declarations and surveys

Article 12 Certificates on the basis of the Regulation (EC) 782/2003

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Article 12 - Certificates on the basis of the Regulation (EC) 782/2003

An AFS-certificate as referred to in Article 2, seventh paragraph, of Regulation (EG) 782/2003 is issued for a ship which on the basis of Article 6, first paragraph, item a, of this Regulation is certificated and which has proven, after survey, to comply with the requirements, as referred to in Article 4 of that Regulation.

Article 12a Declarations for ships

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Article 12a - Declarations for ships in connection with Annexes I and IV to the Convention

  1. Upon request of the shipowner, the Minister may issue a declaration for:

    1. ships as referred to in Article 5a, item a, which have proven, after survey, that they comply with the requirement, as referred to in the heading of Article 5a, and

    2. ships as referred to in Article 5f, item b, which have shown, after survey, that they comply with the requirement, as referred to in the heading of Article 5f.

  2. The declarations as referred to in the first paragraph have a period of validity of maximally five years.

Article 12b Surveys of ships

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Article 12b - Surveys of ships in connection with Annexes I and IV to the Convention

  1. The survey, as referred to in Article 12a, first paragraph, items a and b, takes place before the ship is put into service or before the declaration is issued for the first time.

  2. The survey as referred to in the first paragraph is repeated within three months before of after the date on which two years or three years have passed after the survey as referred to in the first paragraph has taken place and, in connection with the renewal of the declaration, within three months before the expiry of the period of validity of the appropriate declaration.

Chapter 4 Discharge and other practices

Chapter 4 - Discharge and other practices

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Chapter 4 - Discharge and other practices

Article 13 More detailed rules under MARPOL Convention

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Article 13 - More detailed rules as regards prohibited discharges under the MARPOL Convention

Article 4.2 of Annex I to the Convention and Article 3.1.2 of Annex II to the Convention are with regard to a discharge which meets the conditions of Article 4 of Directive 2005/35/EC for all ships as referred to in Article 2 of that Directive:


  1. a. regarding a discharge in the Dutch territorial sea not applicable;
    b. regarding a discharge in the Dutch exclusive economic zone and on the high seas applicable for the owner, the master or the crew.

Article 14 More detailed rules as regards the use of marine fuels

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Article 14 - More detailed rules as regards the use of marine fuels

  1. In addition to the ban, as referred to in Article 31, second paragraph, item a, of the Decree, it is prohibited to:

    1. use fuel oil with a sulphur content of more than 1% on board of Dutch ships and foreign ships during the time they are on Dutch inland waterways;

    2. use fuel oil with a sulphur content of more than 0.1% on board of Dutch and foreign ships at their berths in ports, where the crew is given sufficient time to switch from or to other fuel oils, if necessary, as soon as possible upon arrival at the berth and as late as possible before departure.

  2. The bans, as referred to in the first paragraph, are not applicable to:

    1. fuel oils as referred to in Article 1, second paragraph, items a and c, of Directive 1999/32/EC;

    2. the use of fuel oils as referred to in Article 1, second paragraph, item g, of Directive 1999/32.

  3. The ban, as referred to in the first paragraph, item b, is not applicable to:

    1. ships that will be less than two hours at their berths according to a published timetable;

    2. ships that switch off all engines and use power supplies of the mainland while lying in a port at their berths.

  4. As regards Dutch ships, the Minister may allow deviation from the prohibitions, as referred to in the first paragraph, and the prohibition, as referred to in Article 31, second paragraph, item a, of the Decree with regard to the requirements with respect to the use of fuel oil in areas for emission control for sulphur and particulate matter:

    1. if emission reduction technologies approved by the European Commission are applied on board of the ship in accordance with Article 4 quater, fourth paragraph, of Directive 1999/32/EC;

    2. for tests with emission reduction technologies, applied in accordance with Article 4 quater, first paragraph, of Directive 1999/32/EC.

  5. The deviation, as referred to in the fourth paragraph, heading and under b, may also be allowed with regard to foreign ships in the Dutch territorial sea and the Dutch exclusive economic zone.

  6. The exercise of the competence, as referred to in Article 5, heading and under b, takes place in accordance with Article 4 quater, first paragraph, of Directive 1999/32/EC.

  7. Approved emission reduction technologies and allowed tests with emission reduction technologies are applied in accordance with Article 4 quater, first paragraph, of Directive 1999/32/EC.

Article 14a More detailed rules offshore support vessels

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Article 14a - More detailed rules for discharges by offshore support vessels

Offshore support vessels as referred to in resolution A.673(16), which carry limited amounts of the harmful substances, as referred to in that resolution, in bulk, shall discharge in accordance with discharge requirements of that resolution.

Article 14b More detailed rules Annex IV to the Convention

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Article 14b - More detailed rules for discharges under Annex IV to the Convention

The speed of at least 4 knots as referred to in Article 11.1.1 of Annex IV to the Convention is such that it is consistent with the approved discharge rate.

Chapter 5 Operational requirements

Chapter 5 - Operational requirements

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Chapter 5 - Operational requirements

§1 Operational requirements

§1 - Operational requirements

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§1 - Operational requirements

Article 15 Requirements for keeping journals

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Article 15 - Requirements for keeping journals

  1. The exemption from Article 14.7 in connection with Article 14.6 of Annex VI to the Convention, is, as regards the control area for SOx-emission of the North Sea, not applicable.

  2. The obligation, as referred to in Article 36, sixth paragraph, of the Decree is equally binding to masters as from 1 January 2010 when fuel oil is used at the berth of their ship in a Dutch port, provided that the obligation regards the use of various kinds of fuel oil in order to comply with the provision in Article 31, second paragraph, item a, of the Decree in conjunction with Article 14, fourth paragraph, heading and item c, and that the switch regards fuel oil with a sulphur content of less than or equal to 1.5% and fuel oil with a sulphur content of not more than 0.1%.

  3. The second paragraph is also applicable to foreign ships during the time that they are on Dutch inland waterways.

Article 15a Dedicated clean ballast tank method in connection with Annex I to the Convention

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Article 15a - Requirements for the dedicated clean ballast tank method in connection with Annex I to the Convention

The requirements, as referred to in Article 18.8.2 of Annex I to the Convention, are the requirements, incorporated in resolution A.495(XII).

Article 15b Operation of partial-flow systems in connection with Annex I to the Convention

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Article 15b - Requirements for the operation of partial-flow systems in connection with Annex I to the Convention

The requirements, as referred to in provision 30.6.5.2 of Annex I to the Convention, are the requirements incorporated in the specifications for the design, the installation and operation of a partial-flow system for arranging overboard discharges, which have been attached as Annex 1 to this Regulation.

Article 15c packaged harmful substances in connection with Annex III to the Convention

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Article 15c - Requirements for the carriage of packaged harmful substances in connection with Annex III to the Convention

In all documents related to the carriage of a packaged harmful substance are mentioned:

  1. °. the identification number of the United Nations as applicable,

  2. °. the subdivision in danger classes, mentioned in the IMDG Code, and

  3. °. the amounts of those substances and, when they are carried in transport tanks or freight containers, the identification signs of them.

§2 Exemptions from operational requirements

§2 - Exemptions from operational requirements

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§2 - Exemptions from operational requirements

Article 15d Exemption for offshore support vessels

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Article 15d - Exemption from operational requirements for offshore support vessels

The requirements of Annex II to the Convention which are applicable under Article 33, second paragraph, of the Decree, with regard to the carriage of harmful liquids in bulk, do not apply to the carriage in bulk of limited amounts of the harmful substances, as referred to in resolution A.673(16) by offshore support vessels as referred to in that resolution, provided that this carriage complies with the requirements laid down in that resolution.

Article 15e Exemption for carriage of packaged harmful substances

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Article 15e - Exemption from operational requirements for carriage of packaged harmful substance s

The requirements of Annex III to the Convention which are applicable under Article 33, third paragraph, of the Decree, regarding the manner of marking and labeling of packages and the requirements, as referred to in Article 15c, are not effective, insofar as the IMDG Code determines so.

Chapter 6 Requirements in implementation of the Act

Chapter 6 - Requirements in implementation of the Act

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Chapter 6 - Requirements in implementation of the Act

Article 16 Implementation Regulation (EC) 782/2003

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Article 16 - Implementation Regulation (EC) 782/2003

As Decree as referred to in Article 13, third paragraph, of the Act is designated Article 6, first paragraph, item b, in conjunction with the second paragraph, second clause, of Regulation (EC) 782/2003.

Chapter 7 Final provisions

Chapter 7 - Final provisions

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Chapter 7 - Final provisions

Article 17 Amendments to Directives

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Article 17 - Amendments to Directives

  1. An amendment to a directive that is applicable under this Regulation, will be effective for the application of this Regulation as from the day on which the amending directive must have been implemented, unless another time is determined by Ministerial Decree, which is published in the Government Gazette.

  2. Equipment of a type approved by the Minister, to which the requirements of Directive 96/98/EC have become applicable due to an amendment to Annex A.1 to this Directive, may, contrary to Article 7, still be placed on board of ships during a period of two years, calculated from the day on which the amending directive involved must have been implemented, provided that it was manufactured before that day and the type approval was also granted before that day.

Article 17a Amendments to Codes

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Article 17a - Amendments to Codes

Article 42 of the Decree is equally binding to the Codes and resolutions which are applicable under this Regulation.

Article 18 Amendment other regulations

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Article 18 - Amendment other regulations

  1. [Amends the Decree Authorization Operations Inspectorate for Transport, Public Works and Water Management.]

  2. [Amends the Regulation Port Reception Facilities.]

  3. [Amends the Decree Posting Officials to Shipping Inspectorate for the benefit of Port State Control.]

Article 19

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Article 19

  1. [Amends the Regulation Implementation EC Regulations Wvvs.]

  2. The Regulation of the Minister of Transport, Public Works and Water Management of 3 February 1997, no. DGSM/J-97000025 Directorate-General for Shipping and Maritime Affairs, containing establishment model International Oil Pollution Prevention Certificate and International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (Stcrt. 28), is withdrawn.

Article 20 Entry into force

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Article 20 - Entry into force

This Regulation enters into force as from 1 January 2007, with the exception of the Articles 1, item d and items h through m, 7, fourth paragraph, 10, 14, 15, and 18, second paragraph, which enter into force as from 2 January 2007 and with the exception of Article 13, which enters into force as from 1 April 2007.

Article 21 Official title

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Article 21 Official title

This Regulation is quoted as: Regulating Prevention of Pollution from Ships.

This Regulation, together with its Explanatory Notes, will be published in the Government Gazette.

The Minister of Transport, Public Works and Water Management,
K.M.H. Peijs