Onderwerp: Bezoek-historie

Internationaal Verdrag ter voorkoming van verontreiniging door schepen, 1973, zoals gewijzigd door het Protocol van 1978 daarbij
Publicatiedatum:01-01-2019Geldigheid:01-01-2019 t/m Versie:vergelijk Status: Geldig vandaag

Dit onderwerp bevat de volgende rubrieken.

Internationaal Verdrag ter voorkoming van verontreiniging door schepen, 1973, zoals gewijzigd door het Protocol van 1978 daarbij

International Convention for the Prevention of Pollution from Ships, 1973

The Parties to the Convention,

Being conscious of the need to preserve the human environment in general and the marine environment in particular,

Recognizing that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution,

Recognizing also the importance of the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as being the first multilateral instrument to be concluded with the prime objective of protecting the environment, and appreciating the significant contribution which that Convention has made in preserving the seas and coastal environment from pollution,

Desiring to achieve the complete elimination of intentional pollution of the marine environment by oil and other harmful substances and the minimization of accidental discharge of such substances,

Considering that this object may best be achieved by establishing rules not limited to oil pollution having a universal purport,

Have agreed as follows:

Article 1 General Obligations under the Convention

  • (1). The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the present Convention.
  • (2). Unless expressly provided otherwise, a reference to the present Convention constitutes at the same time a reference to its Protocols and to the Annexes.

Article 2 Definitions

For the purposes of the present Convention, unless expressly provided otherwise:

  • (1)“Regulations” means the Regulations contained in the Annexes to the present Convention.
  • (2)“Harmful substance” means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention.
  • (3)
    • (a)“Discharge”, in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying;
    • (b)“Discharge” does not include:
      • (i)dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping, of Wastes and Other Matter, done at London on 13 November 1972; or
      • (ii)release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of seabed mineral resources; or
      • (iii)release of harmful substances for purposes of legitimate scientific research into pollution abatement or control.
  • (4)“Ship” means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms.
  • (5)“Administration” means the Government of the State under whose authority the ship is operating. With respect to a ship entitled to fly a flag of any State, the Administration is the Government of that State. With respect to fixed or floating platforms engaged in exploration and exploitation of the sea-bed and subsoil thereof adjacent to the coast over which the coastal State exercises sovereign rights for the purposes of exploration and exploitation of their natural resources, the Administration is the Government of the coastal State concerned.
  • (6)“Incident” means an event involving the actual or probable discharge into the sea of a harmful substance, or effluents containing such a substance.
  • (7)“Organization” means the Inter-Governmental Maritime Consultative Organization.

Article 3 Application

  • (1). The present Convention shall apply to:
    • (a)ships entitled to fly the flag of a Party to the Convention; and
    • (b)ships not entitled to fly the flag of a Party but which operate under the authority of a Party.
  • (2). Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources.
  • (3). The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practicable, with the present Convention.

Article 4 Violation

  • (1). Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the Administration is informed of such a violation and is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken as soon as possible, in accordance with its law.
  • (2). Any violation of the requirements of the present Convention within the jurisdiction of any Party to the Convention shall be prohibited and sanctions shall be established therefor under the law of that Party. Whenever such a violation occurs, that Party shall either:
    • (a)cause proceedings to be taken in accordance with its law; or
    • (b)furnish to the Administration of the ship such information and evidence as may be in its possession that a violation has occurred.
  • (3). Where information or evidence with respect to any violation of the present Convention by a ship is furnished to the Administration of that ship, the Administration shall promptly inform the Party which has furnished the information or evidence, and the Organization, of the action taken.
  • (4). The penalties specified under the law of a Party pursuant to the present Article shall be adequate in severity to discourage violations of the present Convention and shall be equally severe irrespective of where the violations occur.

Article 5 Certificates and Special Rules on Inspection of Ships

  • (1). Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them.
  • (2). A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to verifying that there is on board a valid certificate, unless there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that certificate. In that case, or if the ship does not carry a valid certificate, the Party carrying out the inspection shall take such steps as will ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. That Party may, however, grant such a ship permission to leave the port or off-shore terminal for the purpose of proceeding to the nearest appropriate repair yard available.
  • (3). If a Party denies a foreign ship entry to the ports or off-shore terminals under its jurisdiction or takes any action against such a ship for the reason that the ship does not comply with the provisions of the present Convention, the Party shall immediately inform the consul or diplomatic representative of the Party whose flag the ship is entitled to fly, or if this is not possible, the Administration of the ship concerned. Before denying entry or taking such action the Party may request consultation with the Administration of the ship concerned. Information shall also be given to the Administration when a ship does not carry a valid certificate in accordance with the provisions of the Regulations.
  • (4). With respect to the ships of non-Parties to the Convention, Parties shall apply the requirements of the present Convention as may be necessary to ensure that no more favourable treatment is given to such ships.

Article 6 Detection of Violations and Enforcement of the Convention

  • (1). Parties to the Convention shall co-operate in the detection of violations and the enforcement of the provisions of the present Convention, using all appropriate and practicable measures of detection and environmental monitoring, adequate procedures for reporting and accumulation of evidence.
  • (2). A ship to which the present Convention applies may, in any port or off-shore terminal of a Party, be subject to inspection by officers appointed or authorized by that Party for the purpose of verifying whether the ship has discharged any harmful substances in violation of the provisions of the Regulations. If an inspection indicates a violation of the Convention, a report shall be forwarded to the Administration for any appropriate action.
  • (3). Any Party shall furnish to the Administration evidence, if any, that the ship has discharged harmful substances or effluents containing such substances in violation of the provisions of the Regulations. If it is practicable to do so, the competent authority of the former Party shall notify the Master of the ship of the alleged violation.
  • (4). Upon receiving such evidence, the Administration so informed shall investigate the matter, and may request the other Party to furnish further or better evidence of the alleged contravention. If the Administration is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken in accordance with its law as soon as possible. The Administration shall promptly inform the Party which has reported the alleged violation, as well as the Organization, of the action taken.
  • (5). A Party may also inspect a ship to which the present Convention applies when it enters the ports or off-shore terminals under its jurisdiction, if a request for an investigation is received from any Party together with sufficient evidence that the ship has discharged harmful substances or effluents containing such substances in any place. The report of such investigation shall be sent to the Party requesting it and to the Administration so that the appropriate action may be taken under the present Convention.

Article 7 Undue Delay to Ships

  • (1). All possible efforts shall be made to avoid a ship being unduly detained or delayed under Article 4, 5 or 6 of the present Convention.
  • (2). When a ship is unduly detained or delayed under Article 4, 5 or 6 of the present Convention, it shall be entitled to compensation for any loss or damage suffered.

Article 8 Reports on Incidents Involving Harmful Substances

  • (1). A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention.
  • (2). Each Party to the Convention shall:
    • (a)make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and
    • (b)notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization.
  • (3). Whenever a Party receives a report under the provisions of the present Article, that Party shall relay the report without delay to:
    • (a)the Administration of the ship involved; and
    • (b)any other State which may be affected.
  • (4). Each Party to the Convention undertakes to issue instructions to its maritime inspection vessels and aircraft and to other appropriate services, to report to its authorities any incident referred to in Protocol I to the present Convention. That Party shall, if it considers it appropriate, report accordingly to the Organization and to any other party concerned.

Article 9 Other Treaties and Interpretation

  • (1). Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention.
  • (2). Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.
  • (3). The term “jurisdiction” in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention.

Article 10 Settlement of Disputes

Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention.

Article 11 Communication of Information

  • (1). The Parties to the Convention undertake to communicate to the Organization:
    • (a)the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention;
    • (b)a list of nominated surveyors or recognized organizations which are authorized to act on their behalf in the administration of matters relating to the design, construction, equipment and operation of ships carrying harmful substances in accordance with the provisions of the Regulations for circulation to the Parties for information of their officers. The Administration shall therefore notify the Organization of the specific responsibilities and conditions of the authority delegated to nominated surveyors or recognized organizations;
    • (c)a sufficient number of specimens of their certificates issued under the provisions of the Regulations;
    • (d)a list of reception facilities including their location, capacity and available facilities and other characteristics;
    • (e)official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and
    • (f)an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention.
  • (2). The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub-paragraphs (1) (b) to (f) of the present Article.

Article 12 Casualties to Ships

  • (1). Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provisions of the Regulations if such casualty has produced a major deleterious effect upon the marine environment.
  • (2). Each Party to the Convention undertakes to supply the Organization with information concerning the findings of such investigation, when it judges that such information may assist in determining what changes in the present Convention might be desirable.

Article 13 Signature, Ratification, Acceptance, Approval and Accession

  • (1). The present Convention shall remain open for signature at the Headquarters of the Organization from 15 January 1974 until 31 December 1974 and shall thereafter remain open for accession. States may become Parties to the present Convention by:
    • (a)signature without reservation as to ratification, acceptance or approval; or
    • (b)signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
    • (c)accession.
  • (2). Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General of the Organization.
  • (3). The Secretary-General of the Organization shall inform all States which have signed the present Convention or acceded to it of any signature or of the deposit of any new instrument of ratification, acceptance, approval or accession and the date of its deposit.

Article 14 Optional Annexes

  • (1). A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV and V (hereinafter referred to as “Optional Annexes”) of the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety.
  • (2). A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13 (2).
  • (3). A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all references to Parties in the present Convention shall not include that State in so far as matters related to such Annex are concerned.
  • (4). The Organization shall inform the States which have signed or acceded to the present Convention of any declaration under the present Article as well as the receipt of any instrument deposited in accordance with the provisions of paragraph (2) of the present Article.

Article 15 Entry into Force

  • (1). The present Convention shall enter into force twelve months after the date on which not less than 15 States, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world merchant shipping, have become parties to it in accordance with Article 13.
  • (2). An Optional Annex shall enter into force twelve months after the date on which the conditions stipulated in paragraph (1) of the present Article have been satisfied in relation to that Annex.
  • (3). The Organization shall inform the States which have signed the present Convention or acceded to it of the date on which it enters into force and of the date on which an Optional Annex enters into force in accordance with paragraph (2) of the present Article.
  • (4). For States which have deposited an instrument of ratification, acceptance, approval or accession in respect of the present Convention or any Optional Annex after the requirements for entry into force thereof have been met but prior to the date of entry into force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of the Convention or such Annex or three months after the date of deposit of the instrument whichever is the later date.
  • (5). For States which have deposited an instrument of ratification, acceptance, approval or accession after the date on which the Convention or an Optional Annex entered into force, the Convention or the Optional Annex shall become effective three months after the date of deposit of the instrument.
  • (6). After the date on which all the conditions required under Article 16 to bring an amendment to the present Convention or an Optional Annex into force have been fulfilled, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention or Annex as amended.

Article 16 Amendments

  • (1). The present Convention may be amended by any of the procedures specified in the following paragraphs.
  • (2). Amendments after consideration by the Organization:
    • (a)any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration;
    • (b)any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration;
    • (c)Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body;
    • (d)amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present and voting;
    • (e)if adopted in accordance with sub-paragraph (d) above, amendments shall be communicated by the Secretary-General of the Organization to all the Parties to the Convention for acceptance;
    • (f)an amendment shall be deemed to have been accepted in the following circumstances:
      • (i)an amendment to an Article of the Convention shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Parties, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world's merchant fleet;
      • (ii)an amendment to an Annex to the Convention shall be deemed to have been accepted in accordance with the procedure specified in sub-paragraph (f) (iii) unless the appropriate body, at the time of its adoption, determines that the amendment shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Parties, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world’s merchant fleet. Nevertheless, at any time before the entry into force of an amendment to an Annex to the Convention, a Party may notify the Secretary-General of the Organization that its express approval will be necessary before the amendment enters into force for it. The latter shall bring such notification and the date of its receipt to the notice of Parties;
      • (iii)an amendment to an Appendix to an Annex to the Convention shall be deemed to have been accepted at the end of a period to be determined by the appropriate body at the time of its adoption, which period shall be not less than ten months, unless within that period an objection is communicated to the Organization by not less than one-third of the Parties or by the Parties the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world’s merchant fleet whichever condition is fulfilled;
      • (iv)an amendment to Protocol I to the Convention shall be subject to the same procedures as for the amendments to the Annexes to the Convention, as provided for in sub-paragraphs (f) (ii) or (f) (iii) above;
      • (v)an amendment to Protocol II to the Convention shall be subject to the same procedures as for the amendments to an Article of the Convention, as provided for in sub-paragraph (f) (i) above;
    • (g)the amendment shall enter into force under the following conditions:
      • (i)in the case of an amendment to an Article of the Convention, to Protocol II, or to Protocol I or to an Annex to the Convention not under the procedure specified in sub-paragraph (f) (iii), the amendment accepted in conformity with the foregoing provisions shall enter into force six months after the date of its acceptance with respect to the Parties which have declared that they have accepted it;
      • (ii)in the case of an amendment to Protocol I, to an Appendix to an Annex or to an Annex to the Convention under the procedure specified in sub-paragraph (f) (iii), the amendment deemed to have been accepted in accordance with the foregoing conditions shall enter into force six months after its acceptance for all the Parties with the exception of those which, before that date, have made a declaration that they do not accept it or a declaration under sub-paragraph (f) (ii), that their express approval is necessary.
  • (3). Amendment by a Conference:
    • (a)Upon the request of a Party, concurred in by at least one-third of the Parties, the Organization shall convene a Conference of Parties to the Convention to consider amendments to the present Convention.
    • (b)Every amendment adopted by such a Conference by a two-thirds majority of those present and voting of the Parties shall be communicated by the Secretary-General of the Organization to all Contracting Parties for their acceptance.
    • (c)Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and to have entered into force in accordance with the procedures specified for that purpose in sub-paragraphs (2) (f) and (g) above.
  • (4).
    • (a)In the case of an amendment to an Optional Annex, a reference in the present Article to a “Party to the Convention” shall be deemed to mean a reference to a Party bound by that Annex.
    • (b)Any Party which has declined to accept an amendment to an Annex shall be treated as a non-Party only for the purpose of application of that Amendment.
  • (5). The adoption and entry into force of a new Annex shall be subject to the same procedures as for the adoption and entry into force of an amendment to an Article of the Convention.
  • (6). Unless expressly provided otherwise, any amendment to the present Convention made under this Article, which relates to the structure of a ship, shall apply only to ships for which the building contract is placed, or in the absence of a building contract, the keel of which is laid, on or after the date on which the amendment comes into force.
  • (7). Any amendment to a Protocol or to an Annex shall relate to the substance of that Protocol or Annex and shall be consistent with the Articles of the present Convention.
  • (8). The Secretary-General of the Organization shall inform all Parties of any amendments which enter into force under the present Article, together with the date on which each such amendment enters into force.
  • (9). Any declaration of acceptance or of objection to an amendment under the present Article shall be notified in writing to the Secretary-General of the Organization. The latter shall bring such notification and the date of its receipt to the notice of the Parties to the Convention.

Article 17 Promotion of Technical Co-operation

The Parties to the Convention shall promote, in consultation with the Organization and other international bodies, with assistance and co-ordination by the Executive Director of the United Nations Environment Programme, support for those Parties which request technical assistance for:

  • (a)the training of scientific and technical personnel;
  • (b)the supply of necessary equipment and facilities for reception and monitoring;
  • (c)the facilitation of other measures and arrangements to prevent or mitigate pollution of the marine environment by ships; and
  • (d)the encouragement of research;

preferably within the countries concerned, so furthering the aims and purposes of the present Convention.

Article 18 Denunciation

  • (1). The present Convention or any Optional Annex may be denounced by any Parties to the Convention at any time after the expiry of five years from the date on which the Convention or such Annex enters into force for that Party.
  • (2). Denunciation shall be effected by notification in writing to the Secretary-General of the Organization who shall inform all the other Parties of any such notification received and of the date of its receipt as well as the date on which such denunciation takes effect.
  • (3). A denunciation shall take effect twelve months after receipt of the notification of denunciation by the Secretary-General of the Organization or after the expiry of any other longer period which may be indicated in the notification.

Article 19 Deposit and Registration

  • (1). The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it.
  • (2). As soon as the present Convention enters into force, the next shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

Article 20 Languages

The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original.

IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed the present Convention.

DONE at London this second day of November, one thousand nine hundred and seventy-three.

Protocol I Provisions concerning reports on incidents involving harmful substances (in accordance with Article 8 of the Convention)

Article I Duty to Report

  • (1). The Master or other person having charge of any ship involved in an incident referred to in Article II of this Protocol shall report the particulars of such incident without delay and to the fullest extent possible in accordance with the provisions of this Protocol.
  • (2). In the event of the ship referred to in paragraph (1) of this Article being abandoned, or in the event of a report from such a ship being incomplete or unobtainable, the owner, charterer, manager or operator of the ship, or their agent shall, to the fullest extent possible, assume the obligations placed upon the Master under the provisions of this Protocol.

Article II When to Make Reports

  • (1). The report shall be made when an incident involves:
    • a)a discharge above the permitted level or probable discharge of oil or of noxious liquid substances for whatever reason including those for the purpose of securing the safety of the ship or for saving life at sea; or
    • b)a discharge or probable discharge of harmful substances in packaged form, including those in freight containers, portable tanks, road and rail vehicles and shipborne barges; or
    • c)damage, failure or breakdown of a ship of 15 metres in length or above which:
      • (i)affects the safety of the ship; including but not limited to collision, grounding, fire, explosion, structural failure, flooding, and cargo shifting; or
      • (ii)results to impairment of the safety of navigation; including but not limited to, failure or breakdown of steering gear, propulsion plant, electrical generating system, and essential shipborne navigational aids; or
    • d)a discharge during the operation of the ship of oil or noxious liquid substances in excess of the quantity or instantaneous rate permitted under the present Convention.
  • (2). For the purposes of this Protocol:
    • (a)“Oil” referred to in subparagraph l(a) of this Article means oil as defined in Regulation 1(1) of Annex I of the Convention.
    • (b)“Noxious liquid substances” referred to in sub-paragraph l(a) of this Article means noxious liquid substances as defined in Regulation 1(6) of Annex II of the Convention.
    • (c)“Harmful substances” in packaged form referred to in sub-paragraph l(b) of this Article means substances which are identified as marine pollutants in the International Maritime Dangerous Goods (IMDG) Code.

Article III Contents of Report

Reports shall in any case include:

  • (a)identity of ships involved;
  • (b)time, type and location of incident;
  • (c)quantity and type of harmful substance involved;
  • (d)assistance and salvage measures.

Article IV Supplementary Report

Any person who is obliged under the provisions of this Protocol to send a report shall, when possible:

  • (a)supplement the initial report, as necessary, and provide information concerning further developments; and
  • (b)comply as fully as possible with requests from affected States for additional information.

Article V Reporting Procedures

  • (1). Reports shall be made by the fastest telecommunications channels available with the highest possible priority to the nearest coastal State.
  • (2). In order to implement the provisions of this Protocol, Parties to the present Convention shall issue, or cause to be issued, regulations or instructions on the procedures to be followed in reporting incidents involving harmful substances, based on guidelines developed by the Organization.

Protocol II Arbitration (in accordance with Article 10 of the Convention)

Article I

Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol.

Article II

  • (1). An Arbitration Tribunal shall be established upon the request of one Party to the Convention addressed to another in application of Article 10 of the present Convention. The request for arbitration shall consist of a statement of the case together with any supporting documents.
  • (2). The requesting Party shall inform the Secretary-General of the Organization of the fact that it has applied for the establishment of a Tribunal, of the names of the Parties to the dispute, and of the Articles of the Convention or Regulations over which there is in its opinion disagreement concerning their interpretation or application. The Secretary-General shall transmit this information to all Parties.

Article III

The Tribunal shall consist of three members: one Arbitrator nominated by each Party to the dispute and a third Arbitrator who shall be nominated by agreement between the two first named, and shall act as its Chairman.

Article IV

  • (1). If, at the end of a period of sixty days from the nomination of the second Arbitrator, the Chairman of the Tribunal shall not have been nominated, the Secretary-General of the Organization upon request of either Party shall within a further period of sixty days proceed to such nomination, selecting him from a list of qualified persons previously drawn up by the Council of the Organization.
  • (2). If, within a period of sixty days from the date of the receipt of the request, one of the Parties shall not have nominated the member of the Tribunal for whose designation it is responsible, the other Party may directly inform the Secretary-General of the Organization who shall nominate the Chairman of the Tribunal within a period of sixty days, selecting him from the list prescribed in paragraph (1) of the present Article.
  • (3). The Chairman of the Tribunal shall, upon nomination, request the Party which has not provided an Arbitrator, to do so in the same manner and under the same conditions. If the Party does not make the required nomination, the Chairman of the Tribunal shall request the Secretary-General of the Organization to make the nomination in the form and conditions prescribed in the preceding paragraph.
  • (4). The Chairman of the Tribunal, if nominated under the provisions of the present Article, shall not be or have been a national of one of the Parties concerned, except with the consent of the other Party.
  • (5). In the case of the decease or default of an Arbitrator for whose nomination one of the Parties is responsible, the said Party shall nominate a replacement within a period of sixty days from the date of decease or default. Should the said Party not make the nomination, the arbitration shall proceed under the remaining Arbitrators. In case of the decease or default of the Chairman of the Tribunal, a replacement shall be nominated in accordance with the provisions of Article III above, or in the absence of agreement between the members of the Tribunal within a period of sixty days of the decease or default, according to the provisions of the present Article.

Article V

The Tribunal may hear and determine counter-claims arising directly out of the subject matter of the dispute.

Article VI

Each Party shall be responsible for the remuneration of its Arbitrator and connected costs and for the costs entailed by the preparation of its own case. The remuneration of the Chairman of the Tribunal and of all general expenses incurred by the Arbitration shall be borne equally by the Parties. The Tribunal shall keep a record of all its expenses and shall furnish a final statement thereof.

Article VII

Any Party to the Convention which has an interest of a legal nature and which may be affected by the decision in the case may, after giving written notice to the Parties which have originally initiated the procedure, join in the arbitration procedure with the consent of the Tribunal.

Article VIII

Any Arbitration Tribunal established under the provisions of the present Protocol shall decide its own rules of procedure.

Article IX

  • (1). Decisions of the Tribunal both as to its procedure and its place of meeting and as to any question laid before it, shall be taken by majority votes of its members; the absence or abstention of one of the members of the Tribunal for whose nomination the Parties were responsible, shall not constitute an impediment to the Tribunal reaching a decision. In cases of equal voting, the vote of the Chairman shall be decisive.
  • (2). The Parties shall facilitate the work of the Tribunal and in particular, in accordance with their legislation, and using all means at their disposal:
    • (a)provide the Tribunal with the necessary documents and information;
    • (b)enable the Tribunal to enter their territory, to hear witnesses or experts, and to visit the scene.
  • (3). Absence or default of one Party shall not constitute an impediment to the procedure.

Article X

  • (1). The Tribunal shall render its award within a period of five months from the time it is established unless it decides, in the case of necessity, to extend the time limit for a further period not exceeding three months. The award of the Tribunal shall be accompanied by a statement of reasons. It shall be final and without appeal and shall be communicated to the Secretary-General of the Organization. The Parties shall immediately comply with the award.
  • (2). Any controversy which may arise between the Parties as regards interpretation or execution of the award may be submitted by either Party for judgment to the Tribunal which made the award, or, if it is not available to another Tribunal constituted for this purpose, in the same manner as the original Tribunal.

Annex I Regulations for the Prevention of Pollution by Oil

CHAPTER 1 GENERAL

Regulation 1 Definitions

For the purposes of this Annex:

  • 1. Oil means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than those petrochemicals which are subject to the provisions of Annex II of the present Convention) and, without limiting the generality of the foregoing, includes the substances listed in appendix I to this Annex.
  • 2. Crude oil means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation and includes:
    • .1 crude oil from which certain distillate fractions may have been removed; and
    • .2 crude oil to which certain distillate fractions may have been added.
  • 3. Oily mixture means a mixture with any oil content.
  • 4. Oil fuel means any oil used as fuel in connection with the propulsion and auxiliary machinery of the ship in which such oil is carried.
  • 5. Oil tanker means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers, any “NLS tanker” as defined in Annex II of the present Convention and any gas carrier as defined in regulation 3.20 of chapter II-1 of SOLAS 74 (as amended), when carrying a cargo or part cargo of oil in bulk.
  • 6. Crude oil tanker means an oil tanker engaged in the trade of carrying crude oil.
  • 7. Product carrier means an oil tanker engaged in the trade of carrying oil other than crude oil.
  • 8. Combination carrier means a ship designed to carry either oil or solid cargoes in bulk.
  • 9. Major conversion:
  • .1 means a conversion of a ship:
    • .1 which substantially alters the dimensions or carrying capacity of the ship; or
    • .2 which changes the type of the ship; or
    • .3 the intent of which in the opinion of the Administration is substantially to prolong its life; or
    • .4 which otherwise so alters the ship that, if it were a new ship, it would become subject to relevant provisions of the present Convention not applicable to it as an existing ship.
  • .2 Notwithstanding the provisions of this definition:
    • .1 conversion of an oil tanker of 20,000 tonnes deadweight and above delivered on or before 1 June 1982, as defined in regulation 1.28.3, to meet the requirements of regulation 18 of this Annex shall not be deemed to constitute a major conversion for the purpose of this Annex; and
    • .2 conversion of an oil tanker delivered before 6 July 1996, as defined in regulation 1.28.5, to meet the requirements of regulation 19 or 20 of this Annex shall not be deemed to constitute a major conversion for the purpose of this Annex.
  • 10. Nearest land. The term from the nearest land means from the baseline from which the territorial sea of the territory in question is established in accordance with international law, except that, for the purposes of the present Convention ‘‘from the nearest land’’ off the north-eastern coast of Australia shall mean from a line drawn from a point on the coast of Australia in:
    • latitude 11°00’ S, longitude 142°08’ E
    • to a point in latitude 10°35’ S, longitude 141°55’ E,
    • thence to a point latitude 10°00’ S, longitude 142°00’ E,
    • thence to a point latitude 9°10’ S, longitude 143°52’ E,
    • thence to a point latitude 9°00’ S, longitude 144°30’ E,
    • thence to a point latitude 10°41’ S, longitude 145°00’ E,
    • thence to a point latitude 13°00’ S, longitude 145°00’ E,
    • thence to a point latitude 15°00’ S, longitude 146°00’ E,
    • thence to a point latitude 17°30’ S, longitude 147°00’ E,
    • thence to a point latitude 21°00’ S, longitude 152°55’ E,
    • thence to a point latitude 24°30’ S, longitude 154°00’ E,
    • thence to a point on the coast of Australia
      in latitude 24°42’ S, longitude 153°15’ E.
  • 11. Special area means a sea area where for recognized technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by oil is required.
    For the purposes of this Annex, the special areas are defined as follows:
    • .1 the Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41° N parallel and bounded to the west by the Straits of Gibraltar at the meridian of 005°36’ W;
    • .2 the Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57°44.8’ N;
    • .3 the Black Sea area means the Black Sea proper with the boundary between the Mediterranean Sea and the Black Sea constituted by the parallel 41° N;
    • .4 the Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12°28.5’ N, 043°19.6’ E) and Husn Murad (12°40.4’ N, 043°30.2’ E);
    • .5 the Gulfs area means the sea area located north-west of the rhumb line between Ras al Hadd (22°30’ N, 059°48’ E) and Ras al Fasteh (25°04’ N, 061° 25’ E);
    • .6 the Gulf of Aden area means that part of the Gulf of Aden between the Red Sea and the Arabian Sea bounded to the west by the rhumb line between Ras si Ane (12°28.5’ N, 043°19.6’ E) and Husn Murad (12°40.4’ N, 043°30.2’ E) and to the east by the rhumb line between Ras Asir (11°50’ N, 051°16.9’ E) and the Ras Fartak (15°35’ N, 052°13.8’ E);
    • .7 the Antarctic area means the sea area south of latitude 60°S; and
    • .8 the North West European waters include the North Sea and its approaches, the Irish Sea and its approaches, the Celtic Sea, the English Channel and its approaches and part of the North East Atlantic immediately to the west of Ireland. The area is bounded by lines joining the following points:
      • 48° 27’ N on the French coast
      • 48° 27’ N; 006° 25’ W
      • 49° 52’ N; 007° 44’ W
      • 50° 30’ N; 012° W
      • 56° 30’ N; 012° W
      • 62° N; 003° W
      • 62° N on the Norwegian coast
      • 57° 44.8’ N on the Danish and Swedish coasts
    • .9 the Oman area of the Arabian Sea means the sea area enclosed by the following coordinates:
      • 22° 30.00’ N; 059° 48.00’ E
      • 23° 47.27’ N; 060° 35.73’ E
      • 22° 40.62’ N; 062° 25.29’ E
      • 21° 47.40’ N; 063° 22.22’ E
      • 20° 30.37’ N; 062° 52.41’ E
      • 19° 45.90’ N; 062° 25.97’ E
      • 18° 49.92’ N; 062° 02.94’ E
      • 17° 44.36’ N; 061° 05.53’ E
      • 16° 43.71’ N; 060° 25.62’ E
      • 16° 03.90’ N; 059° 32.24’ E
      • 15° 15.20’ N; 058° 58.52’ E
      • 14° 36.93’ N; 058° 10.23’ E
      • 14° 18.93’ N; 057° 27.03’ E
      • 14° 11.53’ N; 056° 53.75’ E
      • 13° 53.80’ N; 056° 19.24’ E
      • 13° 45.86’ N; 055° 54.53’ E
      • 14° 27.38’ N; 054° 51.42’ E
      • 14° 40.10’ N; 054° 27.35’ E
      • 14° 46.21’ N; 054° 08.56’ E
      • 15° 20.74’ N; 053° 38.33’ E
      • 15° 48.69’ N; 053° 32.07’ E
      • 16° 23.02’ N; 053° 14.82’ E
      • 16° 39.06’ N; 053° 06.52’ E
    • .10. the Southern South African waters means the sea area enclosed by the following co-ordinates:
      31° 14’ S; 017° 50’ E
      31° 30’ S; 017° 12’ E
      32° 00’ S; 017° 06’ E
      32° 32’ S; 016° 52’ E
      34° 06’ S; 017° 24’ E
      36° 58’ S; 020° 54’ E
      36° 00’ S; 022° 30’ E
      35° 14’ S; 022° 54’ E
      34° 30’ S; 026° 00’ E
      33° 48’ S; 027° 25’ E
      33° 27’ S: 027° 12’ E
  • 12. Instantaneous rate of discharge of oil content means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant.
  • 13. Tank means an enclosed space which is formed by the permanent structure of a ship and which is designed for the carriage of liquid in bulk.
  • 14. Wing tank means any tank adjacent to the side shell plating.
  • 15. Centre tank means any tank inboard of a longitudinal bulkhead.
  • 16. Slop tank means a tank specifically designated for the collection of tank drainings, tank washings and other oily mixtures.
  • 17. Clean ballast means the ballast in a tank which since oil was last carried therein, has been so cleaned that effluent therefrom if it were discharged from a ship which is stationary into clean calm water on a clear day would not produce visible traces of oil on the surface of the water or on adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. If the ballast is discharged through an oil discharge monitoring and control system approved by the Administration, evidence based on such a system to the effect that the oil content of the effluent did not exceed 15 parts per million shall be determinative that the ballast was clean, notwithstanding the presence of visible traces.
  • 18. Segregated ballast means the ballast water introduced into a tank which is completely separated from the cargo oil and oil fuel system and which is permanently allocated to the carriage of ballast or to the carriage of ballast or cargoes other than oil or noxious liquid substances as variously defined in the Annexes of the present Convention.
  • 19. Length (L) means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline. The length (L) shall be measured in metres.
  • 20. Forward and after perpendiculars shall be taken at the forward and after ends of the length (L). The forward perpendicular shall coincide with the foreside of the stem on the waterline on which the length is measured.
  • 21. Amidships is at the middle of the length (L).
  • 22. Breadth (B) means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material. The breadth (B) shall be measured in metres.
  • 23. Deadweight (DW) means the difference in tonnes between the displacement of a ship in water of a relative density of 1.025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the ship.
  • 24. Lightweight means the displacement of a ship in metric tons without cargo, fuel, lubricating oil, ballast water, fresh water and feed water in tanks, consumable stores, and passengers and crew and their effects.
  • 25. Permeability of a space means the ratio of the volume within that space which is assumed to be occupied by water to the total volume of that space.
  • 26. Volumes and areas in a ship shall be calculated in all cases to moulded lines.
  • 27. Anniversary date means the day and the month of each year, which will correspond to the date of expiry of the International Oil Pollution Prevention Certificate.
  • 28.1 ship delivered on or before 31 December 1979 means a ship:
    • .1 for which the building contract is placed on or before 31 December 1975; or
    • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or before 30 June 1976; or
    • .3 the delivery of which is on or before 31 December 1979; or
    • .4 which has undergone a major conversion:
      • .1 for which the contract is placed on or before 31 December 1975; or
      • .2 in the absence of a contract, the construction work of which is begun on or before 30 June 1976; or
      • .3 which is completed on or before 31 December 1979.
  • 28.2 ship delivered after 31 December 1979 means a ship:
    • .1 for which the building contract is placed after 31 December 1975; or
    • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 30 June 1976; or
    • .3 the delivery of which is after 31 December 1979; or
    • .4 which has undergone a major conversion:
      • .1 for which the contract is placed after 31 December 1975; or
      • .2 in the absence of a contract, the construction work of which is begun after 30 June 1976; or
      • .3 which is completed after 31 December 1979.
  • 28.3 oil tanker delivered on or before 1 June 1982means an oil tanker:
    • .1 for which the building contract is placed on or before 1 June 1979; or
    • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or before 1 January 1980; or
    • .3 the delivery of which is on or before 1 June 1982; or
    • .4 which has undergone a major conversion:
      • .1 for which the contract is placed on or before 1 June 1979; or
      • .2 in the absence of a contract, the construction work of which is begun on or before 1 January 1980; or
      • .3 which is completed on or before 1 June 1982.
  • 28.4 oil tanker delivered after 1 June 1982 means an oil tanker:
    • .1 for which the building contract is placed after 1 June 1979; or
    • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 1 January 1980; or
    • .3 the delivery of which is after 1 June 1982; or
    • .4 which has undergone a major conversion:
      • .1 for which the contract is placed after 1 June 1982; or
      • .2 in the absence of a contract, the construction work of which is begun after 1 January 1980 or
      • .3 which is completed after 1 June 1982.
  • 28.5 oil tanker delivered before 6 July 1996 means an oil tanker:
    • .1 for which the building contract is placed before 6 July 1993; or
    • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction before 6 January 1994; or
    • .3 the delivery of which is before 6 July 1996; or
    • .4 which has undergone a major conversion:
      • .1 for which the contract is placed before 6 July 1993; or
      • .2 in the absence of a contract, the construction work of which is begun before 6 January 1994; or
      • .3 which is completed before 6 July 1996.
  • 28.6 oil tanker delivered on or after 6 July 1996means an oil tanker:
    • .1 for which the building contract is placed on or after 6 July 1993; or
    • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 6 January 1994; or
    • .3 the delivery of which is on or after 6 July 1996; or
    • .4 which has undergone a major conversion:
      • .1 for which the contract is placed on or after 6 July 1993; or
      • .2 in the absence of a contract, the construction work of which is begun on or after 6 January 1994 or
      • .3 which is completed on or after 6 July 1996.
  • 28.7 oil tanker delivered on or after 1 February 2002 means an oil tanker:
    • .1 for which the building contract is placed on or after 1 February 1999; or
    • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 1 August 1999; or
    • .3 the delivery of which is on or after 1 February 2002; or
    • .4 which has undergone a major conversion:
      • .1 for which the contract is placed on or after 1 February 1999; or
      • .2 in the absence of a contract, the construction work of which is begun on or after 1 August 1999 or
      • .3 which is completed on or after 1 February 2002.
  • 28.8 oil tanker delivered on or after 1 January 2010 means an oil tanker:
    • .1 for which the building contract is placed on or after 1 January 2007; or
    • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 1 July 2007; or
    • .3 the delivery of which is on or after 1 January 2010; or
    • .4 which has undergone a major conversion:
      • .1 for which the contract is placed on or after 1 January 2007; or
      • .2 in the absence of a contract, the construction work of which is begun on or after 1 July 2007 or
      • .3 which is completed on or after 1 January 2010.
  • 28.9.ship delivered on or after 1 August 2010 means a ship:
    • .1.for which the building contract is placed on or after 1 August 2007; or
    • .2.in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 1 February 2008; or
    • .3.the delivery of which is on or after 1 August 2010; or
    • .4.which has undergone a major conversion:
      • .1.for which the contract is placed after 1 August 2007; or
      • .2.in the absence of contract, the construction work of which is begun after 1 February 2008; or
      • .3.which is completed after 1 August 2010.
  • 29. Parts per million (ppm) means parts of oil per million parts of water by volume.
  • 30. Constructed means a ship the keel of which is laid or which is at a similar stage of construction.
  • 31.Oil residue (sludge) means the residual waste oil products generated during the normal operation of a ship such as those resulting from the purification of fuel or lubricating oil for main or auxiliary machinery, separated waste oil from oil filtering equipment, waste oil collected in drip trays, and waste hydraulic and lubricating oils.
  • 32.Oil residue (sludge) tank means a tank which holds oil residue (sludge) from which sludge may be disposed directly through the standard discharge connection or any other approved means of disposal.
  • 33.Oily bilge water means water which may be contaminated by oil resulting from things such as leakage or maintenance work in machinery spaces. Any liquid entering the bilge system including bilge wells, bilge piping, tank top or bilge holding tanks is considered oily bilge water.
  • 34.Oily bilge water holding tank means a tank collecting oily bilge water prior to its discharge, transfer or disposal.
  • 35. Audit means a systematic, independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled.
  • 36. Audit Scheme means the IMO Member State Audit Scheme established by the Organization and taking into account the guidelines developed by the Organization.
  • 37. Code for Implementation means the IMO Instruments Implementation Code (III Code) adopted by the Organization by resolution A.1070(28).
  • 38. Audit Standard means the Code for Implementation.

Regulation 2 Application

  • 1.Unless expressly provided otherwise, the provisions of this Annex shall apply to all ships.
  • 2.In ships other than oil tankers fitted with cargo spaces which are constructed and utilized to carry oil in bulk of an aggregate capacity of 200 cubic metres or more, the requirements of regulations 16, 26.4, 29, 30, 31, 32, 34 and 36 of this Annex for oil tankers shall also apply to the construction and operation of those spaces, except that where such aggregate capacity is less than 1,000 cubic metres the requirements of regulation 34.6 of this Annex may apply in lieu of regulations 29, 31 and 32.
  • 3.Where a cargo subject to the provisions of Annex II of the present Convention is carried in a cargo space of an oil tanker, the appropriate requirements of Annex II of the present Convention shall also apply.
  • 4.The requirements of regulations 29, 31 and 32 of this Annex shall not apply to oil tankers carrying asphalt or other products subject to the provisions of this Annex, which through their physical properties inhibit effective product/water separation and monitoring, for which the control of discharge under regulation 34 of this Annex shall be effected by the retention of residues on board with discharge of all contaminated washings to reception facilities.
  • 5.Subject to the provisions of paragraph 6 of this regulation, regulations 18.6 to 18.8 of this Annex shall not apply to an oil tanker delivered on or before 1 June 1982, as defined in regulation 1.28.3, solely engaged in specific trades between:
    • .1 ports or terminals within a State Party to the present Convention; or
    • .2 ports or terminals of States Parties to the present Convention, where:
      • .1 the voyage is entirely within a Special Area; or
      • .2 the voyage is entirely within other limits designated by the Organization.
  • 6.The provisions of paragraph 5 of this regulation shall only apply when the ports or terminals where cargo is loaded on such voyages are provided with reception facilities adequate for the reception and treatment of all the ballast and tank washing water from oil tankers using them and all the following conditions are complied with:
    • .1 subject to the exceptions provided for in regulation 4 of this Annex, all ballast water, including clean ballast water, and tank washing residues are retained on board and transferred to the reception facilities and the appropriate entry in the Oil Record Book Part II referred to in regulation 36 of this Annex is endorsed by the competent Port State Authority;
    • .2 agreement has been reached between the Administration and the Governments of the Port States referred to in paragraphs 5.1 or 5.2 of this regulation concerning the use of an oil tanker delivered on or before 1 June 1982, as defined in regulation 1.28.3, for a specific trade;
    • .3 the adequacy of the reception facilities in accordance with the relevant provisions of this Annex at the ports or terminals referred to above, for the purpose of this regulation, is approved by the Governments of the States Parties to the present Convention within which such ports or terminals are situated; and
    • .4 the International Oil Pollution Prevention Certificate is endorsed to the effect that the oil tanker is solely engaged in such specific trade.

Regulation 3 Exemptions and waivers

  • 1.Any ship such as hydrofoil, air-cushion vehicle, near-surface craft and submarine craft etc. whose constructional features are such as to render the application of any of the provisions of chapters 3 and 4 of this Annex or section 1.2 of part II-A of the Polar Code relating to construction and equipment unreasonable or impracticable may be exempted by the Administration from such provisions, provided that the construction and equipment of that ship provides equivalent protection against pollution by oil, having regard to the service for which it is intended.
  • 2.Particulars of any such exemption granted by the Administration shall be indicated in the Certificate referred to in regulation 7 of this Annex.
  • 3.The Administration which allows any such exemption shall, as soon as possible, but not more than 90 days thereafter, communicate to the Organization particulars of same and the reasons therefore, which the Organization shall circulate to the Parties to the present Convention for their information and appropriate action, if any.
  • 4.The Administration may waive the requirements of regulations 29, 31 and 32 of this Annex, for any oil tanker which engages exclusively on voyages both of 72 hours or less in duration and within 50 nautical miles from the nearest land, provided that the oil tanker is engaged exclusively in trades between ports or terminals within a State Party to the present Convention. Any such waiver shall be subject to the requirement that the oil tanker shall retain on board all oily mixtures for subsequent discharge to reception facilities and to the determination by the Administration that facilities available to receive such oily mixtures are adequate.
  • 5.The Administration may waive the requirements of regulations 31 and 32 of this Annex for oil tankers other than those referred to in paragraph 4 of this regulation in cases where:
    • .1 the tanker is an oil tanker delivered on or before 1 June 1982, as defined in regulation 1.28.3, of 40,000 tonnes deadweight or above, as referred to in regulation 2.5 of this Annex, solely engaged in specific trades, and the conditions specified in regulation 2.6 of this Annex are complied with; or
    • .2 the tanker is engaged exclusively in one or more of the following categories of voyages:
      • .1 voyages within special areas; or
      • .2 voyages within Arctic waters; or
      • .3 voyages within 50 nautical miles from the nearest land outside special areas or Arctic waters where the tanker is engaged in:
        • .1 trades between ports or terminals of a State Party to the present Convention; or
        • .2 restricted voyages as determined by the Administration, and of 72 hours or less in duration;
      • provided that all of the following conditions are complied with:
      • .4 all oily mixtures are retained on board for subsequent discharge to reception facilities;
      • .5 for voyages specified in paragraph 5.2.3 of this regulation, the Administration has determined that adequate reception facilities are available to receive such oily mixtures in those oil loading ports or terminals the tanker calls at;
      • .6 the International Oil Pollution Prevention Certificate, when required, is endorsed to the effect that the ship is exclusively engaged in one or more of the categories of voyages specified in paragraphs 5.2.1 and 5.2.3.2 of this regulation; and
      • .7 the quantity, time and port of discharge are recorded in the Oil Record Book.
  • 6.The Administration may waive the requirements of regulation 28(6) for the following oil tankers if loaded in accordance with the conditions approved by the Administration taking into account the guidelines developed by the Organization:
    • .1.oil tankers which are on a dedicated service, with a limited number of permutations of loading such that all anticipated conditions have been approved in the stability information provided to the master in accordance with regulation 28(5);
    • .2.oil tankers where stability verification is made remotely by a means approved by the Administration;
    • .3.oil tankers which are loaded within an approved range of loading conditions; or
    • .4.oil tankers constructed before 1 January 2016 provided with approved limiting KG/GM curves covering all applicable intact and damage stability requirements.

Regulation 4 Exceptions

Regulations 15 and 34 of this Annex and paragraph 1.1.1 of part II-A of the Polar Code shall not apply to:

  • .1 the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or
  • .2 the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment:
    • .1 provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and
    • .2 except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or
    • .3 the discharge into the sea of substances containing oil, approved by the Administration, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur.

Regulation 5 Equivalents

  • 1.The Administration may allow any fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by this Annex if such fitting, material, appliance or apparatus is at least as effective as that required by this Annex. This authority of the Administration shall not extend to substitution of operational methods to effect the control of discharge of oil as equivalent to those design and construction features which are prescribed by regulations in this Annex.
  • 2.The Administration which allows a fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by this Annex shall communicate particulars thereof to the Organization for circulation to the Parties to the Convention for their information and appropriate action, if any.

CHAPTER 2 SURVEYS AND CERTIFICATION

Regulation 6 Surveys

  • 1.Every oil tanker of 150 gross tonnage and above, and every other ship of 400 gross tonnage and above shall be subject to the surveys specified below:
    • .1 an initial survey before the ship is put in service or before the Certificate required under regulation 7 of this Annex is issued for the first time, which shall include a complete survey of its structure, equipment, systems, fittings, arrangements and material in so far as the ship is covered by this Annex. This survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of this Annex;
    • .2 a renewal survey at intervals specified by the Administration, but not exceeding 5 years, except where regulation 10.2.2, 10.5, 10.6 or 10.7 of this Annex is applicable. The renewal survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with applicable requirements of this Annex;
    • .3 an intermediate survey within 3 months before or after the second anniversary date or within 3 months before or after the third anniversary date of the Certificate which shall take the place of one of the annual surveys specified in paragraph 1.4 of this regulation. The intermediate survey shall be such as to ensure that the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, crude oil washing systems, oily-water separating equipment and oil filtering systems, fully comply with the applicable requirements of this Annex and are in good working order. Such intermediate surveys shall be endorsed on the Certificate issued under regulation 7 or 8 of this Annex;
    • .4 an annual survey within 3 months before or after each anniversary date of the Certificate, including a general inspection of the structure, equipment, systems, fittings, arrangements and material referred to in paragraph 1.1 of this regulation to ensure that they have been maintained in accordance with paragraphs 4.1 and 4.2 of this regulation and that they remain satisfactory for the service for which the ship is intended. Such annual surveys shall be endorsed on the Certificate issued under regulation 7 or 8 of this Annex; and
    • .5 an additional survey either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in paragraph 4.3 of this regulation, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory and that the ship complies in all respects with the requirements of this Annex.
  • 2.The Administration shall establish appropriate measures for ships which are not subject to the provisions of paragraph 1 of this regulation in order to ensure that the applicable provisions of this Annex are complied with.
  • 3.1Surveys of ships as regards the enforcement of the provisions of this Annex shall be carried out by officers of the Administration. The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it. Such organizations, including classification societies, shall be authorized by the Administration in accordance with the provisions of the present Convention and with the Code for Recognized Organizations (RO Code), consisting of part 1 and part 2 (the provisions of which shall be treated as mandatory) and part 3 (the provisions of which shall be treated as recommendatory), as adopted by the Organization by resolution [MEPC.237(65)], as may be amended by the Organization, provided that:
    • .1amendments to part 1 and part 2 of the RO Code are adopted, brought into force and take effect in accordance with the provisions of article 16 of the present Convention concerning the amendment procedures applicable to this annex;
    • .2amendments to part 3 of the RO Code are adopted by the Marine Environment Protection Committee in accordance with its Rules of Procedure; and
    • .3any amendments referred to in .1 and .2 adopted by the Maritime Safety Committee and the Marine Environment Protection Committee are identical and come into force or take effect at the same time, as appropriate.
  • 3.2An Administration nominating surveyors or recognizing organizations to conduct surveys as set forth in paragraph 3.1 of this regulation shall, as a minimum, empower any nominated surveyor or recognized organization to:
    • .1 require repairs to a ship; and
    • .2 carry out surveys, if requested by the appropriate authorities of a port State.

    The Administration shall notify the Organization of the specific responsibilities and conditions of the authority delegated to the nominated surveyors or recognized organizations, for circulation to Parties to the present Convention for the information of their officers.
  • 3.3When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the Certificate or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, such surveyor or organization shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the Certificate shall be withdrawn and the Administration shall be notified immediately; and if the ship is in a port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or a recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation. When applicable, the Government of the port State concerned shall take such steps as will ensure that the ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the nearest appropriate repair yard available without presenting an unreasonable threat of harm to the marine environment.
  • 3.4In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the survey and shall undertake to ensure the necessary arrangements to satisfy this obligation.
  • 4.1The condition of the ship and its equipment shall be maintained to conform with the provisions of the present Convention to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.
  • 4.2After any survey of the ship under paragraph 1 of this regulation has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the sanction of the Administration, except the direct replacement of such equipment and fittings.
  • 4.3Whenever an accident occurs to a ship or a defect is discovered which substantially affects the integrity of the ship or the efficiency or completeness of its equipment covered by this Annex the master or owner of the ship shall report at the earliest opportunity to the Administration, the recognized organization or the nominated surveyor responsible for issuing the relevant Certificate, who shall cause investigations to be initiated to determine whether a survey as required by paragraph 1 of this regulation is necessary. If the ship is in a port of another Party, the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognized organization shall ascertain that such report has been made.

Regulation 7 Issue or endorsement of certificate

  • 1.An International Oil Pollution Prevention Certificate shall be issued, after an initial or renewal survey in accordance with the provisions of regulation 6 of this Annex, to any oil tanker of 150 gross tonnage and above and any other ships of 400 gross tonnage and above which are engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the present Convention.
  • 2.Such certificate shall be issued or endorsed as appropriate either by the Administration or by any persons or organization duly authorized by it. In every case the Administration assumes full responsibility for the certificate.

Regulation 8 Issue or endorsement of certificate by another Government

  • 1.The Government of a Party to the present Convention may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the provisions of this Annex are complied with, shall issue or authorize the issue of an International Oil Pollution Prevention Certificate to the ship and where appropriate, endorse or authorize the endorsement of that certificate on the ship in accordance with this Annex.
  • 2.A copy of the certificate and a copy of the survey report shall be transmitted as soon as possible to the requesting Administration.
  • 3.A certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as the certificate issued under regulation 7 of this Annex.
  • 4.No International Oil Pollution Prevention Certificate shall be issued to a ship, which is entitled to fly the flag of a State, which is not a Party.

Regulation 9 Form of certificate

The International Oil Pollution Prevention Certificate shall be drawn up in the form corresponding to the model given in appendix II to this Annex and shall be at least in English, French or Spanish. If an official language of the issuing country is also used, this shall prevail in case of a dispute or discrepancy.

Regulation 10 Duration and validity of certificate

  • 1.An International Oil Pollution Prevention Certificate shall be issued for a period specified by the Administration, which shall not exceed five years.
  • 2.1 Notwithstanding the requirements of paragraph 1 of this regulation, when the renewal survey is completed within 3 months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing certificate.
  • 2.2When the renewal survey is completed after the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing certificate.
  • 2.3When the renewal survey is completed more than 3 months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey.
  • 3.If a certificate is issued for a period of less than 5 years, the Administration may extend the validity of the certificate beyond the expiry date to the maximum period specified in paragraph 1 of this regulation, provided that the surveys referred to in regulations 6.1.3 and 6.1.4 of this Annex applicable when a certificate is issued for a period of 5 years are carried out as appropriate.
  • 4.If a renewal survey has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the person or organization authorized by the Administration may endorse the existing certificate and such a certificate shall be accepted as valid for a further period which shall not exceed 5 months from the expiry date.
  • 5.If a ship at the time when a certificate expires is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No certificate shall be extended for a period longer than 3 months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.
  • 6.A certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.
  • 7.In special circumstances, as determined by the Administration, a new certificate need not be dated from the date of expiry of the existing certificate as required by paragraphs 2.2, 5 or 6 of this regulation. In these special circumstances, the new certificate shall be valid to a date not exceeding 5 years from the date of completion of the renewal survey.
  • 8.If an annual or intermediate survey is completed before the period specified in regulation 6 of this Annex, then:
    • .1 the anniversary date shown on the certificate shall be amended by endorsement to a date which shall not be more than 3 months later than the date on which the survey was completed;
    • .2 the subsequent annual or intermediate survey required by regulation 6.1 of this Annex shall be completed at the intervals prescribed by that regulation using the new anniversary date; and
    • .3 the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by regulation 6.1 of this Annex are not exceeded.
  • 9.A certificate issued under regulation 7 or 8 of this Annex shall cease to be valid in any of the following cases:
    • .1 if the relevant surveys are not completed within the periods specified under regulation 6.1 of this Annex;
    • .2 if the certificate is not endorsed in accordance with regulation 6.1.3 or 6.1.4 of this Annex; or
    • .3 upon transfer of the ship to the flag of another State. A new certificate shall only be issued when the Government issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of regulations 6.4.1 and 6.4.2 of this Annex. In the case of a transfer between Parties, if requested within 3 months after the transfer has taken place, the Government of the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the certificate carried by the ship before the transfer and, if available, copies of the relevant survey reports.

Regulation 11 Port State control on operational requirements

  • 1.A ship when in a port or an offshore terminal of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, 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 oil.
  • 2.In the circumstances given in paragraph 1 of this regulation, the Party shall take such steps as will ensure that the ship shall not sail until the situation have been brought to order in accordance with the requirements of this Annex.
  • 3.Procedures relating to the port State control prescribed in article 5 of the present Convention shall apply to this regulation.
  • 4.Nothing in this regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.

CHAPTER 3 REQUIREMENTS FOR MACHINERY SPACES OF ALL SHIPS

PART A CONSTRUCTION

Regulation 12 Tanks for oil residues (sludge)
  • 1. Unless indicated otherwise, this regulation applies to every ship of 400 gross tonnage and above except that paragraph 3.5 of this regulation need only be applied as far as is reasonable and practicable to ships delivered on or before 31 December 1979, as defined in regulation 1.28.1.
  • 2. Oil residue (sludge) may be disposed of directly from the oil residue (sludge) tank(s) to reception facilities through the standard discharge connection referred to in regulation 13, or to any other approved means of disposal of oil residue (sludge), such as an incinerator, auxiliary boiler suitable for burning oil residues (sludge) or other acceptable means which shall be annotated in item 3.2 of the Supplement to IOPP Certificate Form A or B.
  • 3. Oil residue (sludge) tank(s) shall be provided and:
    • .1shall be of adequate capacity, having regard to the type of machinery and length of voyage, to receive the oil residues (sludge) which cannot be dealt with otherwise in accordance with the requirements of this Annex;
    • .2shall be provided with a designated pump that is capable of taking suction from the oil residue (sludge) tank(s) for disposal of oil residue (sludge) by means as described in regulation 12.2;
    • .3.shall have no discharge connections to the bilge system, oily bilge water holding tank(s), tank top or oily water separators, except that:
      • .1the tank(s) may be fitted with drains, with manually operated self-closing valves and arrangements for subsequent visual monitoring of the settled water, that lead to an oily bilge water holding tank or bilge well, or an alternative arrangement, provided such arrangement does not connect directly to the bilge discharge piping system; and
      • .2the sludge tank discharge piping and bilge-water piping may be connected to a common piping leading to the standard discharge connection referred to in regulation 13; the connection of both systems to the possible common piping leading to the standard discharge connection referred to in regulation 13 shall not allow for the transfer of sludge to the bilge system;
    • .4shall not be arranged with any piping that has direct connection overboard, other than the standard discharge connection referred to in regulation 13; and
    • .5shall be designed and constructed so as to facilitate their cleaning and the discharge of residues to reception facilities.
  • 4. Ships constructed before 1 January 2017 shall be arranged to comply with paragraph 3.3 of this regulation not later than the first renewal survey carried out on or after 1 January 2017.
Regulation 12A Oil fuel tank protection
  • 1. This regulation shall apply to all ships with an aggregate oil fuel capacity of 600 m3 and above which are delivered on or after 1 August 2010, as defined in regulation 1.28.9 of this Annex.
  • 2. The application of this regulation in determining the location of tanks used to carry oil fuel does not govern over the provisions of regulation 19 of this Annex.
  • 3. For the purpose of this regulation, the following definitions shall apply:
    • .1.“Oil fuel” means any oil used as fuel oil in connection with the propulsion and auxiliary machinery of the ship in which such oil is carried.
    • .2.“Load line draught (ds)” is the vertical distance, in metres, from the moulded baseline at mid-length to the waterline corresponding to the summer freeboard draught to be assigned to the ship.
    • .3.“Light ship draught” is the moulded draught amidships corresponding to the lightweight.
    • .4.“Partial load line draught (dp)” is the light ship draught plus 60% of the difference between the light ship draught and the load line draught (ds). The partial load line draught (dp) shall be measured in metres.
    • .5.“Waterline dB” is the vertical distance, in metres, from the moulded baseline at mid-length to the waterline corresponding to 30% of the depth Ds.
    • .6.“Breadth BS” is the greatest moulded breadth of the ship, in metres, at or below the deepest load line line draught dS.
    • .7.“Breadth BB” is the greatest moulded breadth of the ship, in metres, at or below the waterline dB.
    • .8.“Depth Ds” is the moulded depth, in metres, measured at mid-length to the upper deck at side. For the purpose of the application, “upper deck” means the highest deck to which the watertight transverse bulkheads except aft peak bulkheads extend.
    • .9.“Length L” means 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline. The length L shall be measured in metres.
    • .10.“Breadth B” means the maximum breadth of the ship, in metres, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material.
    • .11.“Oil fuel tank” means a tank in which oil fuel is carried, but excludes those tanks which would not contain oil fuel in normal operation, such as overflow tanks.
    • .12.“Small oil fuel tank” is an oil fuel tank with a maximum individual capacity not greater than 30 m3.
    • .13.“C” is the ship’s total volume of oil fuel, including that of the small oil fuel tanks, in m3, at 98% tank filling.
    • .14.“Oil fuel capacity” means the volume of a tank in m3, at 98% filling.
  • 4. the provisions of this regulation shall apply to all oil fuel tanks except small oil fuel tanks, as defined in 3.12, provided that the aggregate capacity of such excluded tanks is not greater than 600 m3.
  • 5. Individual oil fuel tanks shall not have a capacity of over 2,500 m3.
  • 6. For ships, other than self-elevating drilling units, having an aggregate oil fuel capacity of 600 m3 and above, oil fuel tanks shall be located above the moulded line of the bottom shell plating nowhere less than the distance has specified below:
    • h = B/20 m or,
    • h = 2.0 m, whichever is the lesser.

    The minimum value of h = 0.76 m
    In the turn of the bilge area and at location without a clearly defined turn of the bilge, the oil fuel tank boundary line shall run parallel to the line of the midship flat bottom as shown in Figure 1.
  • 7. For ships having an aggregate oil fuel capacity of 600 m3 or more but less than 5,000 m3, oil fuel tanks shall be located inboard of the moulded line of the side shell plating, nowhere less than the distance w which, as shown in Figure 2, is measured at any cross-section at right angles to the side shell, as specified below:
    w = 0.4 + 2.4 C/20,000 m
    The minimum value of w = 1.0 m, however for individual tanks with an oil fuel capacity of less than 500 m3 the minimum value is 0.76 m.
  • 8. For ships having an aggregate oil fuel capacity of 5,000 m3 and over, oil fuel tanks shall be located inboard of the moulded line of the side shell plating, nowhere less than the distance w which, as shown in Figure 2, is measured at any cross-section at right angles to the side shell, as specified below:
    w = 0.5 + C/20,000 m or
    w = 2.0 m, whichever is the lesser.
    The minimum value of w = 1.0 m
  • 9. Lines of oil fuel piping located at a distance from the ship’s bottom of less than h, as defined in paragraph 6, or from the ship’s side less than w, as defined in paragraphs 7 and 8 shall be fitted with valves or similar closing devices within or immediately adjacent to the oil fuel tank. These valves shall be capable of being brought into operation from a readily accessible enclosed space the location of which is accessible from the navigation bridge or propulsion machinery control position without traversing exposed freeboard or superstructure decks. The valves shall close in case of remote control system failure (fail in a closed position) and shall be kept closed at sea at any time when the tank contains oil fuel except that they may be opened during oil fuel transfer operations.
  • 10. Suction wells in oil fuel tanks may protrude into the double bottom below the boundary line defined by the distance h provided that such wells are as small as practicable and the distance between the well bottom and the bottom shell plating is not less than 0.5 h.
  • 11. Alternatively to paragraphs 6 and either 7 or 8, ships shall comply with the accidental oil fuel outflow performance standard specified below:
    • .1.The level of protection against oil fuel pollution in the event of collision or grounding shall be assessed on the basis of the mean oil outflow parameter as follows:
      OM < 0.0157-1.14E-6.C for 600 m3 ≤ C < 5,000 m3
      OM < 0.010 for C ≥ 5,000 m3

      Where:
      OM = mean oil outflow parameter;
      C = total oil fuel volume.
    • .2.The following general assumption shall apply when calculating the mean oil outflow parameter:
      • .1.the ship shall be assumed loaded to the partial load line draught (dp) without trim or heel;
      • .2.all oil fuel tanks shall be assumed loaded to 98% of their volumetric capacity;
      • .3.the nominal density of the oil fuel (ρn) shall generally be taken as 1,000 kg/m3. If the density of the oil fuel is specifically restricted to a lesser value, the lesser value may be applied; and
      • .4.for the purpose of these outflow calculations, the permeability of each oil fuel tank shall be taken as 0.99, unless proven otherwise.
    • .3.The following assumptions shall be used when combining the oil outflow parameters:
      • .1.The mean oil outflow shall be calculated independently for side damage and for bottom damage and then combined into a non-dimensional oil outflow parameter OM, as follows:
        OM = (0.4 OMS + 0.6 OMB) / C
        Where:
        OMS = mean outflow for side damage, in m3
        OMB = mean outflow for bottom damage, in m3
        C = total oil fuel volume.
      • .2.For bottom damage, independent calculations for mean outflow shall be done for 0 m and 2.5 m tide conditions, and then combined as follows:
        OMB = 0.7 OMB(0) + 0.3 OMB(2.5)
        where:
        OMB(0) = mean outflow for 0 m tide condition, and
        OMB(2.5) = mean outflow for minus 2.5 m tide condition, in m3.
    • .4.The mean outflow for side damage OMS shall be calculated as follows:

      where:
      i = represents each oil fuel tank under consideration;
      n = total number of oil fuel tanks;
      Ps(i) = the probability of penetrating oil fuel tank i from side damage, calculated in accordance with paragraph 11.6 of this regulation;
      Os(i) = the outflow, in m3, from side damage to oil fuel tank i, which is assumed equal to the total volume in oil fuel tank i at 98% filling.
    • .5.The mean outflow for bottom damage shall be calculated for each tidal condition as follows:
      • .1.
        where:
        i = represents each oil fuel tank under consideration;
        n = total number of oil fuel tanks;
        PB(i) = the probability of penetrating oil fuel tank i from bottom damage, calculated in accordance with paragraph 11.7 of this regulation;
        OB(i) = the outflow from oil fuel tank, in m3, calculated in accordance with paragraph 11.5.3 of this regulation; and
        CDB(i) = factor to account for oil capture as defined in paragraph 11.5.4.
      • .2.
        where:
        i, n PB(i) and CDB(i) = as defined in subparagraph .1 above
        OB(i) = the outflow oil fuel tank i, in m3, after tidal change.
      • .3.The oil outflow OB(i) for each oil fuel tank shall be calculated based on pressure balance principles, in accordance with the following assumptions:
        • .1.The ship shall be assumed stranded with zero trim and heel, with the stranded draught prior to tidal change equal to the partial load line draught dp.
        • .2.The oil fuel level after damage shall be calculated as follows:

          where:
          hF = the height of the oil fuel surface above Zl, in m;
          tC = the tidal change, in m. Reductions in tide shall be expressed as negative values;
          Zl = the height of the lowest point in the oil fuel tank above the baseline, in m;
          ρ s = density of seawater, to be taken as 1,025 kg/m3; and,
          ρ n = nominal density of the oil fuel, as defined in 11.2.3.
        • .3.The oil outflow OB(i) for any tank bounding the bottom shell plating shall be taken not less than the following formula, but no more than the tank capacity:
          OB(i) = Hw A
          where:
          HW = 1.0 m, when YB = 0
          HW = BB/50 but not greater than 0.4 m, when YB is greater than BB/5 or 11.5 m, whichever is less
          HW is to be measured upwards from the midship flat bottom line. In the turn of the bilge area and at locations without a clearly defined turn of the bilge, HW is to be measured from a line parallel to the midship flat bottom, as shown for distance “h” in Figure 1.
          For YB values outboard BB/5 or 11.5 m, whichever is less, HW is to be linearly interpolated.
          YB = the minimum value of YB over the length of the oil fuel tank, where at any given location, YB is the transverse distance between the side shell at waterline dB and the tank at or below waterline dB.
          A = the maximum horizontal projected area of the oil fuel tank up to the level of HW from the bottom of the tank.
      • .4.In the case of bottom damage, a portion from the outflow from an oil fuel tank may be captured by non-oil compartments. This effect is approximated by application of the factor CDB(i) for each tank, which shall be taken as follows:
        CDB(i) = 0.6 for oil fuel tanks bounded from below by non-oil compartments;
        CDB(i) = 1 otherwise.
    • .6.The probability PS of breaching a compartment from side damage shall be calculated as follows:
      • .1.PS = PSL . PSV . PST
        where:
        PSL = (1 – PSf – PSa) = probability the damage will extend into the longitudinal zone bounded by Xa and Xf;
        PSV = (1 – PSa – PSl) = probability the damage will extend into the vertical zone bounded by Zl and Zu;
        PST = (1 – PSy) = probability the damage will extend transversely beyond the boundary defined by y;
      • .2.PSa, PSf, PSu and PSl shall be determined by linear interpolation from the table of probabilities for side damage provided in 11.6.3, and PSy shall be calculated from the formulas provided in 11.6.3, where:
        PSa = the probability the damage will lie entirely aft of location Xa/L;
        PSf = the probability the damage will lie entirely forward of location Xf/L;
        PSl = probability the damage will lie entirely below the tank;
        PSu = probability the damage will lie entirely above the tank; and
        PSy = probability the damage will lie entirely outboard the tank.
        Compartment boundaries Xa, Xf, Zl, Zu and y shall be developed as follows:
        Xa = the longitudinal distance from aft terminal of L to the aft most point on the compartment being considered, in m;
        Xf = the longitudinal distance from aft terminal of L to the foremost point on the compartment being considered, in m;
        Zl = the vertical distance from the moulded baseline to the lowest point on the compartment being considered, in m. Where Zl is greater than DS, Zl shall be taken as DS;
        Zu = the vertical distance from the moulded baseline to the highest point on the compartment being considered, in m. Where Zu is greater than DS, Zu shall be taken as DS; and,
        y = the minimum horizontal distance measured at right angles to the centreline between the compartment under consideration and the side shell, in m1 .
        In way of the turn of the bilge, y need not to be considered below a distance h above baseline, where h is lesser of B/10, 3 m or the top of the tank.
      • .3.Table of Probabilities for side damage
        0,00 0,000 0,00 0,967 0,00 0,000 0,00 0,968
        0,05 0,023 0,05 0,917 0,05 0,000 0,05 0,952
        0,10 0,068 0,10 0,867 0,10 0,001 0,10 0,931
        0,15 0,117 0,15 0,817 0,15 0,003 0,15 0,905
        0,20 0,167 0,20 0,767 0,20 0,007 0,20 0,873
        0,25 0,217 0,25 0,717 0,25 0,013 0,25 0,836
        0,30 0,267 0,30 0,667 0,30 0,021 0,30 0,789
        0,35 0,317 0,35 0,617 0,35 0,034 0,35 0,733
        0,40 0,367 0,40 0,567 0,40 0,055 0,40 0,670
        0,45 0,417 0,45 0,517 0,45 0,085 0,45 0,599
        0,50 0,467 0,50 0,467 0,50 0,123 0,50 0,525
        0,55 0,517 0,55 0,417 0,55 0,172 0,55 0,452
        0,60 0,567 0,60 0,367 0,60 0,226 0,60 0,383
        0,65 0,617 0,65 0,317 0,65 0,285 0,65 0,317
        0,70 0,667 0,70 0,267 0,70 0,347 0,70 0,255
        0,75 0,717 0,75 0,217 0,75 0,413 0,75 0,197
        0,80 0,767 0,80 0,167 0,80 0,482 0,80 0,143
        0,85 0,817 0,85 0,117 0,85 0,553 0,85 0,092
        0,90 0,867 0,90 0,068 0,90 0,626 0,90 0,046
        0,95 0,917 0,95 0,023 0,95 0,700 0,95 0,013
        1,00 0,967 1,00 0,000 1,00 0,775 1,00 0,000

        PSy shall be calculated as follows:
        PSy = (24.96 – 199.6 y/BS)(y/BS) for y/BS ≤ 0.05
        PSy = 0.749 + {5 – 44.4 (y/BS – 0.05)} {(y/BS) – 0.05} for 0.05 < y/BS < 0.1
        PSy = 0.888 + 0.56 (y/BS – 0.1) for y/BS ≥ 0.1
        PSy is not to be taken greater than 1.
    • .7.The probability PB of breaching a compartment from bottom damage shall be calculated as follows:
      • .1.PB = PBL . PBT . PBV
        where:
        PBL = (1 – PBf – PBa) = probability the damage will extend into the longitudinal zone bounded by Xa and Xf;
        PBT = (1 – PBp – PBs) = probability the damage will extend into transverse zone bounded by Yp and Ys; and
        PBV = (1 – PBz) = probability the damage will extend vertically above the boundary defined by z;
      • .2.PBa, PBf, PBp and PBs shall be determined by linear interpolation from the table of probabilities for bottom damage provided in 11.7.3, and PBz shall be calculated from the formulas provided in 11.7.3, where:
        PBa = the probability the damage will lie entirely aft of location Xa/L;
        PBf = the probability the damage will lie entirely forward of location Xf/L;
        PBp = probability the damage will lie entirely to port of the tank;
        PBs = probability the damage will lie entirely to starboard the tank; and
        PBz = probability the damage will lie entirely below the tank.
        Compartment boundaries Xa, Xf, Yp, Ys and z shall be developed as follows:
        Xa and Xf as defined in 11.6.2;
        Yp = the transverse distance from the port-most point on the compartment located at or below the waterline dB, to a vertical plane located BB/2 to starboard of the ship’s centreline;
        Ys = the transverse distance from the starboard-most point on the compartment located at or below the waterline dB, to a vertical plane located BB/2 to starboard of the ship’s centreline; and
        z = the minimum value of z over the length of the compartment, where, at any given longitudinal location, z is the vertical distance from the lower point of the bottom shell at that longitudinal location to the lower point of the compartment at that longitudinal location.
      • .3.Table of probabilities for bottom damage
        0,00 0,000 0,00 0,969 0,00 0,844 0,00 0,000
        0,05 0,002 0,05 0,953 0,05 0,794 0,05 0,009
        0,10 0,008 0,10 0,936 0,10 0,744 0,10 0,032
        0,15 0,017 0,15 0,916 0,15 0,694 0,15 0,063
        0,20 0,029 0,20 0,894 0,20 0,644 0,20 0,097
        0,25 0,042 0,25 0,870 0,25 0,594 0,25 0,133
        0,30 0,058 0,30 0,842 0,30 0,544 0,30 0,171
        0,35 0,076 0,35 0,810 0,35 0,494 0,35 0,211
        0,40 0,096 0,40 0,775 0,40 0,444 0,40 0,253
        0,45 0,119 0,45 0,734 0,45 0,394 0,45 0,297
        0,50 0,143 0,50 0,687 0,50 0,344 0,50 0,344
        0,55 0,171 0,55 0,630 0,55 0,297 0,55 0,394
        0,60 0,203 0,60 0,563 0,60 0,253 0,60 0,444
        0,65 0,242 0,65 0,489 0,65 0,211 0,65 0,494
        0,70 0,289 0,70 0,413 0,70 0,171 0,70 0,544
        0,80 0,409 0,80 0,252 0,80 0,097 0,80 0,644
        0,85 0,482 0,85 0,170 0,85 0,063 0,85 0,694
        0,90 0,565 0,90 0,089 0,90 0,032 0,90 0,744
        0,95 0,658 0,95 0,026 0,95 0,009 0,95 0,794
        1,00 0,761 1,00 0,000 1,00 0,000 1,00 0,844

        PBz shall be calculated as follows:
        PBz = (14.5 – 67 z/Ds) (z/Ds) for z/DS ≤ 0.1
        PBz = 0.78 + 1.1 {(z/DS – 0.1)} for z/DS > 0.1
        PBz is not to be taken greater than 1.  
    • .8.For the purpose of maintenance and inspection, any oil fuel tanks that do not border the outer shell plating shall be located no closer to the bottom shell plating than the minimum value of h in paragraph 6 and no closer to the side shell plating than the applicable minimum value of w in paragraph 7 or 8.
  • 12. In approving the design and construction of ships to be built in accordance with this regulation, Administrations shall have due regard to the general safety aspects, including the need for maintenance and inspection of wing and double bottom tanks or spaces.
Regulation 13 Standard discharge connection

To enable pipes of reception facilities to be connected with the ship’s discharge pipeline for residues from machinery bilges and from oil residue (sludge) tanks, both lines shall be fitted with a standard discharge connection in accordance with the following table:

Standard dimensions of flanges for discharge connections

Outside diameter 215 mm
Inner diameter According to pipe outside diameter
Bolt circle diameter 183 mm
Slots in flange 6 holes 22 mm in diameter equidistantly placed on a bolt circle of the above diameter, slotted to the flange periphery. The slot width to be 22 mm
Flange thickness 20 mm
Bolts and nuts: quantity, diameter 6, each of 20 mm in diameter and of suitable length
The flange is designed to accept pipes up to a maximum internal diameter of 125 mm and shall be of steel or other equivalent material having a flat face. This flange, together with a gasket of oil-proof material, shall be suitable for a service pressure of 600 kPa.

PART B EQUIPMENT

Regulation 14 Oil filtering equipment
  • 1. Except as specified in paragraph 3 of this regulation any ship of 400 gross tonnage and above but less than 10,000 gross tonnage shall be fitted with oil filtering equipment complying with paragraph 6 of this regulation. Any such ship which may discharge into the sea ballast water retained in fuel oil tanks in accordance with regulation 16.2 shall comply with paragraph 2 of this regulation.
  • 2. Except as specified in paragraph 3 of this regulation any ship of 10,000 gross tonnage and above shall be fitted with oil filtering equipment complying with paragraph 7 of this regulation.
  • 3. Ships, such as hotel ships, storage vessels, etc., which are stationary except for non-cargo-carrying relocation voyages need not be provided with oil filtering equipment. Such ships shall be provided with a holding tank having a volume adequate, to the satisfaction of the Administration, for the total retention on board of the oily bilge water. All oily bilge water shall be retained on board for subsequent discharge to reception facilities.
  • 4. The Administration shall ensure that ships of less than 400 gross tonnage are equipped, as far as practicable, to retain on board oil or oily mixtures or discharge them in accordance with the requirements of regulation 15.6 of this Annex.
  • 5. The Administration may waive the requirements of paragraphs 1 and 2 of this regulation for:
    • .1 any ship engaged exclusively on voyages within special areas or Arctic waters, or
    • .2 any ship certified under the International Code of Safety for High-Speed Craft (or otherwise within the scope of this Code with regard to size and design) engaged on a scheduled service with a turn-around time not exceeding 24 hours and covering also non-passenger/cargo-carrying relocation voyages for these ships,
    • .3 with regard to the provision of subparagraphs .1 and .2 above, the following conditions shall be complied with:
      • .1 the ship is fitted with a holding tank having a volume adequate, to the satisfaction of the Administration, for the total retention on board of the oily bilge water;
      • .2 all oily bilge water is retained on board for subsequent discharge to reception facilities;
      • .3 the Administration has determined that adequate reception facilities are available to receive such oily bilge water in a sufficient number of ports or terminals the ship calls at;
      • .4 the International Oil Pollution Prevention Certificate, when required, is endorsed to the effect that the ship is exclusively engaged on the voyages within special areas or Arctic waters or has been accepted as a high-speed craft for the purpose of this regulation and the service is identified; and
      • .5 the quantity, time, and port of the discharge are recorded in the Oil Record Book Part I.
  • 6. Oil filtering equipment referred to in paragraph 1 of this regulation shall be of a design approved by the Administration and shall be such as will ensure that any oily mixture discharged into the sea after passing through the system has an oil content not exceeding 15 parts per million. In considering the design of such equipment, the Administration shall have regard to the specification recommended by the Organization.
  • 7. Oil filtering equipment referred to in paragraph 2 of this regulation shall comply with paragraph 6 of this regulation. In addition, it shall be provided with alarm arrangement to indicate when this level cannot be maintained. The system shall also be provided with arrangements to ensure that any discharge of oily mixtures is automatically stopped when the oil content of the effluent exceeds 15 parts per million. In considering the design of such equipment and approvals, the Administration shall have regard to the specification recommended by the Organization.

PART C CONTROL OF OPERATIONAL DISCHARGE OF OIL

Regulation 15 Control of discharge of oil
  • 1. Subject to the provisions of regulation 4 of this annex and paragraphs 2, 3, and 6 of this regulation, any discharge into the sea of oil or oily mixtures from ships shall be prohibited.
  • 2. Any discharge into the sea of oil or oily mixtures from ships of 400 gross tonnage and above shall be prohibited except when all the following conditions are satisfied:
    • .1 the ship is proceeding en route;
    • .2 the oily mixture is processed through an oil filtering equipment meeting the requirements of regulation 14 of this Annex;
    • .3 the oil content of the effluent without dilution does not exceed 15 parts per million;
    • .4 the oily mixture does not originate from cargo pump room bilges on oil tankers; and
    • .5 the oily mixture, in case of oil tankers, is not mixed with oil cargo residues.
  • 3. Any discharge into the sea of oil or oily mixtures from ships of 400 gross tonnage and above shall be prohibited except when all of the following conditions are satisfied:
    • .1 the ship is proceeding en route;
    • .2 the oily mixture is processed through an oil filtering equipment meeting the requirements of regulation 14.7 of this Annex;
    • .3 the oil content of the effluent without dilution does not exceed 15 parts per million;
    • .4 the oily mixture does not originate from cargo pump room bilges on oil tankers; and
    • .5 the oily mixture, in case of oil tankers, is not mixed with oil cargo residues.
  • 4. In respect of the Antarctic area, any discharge into the sea of oil or oily mixtures from any ship shall be prohibited.
  • 5. Nothing in this regulation shall prohibit a ship on a voyage only part of which is in a special area from discharging outside a special area in accordance with paragraphs 2 of this regulation.
  • 6. In the case of a ship of less than 400 gross tonnage, oil and all oily mixtures shall either be retained on board for subsequent discharge to reception facilities or discharged into the sea in accordance with the following provisions:
    • .1 the ship is proceeding en route;
    • .2 the ship has in operation equipment of a design approved by the Administration that ensures that the oil content of the effluent without dilution does not exceed 15 parts per million;
    • .3 the oily mixture does not originate from cargo pump room bilges on oil tankers; and
    • .4 the oily mixture, in case of oil tankers, is not mixed with oil cargo residues.
  • 7. Whenever visible traces of oil are observed on or below the surface of the water in the immediate vicinity of a ship or its wake, Governments of Parties to the present Convention should, to the extent they are reasonably able to do so, promptly investigate the facts bearing on the issue of whether there has been a violation of the provisions of this regulation. The investigation should include, in particular, the wind and sea conditions, the track and speed of the ship, other possible sources of the visible traces in the vicinity, and any relevant oil discharge records.
  • 8. No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation.
  • 9. The oil residues which cannot be discharged into the sea in compliance with this regulation shall be retained on board for subsequent discharge to reception facilities.
Regulation 16 Segregation of oil and water ballast and carriage of oil in forepeak tanks
  • 1. Except as provided in paragraph 2 of this regulation, in ships delivered after 31 December 1979, as defined in regulation 1.28.2, of 4,000 gross tonnage and above other than oil tankers, and in oil tankers delivered after 31 December 1979, as defined in regulation 1.28.2, of 150 gross tonnage and above, no ballast water shall be carried in any oil fuel tank.
  • 2. Where the need to carry large quantities of oil fuel render it necessary to carry ballast water which is not a clean ballast in any oil fuel tank, such ballast water shall be discharged to reception facilities or into the sea in compliance with regulation 15 of this Annex using the equipment specified in regulation 14.2 of this Annex, and an entry shall be made in the Oil Record Book to this effect.
  • 3. In a ship of 400 gross tonnage and above, for which the building contract is placed after 1 January 1982 or, in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 1 July 1982, oil shall not be carried in a forepeak tank or a tank forward of the collision bulkhead.
  • 4. All ships other than those subject to paragraphs 1 and 3 of this regulation shall comply with the provisions of those paragraphs as far as is reasonable and practicable.
Regulation 17 Oil Record Book, Part I - Machinery space operations
  • 1. Every oil tanker of 150 gross tonnage and above and every ship of 400 gross tonnage and above other than an oil tanker shall be provided with an Oil Record Book Part I (Machinery Space Operations). The Oil Record Book, whether as a part of the ship’s official log-book or otherwise, shall be in the Form specified in appendix III to this Annex.
  • 2. The Oil Record Book Part I shall be completed on each occasion, on a tank-to-tank basis if appropriate, whenever any of the following machinery space operations takes place in the ship:
    • .1 ballasting or cleaning of oil fuel tanks;
    • .2 discharge of dirty ballast or cleaning water from oil fuel tanks;
    • .3 collection and disposal of oil residues (oil residue (sludge));
    • .4 discharge overboard or disposal otherwise of bilge water which has accumulated in machinery spaces; and
    • .5 bunkering of fuel or bulk lubricating oil.
  • 3. In the event of such discharge of oil or oily mixture as is referred to in regulation 4 of this Annex or in the event of accidental or other exceptional discharge of oil not excepted by that regulation, a statement shall be made in the Oil Record Book Part I of the circumstances of, and the reasons for, the discharge.
  • 4. Each operation described in paragraph 2 of this regulation shall be fully recorded without delay in the Oil Record Book Part I, so that all entries in the book appropriate to that operation are completed. Each completed operation shall be signed by the officer or officers in charge of the operations concerned and each completed page shall be signed by the master of ship. The entries in the Oil Record Book Part I, for ships holding an International Oil Pollution Prevention Certificate, shall be at least in English, French or Spanish. Where entries in an official national language of the State whose flag the ship is entitled to fly are also used, this shall prevail in case of a dispute or discrepancy.
  • 5. Any failure of the oil filtering equipment shall be recorded in the Oil Record Book Part I.
  • 6. The Oil Record Book Part I, shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be preserved for a period of three years after the last entry has been made.
  • 7. The competent authority of the Government of a Party to the present Convention may inspect the Oil Record Book Part I on board any ship to which this Annex applies while the ship is in its port or offshore terminals and may make a copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the master of the ship as a true copy of an entry in the ship’s Oil Record Book Part I shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of an Oil Record Book Part I and the taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.

CHAPTER 4 REQUIREMENTS FOR THE CARGO AREA OF OIL TANKERS

PART A CONSTRUCTION

Regulation 18 Segregated Ballast Tanks
  • 1. Every crude oil tanker of 20,000 tonnes deadweight and above and every product carrier of 30,000 tonnes deadweight and above delivered after 1 June 1982, as defined in regulation 1.28.4, shall be provided with segregated ballast tanks and shall comply with paragraphs 2, 3 and 4, or 5 as appropriate, of this regulation.
  • 2. The capacity of the segregated ballast tanks shall be so determined that the ship may operate safely on ballast voyages without recourse to the use of cargo tanks for water ballast except as provided for in paragraph 3 or 4 of this regulation. In all cases, however, the capacity of segregated ballast tanks shall be at least such that, in any ballast condition at any part of the voyage, including the conditions consisting of lightweight plus segregated ballast only, the ship’s draughts and trim can meet the following requirements:
    • .1 the moulded draught amidships (dm) in metres (without taking into account any ship’s deformation) shall not be less than:
    • dm = 2.0 + 0.02L
    • .2 the draughts at the forward and after perpendiculars shall correspond to those determined by the draught amidships (dm) as specified in paragraph 2.1 of this regulation, in association with the trim by the stern of not greater than 0.015L; and
    • .3 in any case the draught at the after perpendicular shall not be less than that which is necessary to obtain full immersion of the propeller(s).
  • 3. In no case shall ballast water be carried in cargo tanks, except:
    • .1 on those rare voyages when weather conditions are so severe that, in the opinion of the master, it is necessary to carry additional ballast water in cargo tanks for the safety of the ship; and
    • .2 in exceptional cases where the particular character of the operation of an oil tanker renders it necessary to carry ballast water in excess of the quantity required under paragraph 2 of this regulation, provided that such operation of the oil tanker falls under the category of exceptional cases as established by the Organization.
  • 4. In the case of crude oil tankers, the additional ballast permitted in paragraph 3 of this regulation shall be carried in cargo tanks only if such tanks have been crude oil washed in accordance with regulation 35 of this Annex before departure from an oil unloading port or terminal.
  • 5. Notwithstanding the provisions of paragraph 2 of this regulation the segregated ballast conditions for oil tankers less than 150 metres in length shall be to the satisfaction of the Administration.
  • 6. Subject to the provisions of paragraph 7 of this regulation every crude oil tanker of 40,000 tonnes deadweight and above delivered on or before 1 June 1982, as defined in regulation 1.28.3, shall be provided with segregated ballast tanks and shall comply with the requirements of paragraphs 2 and 3 of this regulation.
  • 7. Crude oil tankers referred to in paragraph 6 of this regulation may, in lieu of being provided with segregated tanks operate with a cargo tank cleaning procedure using crude oil washing in accordance with regulation 33 and 35 of this Annex unless the crude oil tanker is intended to carry crude oil which is not suitable for crude oil washing.
  • 8. Every product carrier of 40,000 tonnes deadweight and above delivered on or before 1 June 1982, as defined in regulation 1.28.3, shall be provided with segregated ballast tanks and shall comply with the requirements of paragraphs 2 and 3 of this regulation, or alternatively operate with dedicated clean ballast tanks in accordance with the following provisions:
    • .1 The product carrier shall have adequate tank capacity, dedicated solely to the carriage of clean ballast as defined in regulation 1.17 of this Annex, to meet the requirements of paragraphs 2 and 3 of this regulation.
    • .2 The arrangements and operational procedures for dedicated clean ballast tanks shall comply with the requirements established by the Administration. Such requirements shall contain at least all the provisions of the revised Specifications for Oil Tankers with Dedicated Clean Ballast Tanks adopted by the Organization by resolution A.495(XII).
    • .3 The product carrier shall be equipped with an oil content meter, approved by the Administration on the basis of specifications recommended by the Organization, to enable supervision of the oil content in ballast water being discharged.
    • .4 Every product carrier operating with dedicated clean ballast tanks shall be provided with a Dedicated Clean Ballast Tank Operation Manual detailing the system and specifying operational procedures. Such a Manual shall be to the satisfaction of the Administration and shall contain all the information set out in the Specifications referred to in subparagraph 8.2 of this regulation. If an alteration affecting the dedicated clean ballast tank system is made, the Operation Manual shall be revised accordingly.
  • 9. Any oil tanker which is not required to be provided with segregated ballast tanks in accordance with paragraphs 1, 6 or 8 of this regulation may, however be qualified as a segregated ballast tanker, provided that it complies with the requirements of paragraphs 2 and 3 or 5 as appropriate, of this regulation.
  • 10. Oil tankers delivered on or before 1 June 1982, as defined in regulation 1.28.3, having special ballast arrangements.
    • .1 Where an oil tanker delivered on or before 1 June 1982, as defined in regulation 1.28.3, is so constructed or operates in such a manner that it complies at all times with the draught and trim requirements set out in paragraph 2 of this regulation without recourse to the use of ballast water, it shall be deemed to comply with the segregated ballast tank requirements referred to in paragraph 6 of this regulation, provided that all of the following conditions are complied with:
      • .1 operational procedures and ballast arrangements are approved by the Administration;
      • .2 agreement is reached between the Administration and the Governments of the port States Parties to the present convention concerned when the draught and trim requirements are achieved through an operational procedure; and
      • .3 the International Oil Pollution Prevention Certificate is endorsed to the effect that the oil tanker is operating with special ballast arrangements.
    • .2 In no case shall ballast water be carried in oil tanks except on those rare voyages when weather conditions are so severe that, in the opinion of the master, it is necessary to carry additional ballast water in cargo tanks for the safety of the ship. Such additional ballast water shall be processed and discharged in compliance with regulation 34 of this Annex and in accordance with the requirements of regulations 29, 31 and 32 of this Annex, and entry shall be made in the Oil Record Book referred to in regulation 36 of this Annex.
    • .3 An Administration which has endorsed a Certificate in accordance with subparagraph 10.1.3 of this regulation shall communicate to the Organization the particulars thereof for circulation to the Parties to the present Convention.
  • 11. Oil tankers of 70,000 tonnes deadweight and above delivered after 31 December 1979, as defined in regulation 1.28.2, shall be provided with segregated ballast tanks and shall comply with paragraphs 2, 3 and 4 or paragraph 5 as appropriate of this regulation.
  • 12. Protective location of segregated ballast spaces.
    In every crude oil tanker of 20,000 tonnes deadweight and above and every product carrier of 30,000 tonnes deadweight and above delivered after 1 June 1982, as defined in regulation 1.28.4, except those tankers that meet regulation 19, the segregated ballast tanks required to provide the capacity to comply with the requirements of paragraph 2 of this regulation, which are located within the cargo tank length, shall be arranged in accordance with the requirements of paragraphs 13, 14 and 15 of this regulation to provide a measure of protection against oil outflow in the event of grounding or collision.
  • 13. Segregated ballast tanks and spaces other than oil tanks within the cargo tanks length (Lt) shall be so arranged as to comply with the following requirement:
  • 14. For tankers of 200,000 tonnes deadweight and above the value of J may be reduced as follows:
  • 15. In the determination of PAc and PAs for segregated ballast tanks and spaces other than oil tanks the following shall apply:
    • .1 the minimum width of each wing tank or space either of which extends for the full depth of the ship’s side or from the deck to the top of the double bottom shall be not less than 2 metres. The width shall be measured inboard from the ship’s side at right angles to the centreline. Where a lesser width is provided the wing tank or space shall not be taken into account when calculating the protecting area PAc; and
    • .2 the minimum vertical depth of each double bottom tank or space shall be B/15 or 2 metres, whichever is the lesser. Where a lesser depth is provided the bottom tank or space shall not be taken into account when calculating the protecting area PAs.

    The minimum width and depth of wing tanks and double bottom tanks shall be measured clear of the bilge area and, in the case of minimum width, shall be measured clear of any rounded gunwale area.
Regulation 19 Double hull and double bottom requirements for oil tanker delivered on or after 6 July 1996
  • 1. This regulation shall apply to oil tankers of 600 tonnes deadweight and above delivered on or after 6 July 1996, as defined in regulation 1.28.6, as follows:
  • 2. Every oil tanker of 5,000 tonnes deadweight and above shall:
    • .1 in lieu of paragraphs 12 to 15 of regulation 18, as applicable, comply with the requirements of paragraph 3 of this regulation unless it is subject to the provisions of paragraphs 4 and 5 of this regulation; and
    • .2 comply, if applicable, with the requirements of regulation 28.7.
  • 3. The entire cargo tank length shall be protected by ballast tanks or spaces other than tanks that carry oil as follows:
    • .1 Wing tanks or spaces
    • Wing tanks or spaces shall extend either for the full depth of the ship’s side or from the top of the double bottom to the uppermost deck, disregarding a rounded gunwale where fitted. They shall be arranged such that the cargo tanks are located inboard of the moulded line of the side shell plating nowhere less than the distance w which, as shown in figure 1 is measured at any cross-section at right angles to the side shell, as specified below:

      w = 2.0 m, whichever is the lesser.
      The minimum value of w = 1.0 m.
    • .2 Double bottom tanks or spaces
      At any cross-section the depth of each double bottom tank or space shall be such that the distance h between the bottom of the cargo tanks and the moulded line of the bottom shell plating measured at right angles to the bottom shell plating as shown in figure 1 is not less than specified below:
      h = B/15 (m) or
      h = 2.0 m, whichever is the lesser.
      The minimum value of h = 1.0 m.
    • .3 Turn of the bilge area or at locations without a clearly defined turn of the bilge
      When the distances h and w are different, the distance w shall have preference at levels exceeding 1.5h above the baseline as shown in figure 1.
    • .4 The aggregate capacity of ballast tanks
      On crude oil tankers of 20,000 tonnes deadweight and above and product carriers of 30,000 tonnes deadweight and above, the aggregate capacity of wing tanks, double bottom tanks, forepeak tanks and after peak tanks shall not be less than the capacity of segregated ballast tanks necessary to meet the requirements of regulation 18 of this Annex. Wing tanks or spaces and double bottom tanks used to meet the requirements of regulation 18 shall be located as uniformly as practicable along the cargo tank length. Additional segregated ballast capacity provided for reducing longitudinal hull girder bending stress, trim, etc., may be located anywhere within the ship.
    • .5 Suction wells in cargo tanks
      Suction wells in cargo tanks may protrude into the double bottom below the boundary line defined by the distance h provided that such wells are as small as practicable and the distance between the well bottom and bottom shell plating is not less than 0.5h.
    • .6 Ballast and cargo piping
      Ballast piping and other piping such as sounding and vent piping to ballast tanks shall not pass through cargo tanks. Cargo piping and similar piping to cargo tanks shall not pass through ballast tanks. Exemptions to this requirement may be granted for short lengths of piping, provided that they are completely welded or equivalent.
  • 4. The following applies for double bottom tanks or spaces:
    • .1 Double bottom tanks or spaces as required by paragraph 3.2 of this regulation may be dispensed with, provided that the design of the tanker is such that the cargo and vapour pressure exerted on the bottom shell plating forming a single boundary between the cargo and the sea does not exceed the external hydrostatic water pressure, as expressed by the following formula:
    • f x hc x ρc x g + p ≤ dn x ρs x g
    • where:
      hc = height of cargo in contract with the bottom shell plating in metres
      ρc = maximum cargo density in kg/m3
      dn = minimum operating draught under any expected loading condition in metres
      ρs = density of seawater in kg/m3
      p = maximum set pressure above atmospheric pressure (gauge pressure) of pressure/vacuum valve provided for the cargo tank in Pa
      f = safety factor = 1.1
      g = standard acceleration of gravity (9.81 m/s2)
    • .2 Any horizontal partition necessary to fulfil the above requirements shall be located at a height not less than B/6 or 6 m, whichever is the lesser, but not more than 0.6D, above the baseline where D is the moulded depth amidships.
    • .3 The location of wing tanks or spaces shall be as defined in paragraph 3.1 of this regulation except that, below a level 1.5 h above the baseline where h is as defined in paragraph 3.2 of this regulation, the cargo tank boundary line may be vertical down to the bottom plating, as shown in figure 2.
  • 5. Other methods of design and construction of oil tankers may also be accepted as alternatives to the requirements prescribed in paragraph 3 of this regulation, provided that such methods ensure at least the same level of protection against oil pollution in the event of collision or stranding and are approved in principle by the Marine Environment Protection Committee based on guidelines developed by the Organization.
  • 6. Every oil tanker of less than 5,000 tonnes deadweight shall comply with paragraphs 3 and 4 of this regulation, or shall:
    • .1 at least be fitted with double bottom tanks or spaces having such a depth that the distance h specified in paragraph 3.2 of this regulation, complies with the following:
      h = B/15 (m)
      with a minimum value of h = 0.76 m;
      in the turn of the bilge area and at locations without a clearly defined turn of the bilge, the cargo tank boundary line shall run parallel to the line of the midship flat bottom as shown in figure 3; and
    • .2 be provided with cargo tanks so arranged that the capacity of each cargo tank does not exceed 700 m3 unless wing tanks or spaces are arranged in accordance with paragraph 3.1 of this regulation, complying with the following:
  • 7. Oil shall not be carried in any space extending forward of a collision bulkhead located in accordance with regulation II-1/11 of the International Convention for the Safety of Life at Sea, 1974, as amended. An oil tanker that is not required to have a collision bulkhead in accordance with that regulation shall not carry oil in any space extending forward of the transverse plane perpendicular to the centreline that is located as if it were a collision bulkhead located in accordance with that regulation.
  • 8. In approving the design and construction of oil tankers to be built in accordance with the provisions of this regulation, Administrations shall have due regard to the general safety aspects including the need for the maintenance and inspections of wing and double bottom tanks or spaces.
Regulation 20 Double hull and double bottom requirements for oil tanker delivered before 6 July 1996
  • 1. Unless expressly provided otherwise this regulation shall:
    • .1 apply to oil tankers of 5,000 tonnes deadweight and above, which are delivered before 6 July 1996, as defined in regulation 1.28.5 of this Annex; and
    • .2 not apply to oil tankers complying with regulation 19 and regulation 28 in respect of paragraph 28.7, which are delivered before 6 July 1996, as defined in regulation 1.28.5 of this Annex; and
    • .3 not apply to oil tankers covered by subparagraph 1 above which comply with regulation 19.3.1 and 19.3.2 or 19.4 or 19.5 of this Annex, except that the requirement for minimum distances between the cargo tank boundaries and the ship side and bottom plating need not be met in all respects. In that event, the side protection distances shall not be less than those specified in the International Bulk Chemical Code for type 2 cargo tank location and the bottom protection distances at centreline shall comply with regulation 18.15.2 of this Annex.
  • 2. For the purpose of this regulation:
    • .1 “Heavy diesel oil” means diesel oil other than those distillates of which more than 50 per cent by volume distils at a temperature not exceeding 340°C when tested by the method acceptable to the Organization.
    • .2 “Fuel oil” means heavy distillates or residues from crude oil or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the specification acceptable to the Organization.
  • 3. For the purpose of this regulation, oil tankers are divided into the following categories:
    • .1 “Category 1 oil tanker” means an oil tanker of 20,000 tonnes deadweight and above carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo, and of 30,000 tonnes deadweight and above carrying oil other than the above, which does not comply with the requirements for oil tankers delivered after 1 June 1982, as defined in regulation 1.28.4 of this Annex;
    • .2 “Category 2 oil tanker” means an oil tanker of 20,000 tonnes deadweight and above carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo, and of 30,000 tonnes deadweight and above carrying oil other than the above, which complies with the requirements for oil tankers delivered after 1 June 1982, as defined in regulation 1.28.4 of this Annex; and
    • .3 “Category 3 oil tanker” means an oil tanker of 5,000 tonnes deadweight and above but less than that specified in subparagraph 1 or 2 of this paragraph.
  • 4. An oil tanker to which this regulation applies shall comply with the requirements of paragraphs 2 to 5, 7 and 8 of regulation 19 and regulation 28 in respect of paragraph 28.7 of this Annex not later than 5 April 2005 or the anniversary of the date of delivery of the ship on the date or in the year specified in the following table:
  • 5. Notwithstanding the provisions of paragraph 4 of this regulation, in the case of a Category 2 or 3 oil tanker fitted with only double bottoms or double sides not used for the carriage of oil and extending to the entire cargo tank length or double hull spaces which are not used for the carriage of oil and extend to the entire cargo tank length, but which does not fulfil conditions for being exempted from the provisions of paragraph 1.3 of this regulation, the Administration may allow continued operation of such a ship beyond the date specified in paragraph 4 of this regulation, provided that:
    • .1 the ship was in service on 1 July 2001;
    • .2 the Administration is satisfied by verification of the official records that the ship complied with the conditions specified above;
    • .3 the conditions of the ship specified above remain unchanged; and
    • .4 such continued operation does not go beyond the date on which the ship reaches 25 years after the date of its delivery.
  • 6. A Category 2 or 3 oil tanker of 15 years and over after the date of its delivery shall comply with the Condition Assessment Scheme adopted by the Marine Environment Protection Committee by resolution MEPC.94(46), as amended, provided that such amendments shall be adopted, brought into force and take effect in accordance with the provisions of article 16 of the present Convention relating to amendment procedures applicable to an appendix to an Annex.
  • 7. The Administration may allow continued operation of a Category 2 or 3 oil tanker beyond the date specified in paragraph 4 of this regulation, if satisfactory results of the Condition Assessment Scheme warrant that, in the opinion of the Administration, the ship is fit to continue such operation, provided that the operation shall not go beyond the anniversary of the date of delivery of the ship in 2015 or the date on which the ship reaches 25 years after the date of its delivery, whichever is the earlier date.
  • 8.
    • .1 The Administration of a Party to the present Convention which allows the application of paragraph 5 of this regulation, or allows, suspends, withdraws or declines the application of paragraph 7 of this regulation, to a ship entitled to fly its flag shall forthwith communicate to the Organization for circulation to the Parties to the present Convention particulars thereof, for their information and appropriate action, if any.
    • .2 A Party to the present Convention shall be entitled to deny entry into the ports or offshore terminals under its jurisdiction of oil tankers operating in accordance with the provisions of:
      • .1 paragraph 5 of this regulation beyond the anniversary of the date of delivery of the ship in 2015; or
      • .2 paragraph 7 of this regulation.

      In such cases, that Party shall communicate to the Organization for circulation to the Parties to the present Convention particulars thereof for their information.
Regulation 21 Prevention of oil pollution from oil tankers carrying heavy grade oil as cargo
  • 1. This regulation shall:
    • .1 apply to oil tankers of 600 tonnes deadweight and above carrying heavy grade oil as cargo regardless of the date of delivery; and
    • .2 not apply to oil tankers covered by subparagraph 1 above which comply with regulations 19.3.1 and 19.3.2 or 19.4 or 19.5 of this Annex, except that the requirement for minimum distances between the cargo tank boundaries and the ship side and bottom plating need not be met in all respects. In that event, the side protection distances shall not be less than those specified in the International Bulk Chemical Code for type 2 cargo tank location and the bottom protection distances at centreline shall comply with regulation 18.15.2 of this Annex.
  • 2. For the purpose of this regulation “heavy grade oil” means any of the following:
    • .1 crude oils having a density at 15°C higher than 900 kg/m3;
    • .2 oils, other than crude oils, having either a density at 15°C higher than 900 kg/m3 or a kinematic viscosity at 50°C higher than 180 mm2/s; or
    • .3 bitumen, tar and their emulsions.
  • 3. An oil tanker to which this regulation applies shall comply with the provisions of paragraphs 4 to 8 of this regulation in addition to complying with the applicable provisions of regulation 20.
  • 4. Subject to the provisions of paragraphs 5, 6 and 7 of this regulation, an oil tanker to which this regulation applies shall:
    • .1 if 5,000 tonnes deadweight and above, comply with the requirements of regulation 19 of this Annex not later than 5 April 2005; or
    • .2 if 600 tonnes deadweight and above but less than 5,000 tonnes deadweight, be fitted with both double bottom tanks or spaces complying with the provisions of regulation 19.6.1 of this Annex, and wing tanks or spaces arranged in accordance with regulation 19.3.1 and complying with the requirement for distance w as referred to in regulation 19.6.2, not later than the anniversary of the date of delivery of the ship in the year 2008.
  • 5. In the case of an oil tanker of 5,000 tonnes deadweight and above, carrying heavy grade oil as cargo fitted with only double bottoms or double sides not used for the carriage of oil and extending to the entire cargo tank length or double hull spaces which are not used for the carriage of oil and extend to the entire cargo tank length, but which does not fulfil conditions for being exempted from the provisions of paragraph 1.2 of this regulation, the Administration may allow continued operation of such a ship beyond the date specified in paragraph 4 of this regulation, provided that:
    • .1 the ship was in service on 4 December 2003;
    • .2 the Administration is satisfied by verification of the official records that the ship complied with the conditions specified above;
    • .3 the conditions of the ship specified above remain unchanged; and
    • .4 such continued operation does not go beyond the date on which the ship reaches 25 years after the date of its delivery.
  • 6.
    • .1 The Administration may allow continued operation of an oil tanker of 5,000 tonnes deadweight and above, carrying crude oil having a density at 15°C higher than 900 kg/m3 but lower than 945 kg/m3, beyond the date specified in paragraph 4.1 of this regulation, if satisfactory results of the Condition Assessment Scheme referred to in regulation 20.6 warrant that, in the opinion of the Administration, the ship is fit to continue such operation, having regard to the size, age, operational area and structural conditions of the ship and provided that the operation shall not go beyond the date on which the ship reaches 25 years after the date of its delivery.3 but lower than 945 kg/m3, beyond the date specified in paragraph 4.1 of this regulation, if satisfactory results of the Condition Assessment Scheme referred to in regulation 20.6 warrant that, in the opinion of the Administration, the ship is fit to continue such operation, having regard to the size, age, operational area and structural conditions of the ship and provided that the operation shall not go beyond the date on which the ship reaches 25 years after the date of its delivery.
    • .2 The Administration may allow continued operation of an oil tanker of 600 tonnes deadweight and above but less than 5,000 tonnes deadweight, carrying heavy grade oil as cargo, beyond the date specified in paragraph 4.2 of this regulation, if, in the opinion of the Administration, the ship is fit to continue such operation, having regard to the size, age, operational area and structural conditions of the ship, provided that the operation shall not go beyond the date on which the ship reaches 25 years after the date of its delivery.
  • 7. The Administration of a Party to the present Convention may exempt an oil tanker of 600 tonnes deadweight and above carrying heavy grade oil as cargo from the provisions of this regulation if the oil tanker:
    • .1 either is engaged in voyages exclusively within an area under its jurisdiction, or operates as a floating storage unit of heavy grade oil located within an area under its jurisdiction; or
    • .2 either is engaged in voyages exclusively within an area under the jurisdiction of another Party, or operates as a floating storage unit of heavy grade oil located within an area under the jurisdiction of another Party, provided that the Party within whose jurisdiction the oil tanker will be operating agrees to the operation of the oil tanker within an area under its jurisdiction.
  • 8.
    • .1 The Administration of a Party to the present Convention which allows, suspends, withdraws or declines the application of paragraph 5, 6 or 7 of this regulation to a ship entitled to fly its flag shall forthwith communicate to the Organization for circulation to the Parties to the present Convention particulars thereof, for their information and appropriate action, if any.
    • .2 Subject to the provisions of international law, a Party to the present Convention shall be entitled to deny entry of oil tankers operating in accordance with the provisions of paragraph 5 or 6 of this regulation into the ports or offshore terminals under its jurisdiction, or deny ship-to-ship transfer of heavy grade oil in areas under its jurisdiction except when this is necessary for the purpose of securing the safety of a ship or saving life at sea. In such cases, that Party shall communicate to the Organization for circulation to the Parties to the present Convention particulars thereof for their information.
Regulation 22 Pump-room bottom protection
  • 1. This regulation applies to oil tankers of 5,000 tonnes deadweight and above constructed on or after 1 January 2007.
  • 2. The pump-room shall be provided with a double bottom such that at any cross-section the depth of each double bottom tank or space shall be such that the distance h between the bottom of the pump-room and the ship’s base line measured at right angles to the ship’s base line is not less than specified below:
    • h = B/15(m) or
    • h = 2 m, whichever is the lesser.
  • 3. In case of pump rooms whose bottom plate is located above the base line by at least the minimum height required in paragraph 2 above (e.g. gondola stern designs), there will be no need for a double bottom construction in way of the pump-room.
  • 4. Ballast pumps shall be provided with suitable arrangements to ensure efficient suction from double bottom tanks.
  • 5. Notwithstanding the provisions of paragraphs 2 and 3 above, where the flooding of the pump-room would not render the ballast or cargo pumping system inoperative, a double bottom need not be fitted.
Regulation 23 Accidental oil outflow performance
  • 1. This regulation shall apply to oil tankers delivered on or after 1 January 2010, as defined in regulation 1.28.8.
  • 42. For the purpose of this regulation, the following definitions shall apply:
    • .1 “Load line draught (dS)” is the vertical distance, in metres, from the moulded baseline at mid-length to the waterline corresponding to the summer freeboard to be assigned to the ship. Calculations pertaining to this regulation should be based on draught dS, notwithstanding assigned draughts that may exceed dS, such as the tropical loadline.
    • .2 “Waterline (dB)” is the vertical distance, in metres, from the moulded baseline at mid-length to the waterline corresponding to 30% of the depth DS.
    • .3 “Breadth (BS)” is the greatest moulded breadth of the ship, in metres, at or below the deepest load line dS.
    • .4 “Breadth (BB)” is the greatest moulded breadth of the ship, in metres, at or below the waterline dB.
    • .5 “Depth (DS)” is the moulded depth, in metres, measured at mid-length to the upper deck at side.
    • .6 “Length (L)” and “deadweight (DW)” are as defined in regulations 1.19 and 1.23, respectively.
  • 3. To provide adequate protection against oil pollution in the event of collision or stranding the following shall be complied with:
    • .1 for oil tankers of 5,000 tonnes deadweight (DWT) and above, the mean oil outflow parameter shall be as follows:
        OM ≤ 0.015 for C ≤ 200,000 m3
        OM ≤ 0.012 + (0.003/200,000) (400,000-C) for 200,000 m3 < C < 400,000 m3
        OM ≤ 0.012 for C ≥ 400,000 m3

      for combination carriers between 5,000 tonnes deadweight (DWT) and 200,000 m3 capacity, the mean oil outflow parameter may be applied, provided calculations are submitted to the satisfaction of the Administration, demonstrating that after accounting for its increased structural strength, the combination carrier has at least equivalent oil out flow performance to a standard double hull tanker of the same size having a OM < = 0.015.
        OM ≤ 0.021 for C ≤ 100,000 m3
        OM ≤ 0.015 + (0.006/100,000) (200,000-C) for 100,000 m3 < C ≤ 200,000 m3

      where:
      OM = mean oil outflow parameter.
      C = total volume of cargo oil, in m3, at 98% tank filling
    • .2 for oil tankers of less than 5,000 tonnes deadweight (DWT):
      The length of each cargo tank shall not exceed 10 m or one of the following values, whichever is the greater:
      • .1 where no longitudinal bulkhead is provided inside the cargo tanks:
      • .2 where a centreline longitudinal bulkhead is provided inside the cargo tanks:
      • .3 where two or more longitudinal bulkheads are provided inside the cargo tanks:
        • .1 for wing cargo tanks: 0.2L
        • .2 for centre cargo tanks:
          • .1 if
          • .2 if
            • - where no centreline longitudinal bulkhead is provided:
            • - where a centreline longitudinal bulkhead is provided:
      • .4 bi is the minimum distance from the ship’s side to the outer longitudinal bulkhead of the tank in question measured inboard at right angles to the centreline at the level corresponding to the assigned summer freeboard.
  • 4. The following general assumptions shall apply when calculating the mean oil outflow parameter:
    • .1 The cargo block length extends between the forward and aft extremities of all tanks arranged for the carriage of cargo oil, including slop tanks.
    • .2 Where this regulation refers to cargo tanks, it shall be understood to include all cargo tanks, slop tanks and fuel tanks located within the cargo block length.
    • .3 The ship shall be assumed loaded to the load line draught dS without trim or heel.
    • .4 All cargo oil tanks shall be assumed loaded to 98% of their volumetric capacity. The nominal density of the cargo oil (ρn) shall be calculated as follows:
    • ρn = 1000 (DWT)/C (kg/m3)
    • .5 For the purposes of these outflow calculations, the permeability of each space within the cargo block, including cargo tanks, ballast tanks and other non-oil spaces shall be taken as 0.99, unless proven otherwise.
    • .6 Suction wells may be neglected in the determination of tank location provided that such wells are as small as practicable and the distance between the well bottom and bottom shell plating is not less than 0.5h, where h is the height as defined in regulation 19.3.2.
  • 5. The following assumptions shall be used when combining the oil outflow parameters:
    • .1 The mean oil outflow shall be calculated independently for side damage and for bottom damage and then combined into the non-dimensional oil outflow parameter OM, as follows:
    • OM = (0.4 OMS + 0.6 OMB ) / C
    • where:
      • OMS = mean outflow for side damage, in m3; and
      • OMB = mean outflow for bottom damage, in m3.
    • .2 For bottom damage, independent calculations for mean outflow shall be done for 0 m and minus 2.5 m tide conditions, and then combined as follows:
    • OMB = 0.7 OMB(0) + 0.3 OMB(2.5)
    • where:
      • OMB(0) = mean outflow for 0 m tide condition; and
      • OMB(2.5) = mean outflow for minus 2.5 m tide condition, in m3.
  • 6. The mean outflow for side damage OMS shall be calculated as follows:
  • 7. The mean outflow for bottom damage shall be calculated for each tidal condition as follows:
    • .1
      where:
        i = represents each cargo tank under consideration;
        n = the total number of cargo tanks;
        PB(i) = the probability of penetrating cargo tank i from bottom damage, calculated in accordance with, paragraph 9.1 of this regulation;
        OB(i) = the outflow from cargo tank i, in m3, calculated in accordance with paragraph 7.3 of this regulation; and
        CDB(i) = factor to account for oil capture as defined in paragraph 7.4 of this regulation
    • .2
      where:
      • i,n, PB(i) and CDB(i) = as defined in subparagraph .1 above;
      • OB(i) = the outflow from cargo tank i, in m3, after tidal change
    • .3 The oil outflow OB(i) for each cargo oil tank shall be calculated based on pressure balance principles, in accordance with the following assumptions:
      • .1 The ship shall be assumed stranded with zero trim and heel, with the stranded draught prior to tidal change equal to the load line draught ds.
      • .2 The cargo level after damage shall be calculated as follows:
        hc = {(ds + tc- Zl) (ρs) - (1000 p) / g }/ρn
        where:
          hc = the height of the cargo oil above Zl, in metres;
          tc = the tidal change, in m. Reductions in tide shall be expressed as negative values;
          Zl = the height of the lowest point in the cargo tank above baseline, in m;
          ρ s = density of seawater, to be taken as 1,025 kg/m3;
          p = if an inert gas system is fitted, the normal overpressure, in kPa, to be taken as not less than 5 kPa; if an inert gas system is not fitted, the overpressure may be taken as 0;
          g = the acceleration of gravity, to be taken as 9.81 m/s2; and
          ρ n = nominal density of cargo oil, calculated in accordance with paragraph 4.4 of this regulation.
      • .3 For cargo tanks bounded by the bottom shell, unless proven otherwise, oil outflow OB(i) shall be taken not less than 1% of the total volume of cargo oil loaded in cargo tank i, to account for initial exchange losses and dynamic effects due to current and waves.
      • .4 In the case of bottom damage, a portion from the outflow from a cargo tank may be captured by non-oil compartments. This effect is approximated by application of the factor CDB(i) for each tank, which shall be taken as follows:
        CDB(i) = 0.6 for cargo tanks bounded from below by non-oil compartments;
        CDB(i) = 1.0 for cargo tanks bounded by the bottom shell.
  • 8. The probability PS of breaching a compartment from side damage shall be calculated as follows:S of breaching a compartment from side damage shall be calculated as follows:
    • .1 PS = PSL PSVPST
      where:
        PSL =1 - PSf - PSa = probability the damage will extend into the longitudinal zone bounded by Xa and Xf;
        PSV = 1 - PSu - PS1 = probability the damage will extend into the vertical zone bounded by Zl and Zu; and
        PST = 1 - PSy = probability the damage will extend transversely beyond the boundary defined by y.
    • .2 PSa, PSf, PSl, PSu and PSy shall be determined by linear interpolation from the table of probabilities for side damage provided in paragraph 8.3 of this regulation, where:
        PSa = the probability the damage will lie entirely aft of location Xa/L;
        PSf = the probability the damage will lie entirely forward of location Xf/L;
        PSl = the probability the damage will lie entirely below the tank;
        PSu = the probability the damage will lie entirely above the tank; and
        PSy = the probability the damage will lie entirely outboard of the tank.

      Compartment boundaries Xa, Xf, Zl, Zu and y shall be developed as follows:
        Xa = the longitudinal distance from the aft terminal of L to the aftmost point on the compartment being considered, in metres;
        Xf = the longitudinal distance from the aft terminal of L to the foremost point on the compartment being considered, in metres;
        Zl = the vertical distance from the moulded baseline to the lowest point on the compartment being considered, in metres;
        Zu = the vertical distance from the moulded baseline to the highest point on the compartment being considered, in metres. Zu is not to be taken greater than Ds; and
        y = the minimum horizontal distance measured at right angles to the centreline between the compartment under consideration and the side shell in metres;
    • .3 Table of probabilities for side damage
      0.00 0.000   0.00 0.967   0.00 0.000   0.00 0.968
      0.05 0.023   0.05 0.917   0.05 0.000   0.05 0.952
      0.10 0.068   0.10 0.867   0.10 0.001   0.10 0.931
      0.15 0.117   0.15 0.817   0.15 0.003   0.15 0.905
      0.20 0.167   0.20 0.767   0.20 0.007   0.20 0.873
      0.25 0.217   0.25 0.717   0.25 0.013   0.25 0.836
      0.30 0.267   0.30 0.667   0.30 0.021   0.30 0.789
      0.35 0.317   0.35 0.617   0.35 0.034   0.35 0.733
      0.40 0.367   0.40 0.567   0.40 0.055   0.40 0.670
      0.45 0.417   0.45 0.517   0.45 0.085   0.45 0.599
      0.50 0.467   0.50 0.467   0.50 0.123   0.50 0.525
      0.55 0.517   0.55 0.417   0.55 0.172   0.55 0.452
      0.60 0.567   0.60 0.367   0.60 0.226   0.60 0.383
      0.65 0.617   0.65 0.317   0.65 0.285   0.65 0.317
      0.70 0.667   0.70 0.267   0.70 0.347   0.70 0.255
      0.75 0.717   0.75 0.217   0.75 0.413   0.75 0.197
      0.80 0.767   0.80 0.167   0.80 0.482   0.80 0.143
      0.85 0.817   0.85 0.117   0.85 0.553   0.85 0.092
      0.90 0.867   0.90 0.068   0.90 0.626   0.90 0.046
      0.95 0.917   0.95 0.023   0.95 0.700   0.95 0.013
      1.00 0.967   1.00 0.000   1.00 0.775   1.00 0.000

      PSy shall be calculated as follows:
      • PSy = (24.96 -199.6 y/BS) (y/BS) for y/BS ≤ 0.05
      • PSy = 0.749 + {5 -44.4 (y/BS - 0.05)} (y/BS - 0.05) for 0.05 < y/BS < 0.1
      • PSy = 0.888 + 0.56 (y/BS - 0.1) for y/BS ≤ 0.1

      PSy shall not be taken greater than 1.
  • 9. The probability PB of breaching a compartment from bottom damage shall be calculated as follows:
    • .1 PB = PBL PBTPBV
      where:
        PBL = 1 - PBf - PBa = probability the damage will extend into the longitudinal zone bounded by Xa and Xf;
        PBT = 1 - PBp - PBs = probability the damage will extend into the transverse zone bounded by Yp and Ys; and
        PBV = 1 - PBz = probability the damage will extend vertically above the boundary defined by z.
    • .2 PBa, PBf, PBp, PBs, and PBz shall be determined by linear interpolation from the table of probabilities for bottom damage provided in paragraph 9.3 of this regulation, where:
        PBa = the probability the damage will lie entirely aft of location Xa/L;
        PBf = the probability the damage will lie entirely forward of location Xf/L;
        PBp = the probability the damage will lie entirely to port of the tank;
        PBs = the probability the damage will lie entirely to starboard of the tank; and
        PBz = the probability the damage will lie entirely below the tank.

      Compartment boundaries Xa, Xf, Yp, Ys, and z shall be developed as follows:
        Xa and Xf are as defined in paragraph 8.2 of this regulation;
        Yp = the transverse distance from the port-most point on the compartment located at or below the waterline dB, to a vertical plane located BB /2 to starboard of the ship’s centreline, in metres;
        Ys = the transverse distance from the starboard-most point on the compartment located at or below the waterline dB, to a vertical plane located BB /2 to starboard of the ship’s centreline, in metres; and
        z = the minimum value of z over the length of the compartment, where, at any given longitudinal location, z is the vertical distance from the lowerpoint of the bottom shell at that longitudinal
            location to the lower point of the compartment at that longitudinal location, in metres.
    • .3 Table of probabilities for bottom damage
      0.00 0.000   0.00 0.969   0.00 0.844   0.00 0.000
      0.05 0.002   0.05 0.953   0.05 0.794   0.05 0.009
      0.10 0.008   0.10 0.936   0.10 0.744   0.10 0.032
      0.15 0.017   0.15 0.916   0.15 0.694   0.15 0.063
      0.20 0.029   0.20 0.894   0.20 0.644   0.20 0.097
      0.25 0.042   0.25 0.870   0.25 0.594   0.25 0.133
      0.30 0.058   0.30 0.842   0.30 0.544   0.30 0.171
      0.35 0.076   0.35 0.810   0.35 0.494   0.35 0.211
      0.40 0.096   0.40 0.775   0.40 0.444   0.40 0.253
      0.45 0.119   0.45 0.734   0.45 0.394   0.45 0.297
      0.50 0.143   0.50 0.687   0.50 0.344   0.50 0.344
      0.55 0.171   0.55 0.630   0.55 0.297   0.55 0.394
      0.60 0.203   0.60 0.563   0.60 0.253   0.60 0.444
      0.65 0.242   0.65 0.489   0.65 0.211   0.65 0.494
      0.70 0.289   0.70 0.413   0.70 0.171   0.70 0.544
      0.75 0.344   0.75 0.333   0.75 0.133   0.75 0.594
      0.80 0.409   0.80 0.252   0.80 0.097   0.80 0.644
      0.85 0.482   0.85 0.170   0.85 0.063   0.85 0.694
      0.90 0.565   0.90 0.089   0.90 0.032   0.90 0.744
      0.95 0.658   0.95 0.026   0.95 0.009   0.95 0.794
      1.00 0.761   1.00 0.000   1.00 0.000   1.00 0.844

      PBz shall be calculated as follows:
      • PBz = (14.5 - 67 z/DS) (z/DS) for z/DS ≤ 0.1,
      • PBz = 0.78 + 1.1 (z/DS - 0.1) for z/DS > 0.1.

      PBz shall not be taken greater than 1.
  • 10. This regulation uses a simplified probabilistic approach where a summation is carried out over the contributions to the mean outflow from each cargo tank. For certain designs such as those characterized by the occurrence of steps/recesses in bulkheads/decks and for sloping bulkheads and/or a pronounced hull curvature, more rigorous calculations may be appropriate. In such cases one of the following calculation procedures may be applied:
    • .1 The probabilities referred to in 8 and 9 above may be calculated with more precision through application of hypothetical sub-compartments.
    • .2 The probabilities referred to in 8 and 9 above may be calculated through direct application of the probability density functions contained in the Guidelines referred to in regulation 19.5.
    • .3 The oil outflow performance may be evaluated in accordance with the method described in the Guidelines referred to in regulation 19.5.
  • 11. The following provisions regarding piping arrangements shall apply:
    • .1 Lines of piping that run through cargo tanks in a position less than 0.30Bs from the ship’s side or less than 0.30Ds from the ship’s bottom shall be fitted with valves or similar closing devices at the point at which they open into any cargo tank. These valves shall be kept closed at sea at any time when the tanks contain cargo oil, except that they may be opened only for cargo transfer needed for essential cargo operations.
    • .2 Credit for reducing oil outflow through the use of an emergency rapid cargo transfer system or other system arranged to mitigate oil outflow in the event of an accident may be taken into account only after the effectiveness and safety aspects of the system are approved by the Organization. Submittal for approval shall be made in accordance with the provisions of the Guidelines referred to in regulation 19.5.
Regulation 24 Damage assumptions
  • 1. For the purpose of calculating hypothetical oil outflow from oil tankers in accordance with regulations 25 and 26, three dimensions of the extent of damage of a parallelepiped on the side and bottom of the ship are assumed as follows. In the case of bottom damages two conditions are set forth to be applied individually to the stated portions of the oil tanker.
    • .1 Side damage:
        1. Longitudinal extent(lc): 1/3 L 2/3 or 14.5 metres, whichever is less.
        2. Transverse extent (tc) (inboard from the ship’s side at right angles to the centreline at the level corresponding to the assigned summer freeboard): B/5 or 11.5 metres, whichever is less
        3. Vertical extent (vc): From the base line upwards without limit
    • .2 Bottom damage:
            For 0.3L from the forward perpendicular of the ship Any other part of the ship
        1. Longitudinal extent (ls): L/10 L/10 or 5 metres, whichever is less
        2. Transverse extent (ts): B/6 or 10 metres, whichever is less but not less than 5 metres 5 metres
        3. Vertical extent from the base line (vs): B/15 or 6 metres, whichever is less  
  • 2. Wherever the symbols given in this regulation appear in this chapter, they have the meaning as defined in this regulation.
Regulation 25 Hypothetical outflow of oil
  • 1. The hypothetical outflow of oil in the case of side damage (Oc) and bottom damage (Os) shall be calculated by the following formulae with respect to compartments breached by damage to all conceivable locations along the length of the ship to the extent as defined in regulation 24 of this Annex.
    • .1 For side damages:
      Oc = ΣWi + Σ KiCi (I)
    • .2 For bottom damages:
      Os = 1/3 (Σ ZiWi + Σ ZiCi) (II)
      where:
        Wi = volume of a wing tank in cubic metres assumed to be breached by the damage as specified in regulation 24 of this Annex; Wi for a segregated ballast tank may be taken equal to zero.
        Ci = volume of a centre tank in cubic metres assumed to be breached by the damage as specified in regulation 24 of this Annex; Ci for a segregated ballast tank may be taken equal to zero.
        Ki = 1– bi/tc when bi is equal to or greater than tc, Ki shall be taken equal to zero.
        Zi = 1- hi/vs, when hi is equal to or greater than vs, Zi shall be taken equal to zero.
        bi = width of wing tank in metres under consideration measured inboard from the ship’s side at right angles to the centreline at the level corresponding to the assigned summer freeboard.
        hi = minimum depth of the double bottom in metres under consideration; where no double bottom is fitted hi shall be taken equal to zero.

      Whenever symbols given in this paragraph appear in this chapter, they have the meaning as defined in this regulation.
  • 2. If a void space or segregated ballast tank of a length less than lc as defined in regulation 24 of this Annex is located between wing oil tanks, Oc in formula (I) may be calculated on the basis of volume Wi being the actual volume of one such tank (where they are of equal capacity) or the smaller of the two tanks (if they differ in capacity) adjacent to such space, multiplied by Si as defined below and taking for all other wing tanks involved in such collision the value of the actual full volume.
    • Si = 1 - li/lc
      where li = length in metres of void space or segregated ballast tank under consideration.
  • 3.
    • .1 Credit shall only be given in respect of double bottom tanks which are either empty or carrying clean water when cargo is carried in the tanks above.
    • .2 Where the double bottom does not extend for the full length and width of the tank involved, the double bottom is considered non-existent and the volume of the tanks above the area of the bottom damage shall be included in formula (II) even if the tank is not considered breached because of the installation of such a partial double bottom.
    • .3 Suction wells may be neglected in the determination of the value hi provided such wells are not excessive in area and extend below the tank for a minimum distance and in no case more than half the height of the double bottom. If the depth of such a well exceeds half the height of the double bottom, hi shall be taken equal to the double bottom height minus the well height.
    Piping serving such wells if installed within the double bottom shall be fitted with valves or other closing arrangements located at the point of connection to the tank served to prevent oil outflow in the event of damage to the piping. Such piping shall be installed as high from the bottom shell as possible. These valves shall be kept closed at sea at any time when the tank contains oil cargo, except that they may be opened only for cargo transfer needed for the purpose of trimming of the ship.
  • 4. In the case where bottom damage simultaneously involves four centre tanks, the value of Os may be calculated according to the formula:
    Os = 1/4 (Σ ZiWi + Σ ZiCi) (III)
  • 5. An Administration may credit as reducing oil outflow in case of bottom damage, an installed cargo transfer system having an emergency high suction in each cargo oil tank, capable of transferring from a breached tank or tanks to segregated ballast tanks or to available cargo tankage if it can be assured that such tanks will have sufficient ullage. Credit for such a system would be governed by ability to transfer in two hours of operation oil equal to one half of the largest of the breached tanks involved and by availability of equivalent receiving capacity in ballast or cargo tanks. The credit shall be confined to permitting calculation of Os according to formula (III). The pipes for such suctions shall be installed at least at a height not less than the vertical extent of the bottom damage vs. The Administration shall supply the Organization with the information concerning the arrangements accepted by it, for circulation to other Parties to the Convention.
  • 6. This regulation does not apply to oil tankers delivered on or after 1 January 2010, as defined in regulation 1.28.8.
Regulation 26 Limitations of size and arrangement of cargo tanks
  • 1. Except as provided in paragraph 7 below:
    • 1. every oil tanker of 150 gross tonnage and above delivered after 31 December 1979, as defined in regulation 1.28.2, and
    • 2. every oil tanker of 150 gross tonnage and above delivered on or before 31 December 1979, as defined in regulation 1.28.1, which falls into either of the following categories:
      • .1 a tanker, the delivery of which is after 1 January 1977, or
      • .2 a tanker to which both the following conditions apply:
        • .1 delivery is not later than 1 January 1977; and
        • .2 the building contract is placed after 1 January 1974, or in cases where no building contract has previously been placed, the keel is laid or the tanker is at a similar stage of construction after 30 June 1974.

    shall comply with the provisions of this regulation.
  • 2. Cargo tanks of oil tankers shall be of such size and arrangements that the hypothetical outflow Oc or Os calculated in accordance with the provisions of regulation 25 of this Annex anywhere in the length of the ship does not exceed 30,000 cubic metres or 4003√DW, whichever is the greater, but subject to a maximum of 40,000 cubic metres.
  • 3. The volume of any one wing cargo oil tank of an oil tanker shall not exceed 75 per cent of the limits of the hypothetical oil outflow referred to in paragraph 2 of this regulation. The volume of any one centre cargo oil tank shall not exceed 50,000 cubic metres. However, in segregated ballast oil tankers as defined in regulation 18 of this Annex, the permitted volume of a wing cargo oil tank situated between two segregated ballast tanks, each exceeding lc in length, may be increased to the maximum limit of hypothetical oil outflow provided that the width of the wing tanks exceeds tc.
  • 4. The length of each cargo tank shall not exceed 10 m or one of the following values, whichever is the greater:
    • .1 where no longitudinal bulkhead is provided inside the cargo tanks:
    • .2 where a centreline longitudinal bulkhead is provided inside the cargo tanks:
    • .3 where two or more longitudinal bulkheads are provided inside the cargo tanks:
      • .1 for wing cargo tanks: 0.2L
      • .2 for centre cargo tanks:
        • .1 if

          is equal to or greater than one fifth: 0.2L
        • .2 if

          is less than one fifth:
          • – where no centreline longitudinal bulkhead is provided:
          • – where a centreline longitudinal bulkhead is provided:
    • .4 bi is the minimum distance from the ship’s side to the outer longitudinal bulkhead of the tank in question measured inboard at right angles to the centreline at the level corresponding to the assigned summer freeboard.
  • 5. In order not to exceed the volume limits established by paragraphs 2, 3 and 4 of this regulation and irrespective of the accepted type of cargo transfer system installed, when such system interconnects two or more cargo tanks, valves or other similar closing devices shall be provided for separating the tanks from each other. These valves or devices shall be closed when the tanker is at sea.
  • 6. Lines of piping which run through cargo tanks in a position less than tc from the ship’s side or less than vcfrom the ship’s bottom shall be fitted with valves or similar closing devices at the point at which they open into any cargo tank. These valves shall be kept closed at sea at any time when the tanks contain cargo oil, except that they may be opened only for cargo transfer needed for the purpose of trimming of the ship.
  • 7. This regulation does not apply to oil tankers delivered on or after 1 January 2010, as defined in regulation 1.28.8.
Regulation 27 Intact stability
  • 1. Every oil tanker of 5,000 tonnes deadweight and above delivered on or after 1 February 2002, as defined in regulation 1.28.7, shall comply with the intact stability criteria specified in paragraphs 1.1 and 1.2 of this regulation, as appropriate, for any operating draught under the worst possible conditions of cargo and ballast loading, consistent with good operational practice, including intermediate stages of liquid transfer operations. Under all conditions the ballast tanks shall be assumed slack.
    • .1 In port, the initial metacentric height GMo, corrected for the free surface measured at 0° heel, shall be not less than 0.15 m;
    • .2 At sea, the following criteria shall be applicable:
      • .1 the area under the righting lever curve (GZ curve) shall be not less than 0.055 m.rad up to θ = 30° angle of heel and not less than 0.09 m.rad up to θ = 40° or other angle of flooding θf if this angle is less than 40°. Additionally, the area under the righting lever curve (GZ curve) between the angles of heel of 30° and 40° or between 30° and θf, if this angle is less than 40°, shall be not less than 0.03 m.rad;
      • .2 the righting lever GZ shall be at least 0.20 m at an angle of heel equal to or greater than 30°;
      • .3 the maximum righting arm shall occur at an angle of heel preferably exceeding 30° but not less than 25°; and
      • .4 the initial metacentric height GMo, corrected for free surface measured at 0° heel, shall be not less than 0.15 m.
  • 2. The requirements of paragraph 1 of this regulation shall be met through design measures. For combination carriers simple supplementary operational procedures may be allowed.
  • 3. Simple supplementary operational procedures for liquid transfer operations referred to in paragraph 2 of this regulation shall mean written procedures made available to the master which:
    • .1 are approved by the Administration;
    • .2 indicate those cargo and ballast tanks which may, under any specific condition of liquid transfer and possible range of cargo densities, be slack and still allow the stability criteria to be met. The slack tanks may vary during the liquid transfer operations and be of any combination provided they satisfy the criteria;
    • .3 will be readily understandable to the officer-in-charge of liquid transfer operations;
    • .4 provide for planned sequences of cargo/ballast transfer operations;
    • .5 allow comparisons of attained and required stability using stability performance criteria in graphical or tabular form;
    • .6 require no extensive mathematical calculations by the officer-in-charge;
    • .7 provide for corrective actions to be taken by the officer-in-charge in case of departure from recommended values and in case of emergency situations; and
    • .8 are prominently displayed in the approved trim and stability booklet and at the cargo/ballast transfer control station and in any computer software by which stability calculations are performed.
Regulation 28 Subdivision and damage stability
  • 1. Every oil tanker delivered after 31 December 1979, as defined in regulation 1.28.2, of 150 gross tonnage and above, shall comply with the subdivision and damage stability criteria as specified in paragraph 3 of this regulation, after the assumed side or bottom damage as specified in paragraph 2 of this regulation, for any operating draught reflecting actual partial or full load conditions consistent with trim and strength of the ship as well as relative densities of the cargo. Such damage shall be applied to all conceivable locations along the length of the ship as follows:
    • .1 in tankers of more than 225 metres in length, anywhere in the ship’s length;
    • .2 in tankers of more than 150 metres, but not exceeding 225 metres in length, anywhere in the ship’s length except involving either after or forward bulkhead bounding the machinery space located aft. The machinery space shall be treated as a single floodable compartment; and
    • .3 in tankers not exceeding 150 metres in length, anywhere in the ship’s length between adjacent transverse bulkheads with the exception of the machinery space. For tankers of 100 metres or less in length where all requirements of paragraph 3 of this regulation cannot be fulfilled without materially impairing the operational qualities of the ship, Administrations may allow relaxations from these requirements.

    Ballast conditions where the tanker is not carrying oil in cargo tanks, excluding any oil residues, shall not be considered.
  • 2. The following provisions regarding the extent and the character of the assumed damage shall apply:
    • .1 Side damage:
      1. Longitudinal extent: 1/3 (L2/3) or 14.5 metres, whichever is less
      2. Transverse extent (inboard from the ship’s side at right angles to the centreline at the level of the summer load line): B/5 or 11.5 metres, whichever is less
      3. Vertical extent: From the moulded line of the bottom shell plating at centreline, upwards without limit
    • .2 Bottom damage:
          For 0.3L from the forward perpendicular of the ship Any other part of the ship
      1. Longitudinal extent: 1/3 (L2/3) or 14.5 metres, whichever is less 1/3 (L2/3) or 5 metres, whichever is less
      2. Transverse extent: or 10 metres, whichever is less or 5 metres, whichever is less
      3. Vertical extent: B/15 or 6 metres whichever is less, measured from the moulded line of the bottom shell plating at centreline B/15 or 6 metres, whichever is less, measured from the moulded line of the bottom shell plating at centreline
    • .3 If any damage of a lesser extent than the maximum extent of damage specified in subparagraphs 2.1 and 2.2 of this paragraph would result in a more severe condition, such damage shall be considered.
    • .4 Where the damage involving transverse bulkheads is envisaged as specified in subparagraphs 1.1 and 1.2 of this regulation, transverse watertight bulkheads shall be spaced at least at a distance equal to the longitudinal extent of assumed damage specified in subparagraph 2.1 of this paragraph in order to be considered effective. Where transverse bulkhead are spaced at a lesser distance, one or more of these bulkheads within such extent of damage shall be assumed as non-existent for the purpose of determining flooded compartments.
    • .5 Where the damage between adjacent transverse watertight bulkheads is envisaged as specified in subparagraph 1.3 of this regulation, no main transverse bulkhead or a transverse bulkhead bounding side tanks or double bottom tanks shall be assumed damaged, unless:
      • .1 the spacing of the adjacent bulkheads is less than the longitudinal extent of assumed damage specified in subparagraph 2.1 of this paragraph; or
      • .2 there is a step or recess in a transverse bulkhead of more than 3.05 metres in length, located within the extent of penetration of assumed damage. The step formed by the after peak bulkhead and after peak top shall not be regarded as a step for the purpose of this regulation.
    • .6 If pipes, ducts or tunnels are situated within the assumed extent of damage, arrangements shall be made so that progressive flooding cannot thereby extend to compartments other than those assumed to be floodable for each case of damage.
  • 3. Oil tankers shall be regarded as complying with the damage stability criteria if the following requirements are met:
    • .1 The final waterline, taking into account sinkage, heel and trim, shall be below the lower edge of any opening through which progressive flooding may take place. Such openings shall include air-pipes and those which are closed by means of weathertight doors or hatch covers and may exclude those openings closed by means of watertight manhole covers and flush scuttles, small watertight cargo tank hatch covers which maintain the high integrity of the deck, remotely operated watertight sliding doors, and sidescuttles of the non-opening type.
    • .2 In the final stage of flooding, the angle of heel due to unsymmetrical flooding shall not exceed 25°, provided that this angle may be increased up to 30° if no deck edge immersion occurs.
    • .3 The stability in the final stage of flooding shall be investigated and may be regarded as sufficient if the righting lever curve has at least a range of 20° beyond the position of equilibrium in association with a maximum residual righting lever of at least 0.1 metre within the 20° range; the area under the curve within this range shall not be less than 0.0175 metre radians. Unprotected openings shall not be immersed within this range unless the space concerned is assumed to be flooded. Within this range, the immersion of any of the openings listed in subparagraph 3.1 of this paragraph and other openings capable of being closed watertight may be permitted.
    • .4 The Administration shall be satisfied that the stability is sufficient during intermediate stages of flooding.
    • .5 Equalization arrangements requiring mechanical aids such as valves or cross-levelling pipes, if fitted, shall not be considered for the purpose of reducing an angle of heel or attaining the minimum range of residual stability to meet the requirements of subparagraphs 3.1, 3.2 and 3.3 of this paragraph and sufficient residual stability shall be maintained during all stages where equalization is used. Spaces which are linked by ducts of a large cross-sectional area may be considered to be common.
  • 4. The requirements of paragraph 1 of this regulation shall be confirmed by calculations which take into consideration the design characteristics of the ship, the arrangements, configuration and contents of the damaged compartments; and the distribution, relative densities and the free surface effect of liquids. The calculations shall be based on the following:
    • .1 Account shall be taken of any empty or partially filled tank, the relative density of cargoes carried, as well as any outflow of liquids from damaged compartments.
    • .2 The permeabilities assumed for spaces flooded as a result of damage shall be as follows:
      Spaces Permeabilities
      Appropriated to stores 0.60
      Occupied by accommodation 0.95
      Occupied by machinery 0.85
      Voids 0.95
      Intended for consumable liquids 0 to 0.95
      Intended for other liquids 0 to 0.95
    • .3 The buoyancy of any superstructure directly above the side damage shall be disregarded. The unflooded parts of superstructures beyond the extent of damage, however, may be taken into consideration provided that they are separated from the damaged space by watertight bulkheads and the requirements of subparagraph .1 of this regulation in respect of these intact spaces are complied with. Hinged watertight doors may be acceptable in watertight bulkheads in the superstructure.
    • .4 The free surface effect shall be calculated at an angle of heel of 5° for each individual compartment. The Administration may require or allow the free surface corrections to be calculated at an angle of heel greater than 5° for partially filled tanks.
    • .5 In calculating the effect of free surfaces of consumable liquids it shall be assumed that, for each type of liquid at least one transverse pair or a single centreline tank has a free surface and the tank or combination of tanks to be taken into account shall be those where the effect of free surface is the greatest.
  • 5. The master of every oil tanker to which this regulation applies and the person in charge of a non-self-propelled oil tanker, to which this regulation applies shall be supplied in a approved form with:
    • .1 information relative to loading and distribution of cargo necessary to ensure compliance with the provisions of this regulation; and
    • .2 data on the ability of the ship to comply with damage stability criteria as determined by this regulation, including the effect of relaxations that may have been allowed under subparagraph 1.3 of this regulation.
  • 6. All oil tankers shall be fitted with a stability instrument, capable of verifying compliance with intact and damage stability requirements approved by the Administration having regard to the performance standards recommended by the Organization:
    • .1.oil tankers constructed before 1 January 2016 shall comply with this regulation at the first scheduled renewal survey of the ship on or after 1 January 2016 but not later than 1 January 2021;
    • .2.notwithstanding the requirements of subparagraph .1 a stability instrument fitted on an oil tanker constructed before 1 January 2016 need not be replaced provided it is capable of verifying compliance with intact and damage stability, to the satisfaction of the Administration; and
    • .3.for the purposes of control under regulation 11, the Administration shall issue a document of approval for the stability instrument.
  • 7. For oil tankers of 20,000 tonnes deadweight and above delivered on or after 6 July 1996, as defined in regulation 1.28.6, the damage assumptions prescribed in paragraph 2.2 of this regulation shall be supplemented by the following assumed bottom raking damage:
    • .1 longitudinal extent:
      • .1 ships of 75,000 tonnes deadweight and above:
        0.6L measured from the forward perpendicular;
      • .2 ships of less than 75,000 tonnes deadweight:
        0.4L measured from the forward perpendicular;
    • .2 transverse extent: B/3 anywhere in the bottom;
    • .3 vertical extent: breach of the outer hull.
Regulation 29 Slop tanks
  • 1. Subject to the provisions of paragraph 4 of regulation 3 of this Annex, oil tankers of 150 gross tonnage and above shall be provided with slop tank arrangements in accordance with the requirements of paragraphs 2.1 to 2.3 of this regulation. In oil tankers delivered on or before 31 December 1979, as defined in regulation 1.28.1, any cargo tank may be designated as a slop tank.
  • 2.1. Adequate means shall be provided for cleaning the cargo tanks and transferring the dirty ballast residue and tank washings from the cargo tanks into a slop tank approved by the Administration.
  • 2.2. In this system arrangements shall be provided to transfer the oily waste into a slop tank or combination of slop tanks in such a way that any effluent discharged into the sea will be such as to comply with the provisions of regulation 34 of this Annex.
  • 2.3. The arrangements of the slop tank or combination of slop tanks shall have a capacity necessary to retain the slop generated by tank washings, oil residues and dirty ballast residues. The total capacity of the slop tank or tanks shall not be less than 3 per cent of the oil carrying capacity of the ship, except that the Administration may accept:
    • .12 per cent for such oil tankers where the tank washing arrangement are such that once the slop tank or tanks are charged with washing water, this water is sufficient for tank washing and, where applicable, for providing the driving fluid for eductors, without the introduction of additional water into the system;
    • .22 per cent where segregated ballast tanks or dedicated clean ballast tanks are provided in accordance with regulation 18 of this Annex, or where a cargo tank cleaning system using crude oil washing is fitted in accordance with regulation 3 of this Annex. This capacity may be further reduced to 1.5 per cent for such oil tankers where the tank washing arrangements are such that once the slop tank or tanks are charged with washing water, this water is sufficient for tank washing and, where applicable, for providing the driving fluid for eductors, without the introduction of additional water into the system; and
    • .31 per cent for combination carriers where oil cargo is only carried in tanks with smooth walls. This capacity may be further reduced to 0.8 per cent where the tank washing arrangements are such that once the slop tank or tanks are charged with washing water, this water is sufficient for tank washing and, where applicable, for providing the driving fluid for eductors, without the introduction of additional water into the system.
  • 2.4. Slop tanks shall be so designed particularly in respect of the position of inlets, outlets, baffles or weirs where fitted, so as to avoid excessive turbulence and entrainment of oil or emulsion with the water.
  • 3. Oil tankers of 70,000 tonnes deadweight and above delivered after 31 December 1979, as defined in regulation 1.28.2, shall be provided with at least two slop tanks.
Regulation 30 Pumping, piping and discharge arrangement
  • 1. In every oil tanker, a discharge manifold for connection to reception facilities for the discharge of dirty ballast water or oil-contaminated water shall be located on the open deck on both sides of the ship.
  • 2. In every oil tanker of 150 gross tonnage and above, pipelines for the discharge to the sea of ballast water or oil contaminated water from cargo tank areas which may be permitted under regulation 34 of this Annex shall be led to the open deck or to the ship’s side above the waterline in the deepest ballast condition. Different piping arrangements to permit operation in the manner permitted in subparagraphs 6.1 to 6.5 of this regulation may be accepted.
  • 3. In oil tankers of 150 gross tonnage and above delivered after 31 December 1979, as defined in regulation 1.28.2, means shall be provided for stopping the discharge into the sea of ballast water or oil contaminated water from cargo tank areas, other than those discharges below the waterline permitted under paragraph 6 of this regulation, from a position on the upper deck or above located so that the manifold in use referred to in paragraph 1 of this regulation and the discharge to the sea from the pipelines referred to in paragraph 2 of this regulation may be visually observed. Means for stopping the discharge need not be provided at the observation position if a positive communication system such as a telephone or radio system is provided between the observation position and the discharge control position.
  • 4. Every oil tanker delivered after 1 June 1982, as defined in regulation 1.28.4, required to be provided with segregated ballast tanks or fitted with a crude oil washing system, shall comply with the following requirements:
    • .1 it shall be equipped with oil piping so designed and installed that oil retention in the lines is minimized; and
    • .2 means shall be provided to drain all cargo pumps and all oil lines at the completion of cargo discharge, where necessary by connection to a stripping device. The line and pump draining shall be capable of being discharged both ashore and to a cargo tank or a slop tank. For discharge ashore a special small diameter line shall be provided and shall be connected outboard of the ship’s manifold valves.
  • 5. Every crude oil tanker delivered on or before 1 June 1982, as defined in regulation 1.28.3, required to be provided with segregated ballast tanks, or to be fitted with a crude oil washing system, shall comply with the provisions of paragraph 4.2 of this regulation.
  • 6. On every oil tanker the discharge of ballast water or oil contaminated water from cargo tank areas shall take place above the waterline, except as follows:
    • .1 Segregated ballast and clean ballast may be discharged below the waterline:
      provided that the surface of the ballast water has been examined either visually or by other means immediately before the discharge to ensure that no contamination with oil has taken place.
    • .2 Oil tankers delivered on or before 31 December 1979, as defined in regulation 1.28.1, which, without modification, are not capable of discharging segregated ballast above the waterline may discharge segregated ballast below the waterline at sea, provided that the surface of the ballast water has been examined immediately before the discharge to ensure that no contamination with oil has taken place.
    • .3 Oil tankers delivered on or before 1 June 1982, as defined in regulation 1.28.3 operating with dedicated clean ballast tanks, which without modification are not capable of discharging ballast water from dedicated clean ballast tanks above the waterline, may discharge this ballast below the waterline provided that the discharge of the ballast water is supervised in accordance with regulation 18.8.3 of this Annex.
    • .4 On every oil tanker at sea, dirty ballast water or oil contaminated water from tanks in the cargo area, other than slop tanks, may be discharged by gravity below the waterline, provided that sufficient time has elapsed in order to allow oil/water separation to have taken place and the ballast water has been examined immediately before the discharge with an oil/water interface detector referred to in regulation 32 of this Annex, in order to ensure that the height of the interface is such that the discharge does not involve any increased risk of harm to the marine environment.
    • .5 On oil tankers delivered on or before 31 December 1979, as defined in regulation 1.28.1, at sea dirty ballast water or oil contaminated water from cargo tank areas may be discharged below the waterline, subsequent to or in lieu of the discharge by the method referred to in subparagraph 6.4 of this paragraph, provided that:
      • .1 a part of the flow of such water is led through permanent piping to a readily accessible location on the upper deck or above where it may be visually observed during the discharge operation; and
      • .2 such part flow arrangements comply with the requirements established by the Administration, which shall contain at least all the provisions of the Specifications for the Design, Installation and Operation of a Part Flow System for Control of Overboard Discharges adopted by the Organization.
  • 7. Every oil tanker of 150 gross tonnage and above delivered on or after 1 January 2010, as defined in regulation 1.28.8, which has installed a sea chest that is permanently connected to the cargo pipeline system, shall be equipped with both a sea chest valve and an inboard isolation valve. In addition to these valves, the sea chest shall be capable of isolation from the cargo piping system whilst the tanker is loading, transporting, or discharging cargo by use of a positive means that is to the satisfaction of the Administration. Such a positive means is a facility that is installed in the pipeline system in order to prevent, under all circumstances, the section of pipeline between the sea chest valve and the inboard valve being filled with cargo.

PART B EQUIPMENT

Regulation 31 Oil discharge monitoring and control system
  • 1. Subject to the provisions of paragraphs 4 and 5 of regulation 3 of this Annex, oil tankers of 150 gross tonnage and above shall be equipped with an oil discharge monitoring and control system approved by the Administration.
  • 2. In considering the design of the oil content meter to be incorporated in the system, the Administration shall have regard to the specification recommended by the Organization. The system shall be fitted with a recording device to provide a continuous record of the discharge in litres per nautical mile and total quantity discharged, or the oil content and rate of discharge. This record shall be identifiable as to time and date and shall be kept for at least three years. The oil discharge monitoring and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as will ensure that any discharge of oily mixture is automatically stopped when the instantaneous rate of discharge of oil exceeds that permitted by regulation 34 of this Annex. Any failure of this monitoring and control system shall stop the discharge. In the event of failure of the oil discharge monitoring and control system a manually operated alternative method may be used, but the defective unit shall be made operable as soon as possible. Subject to allowance by the port State authority a tanker with a defective oil discharge monitoring and control system may undertake one ballast voyage before proceeding to a repair port.
  • 3. The oil discharge monitoring and control system shall be designed and installed in compliance with the guidelines and specifications for oil discharge monitoring and control system for oil tankers developed by the Organization. Administrations may accept such specific arrangements as detailed in the Guidelines and Specifications.
  • 4. Instructions as to the operation of the system shall be in accordance with an operational manual approved by the Administration. They shall cover manual as well as automatic operations and shall be intended to ensure that at no time shall oil be discharged except in compliance with the conditions specified in regulation 34 of this Annex.
Regulation 32 Oil/water interface detector

Subject to the provisions of paragraphs 4 and 5 of regulation 3 of this Annex, oil tankers of 150 gross tonnage and above shall be provided with effective oil/water interface detectors approved by the Administration for a rapid and accurate determination of the oil/water interface in slop tanks and shall be available for use in other tanks where the separation of oil and water is effected and from which it is intended to discharge effluent direct to the sea.

Regulation 33 Crude oil washing requirements
  • 1. Every crude oil tanker of 20,000 tonnes deadweight and above delivered after 1 June 1982, as defined in regulation 1.28.4, shall be fitted with a cargo tank cleaning system using crude oil washing. The Administration shall ensure that the system fully complies with the requirements of this regulation within one year after the tanker was first engaged in the trade of carrying crude oil or by the end of the third voyage carrying crude oil suitable for crude oil washing, whichever occurs later.
  • 2. Crude oil washing installation and associated equipment and arrangements shall comply with the requirements established by the Administration. Such requirements shall contain at least all the provisions of the Specifications for the Design, Operation and Control of Crude Oil Washing Systems adopted by the Organization. When a ship is not required, in accordance with paragraph 1 of this regulation to be, but is equipped with crude oil washing equipment, it shall comply with the safety aspects of the above-mentioned Specifications.
  • 3. Every crude oil washing system required to be provided in accordance with regulation 18.7 of this Annex shall comply with the requirements of this regulation.

PART C CONTROL OF OPERATIONAL DISCHARGES OF OIL

Regulation 34 Control of discharge of oil
  • 1. Subject to the provisions of regulation 4 of this Annex and paragraph 2 of this regulation, any discharge into the sea of oil or oily mixtures from the cargo area of an oil tanker, shall be prohibited except when all the following conditions are satisfied:
    • .1 the tanker is not within a special area;
    • .2 the tanker is more than 50 nautical miles from the nearest land;
    • .3 the tanker is proceeding en route;
    • .4 the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile;
    • .5 the total quantity of oil discharged into the sea does not exceed for tankers delivered on or before 31 December 1979, as defined in regulation 1.28.1, 1/15,000 of the total quantity of the particular cargo of which the residue formed a part, and for tankers delivered after 31 December 1979, as defined in regulation 1.28.2, 1/30,000 of the total quantity of the particular cargo of which the residue formed a part; and
    • .6 the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulations 29 and 31 of this Annex.
  • 2. The provisions of paragraph 1 of this regulation shall not apply to the discharge of clean or segregated ballast.
  • 3. Subject to the provisions of paragraph 4 of this regulation, any discharge into the sea of oil or oily mixture from the cargo area of an oil tanker shall be prohibited while in a special area.
  • 4. The provisions of paragraph 3 of this regulation shall not apply to the discharge of clean or segregated ballast.
  • 5. Nothing in this regulation shall prohibit a ship on a voyage only part of which is in a special area from discharging outside the special area in accordance with paragraph 1 of this regulation.
  • 6. The requirements of regulations 29, 31 and 32 of this Annex shall not apply to oil tankers of less than 150 gross tonnage, for which the control of discharge of oil under this regulation shall be effected by the retention of oil on board with subsequent discharge of all contaminated washings to reception facilities. The total quantity of oil and water used for washing and returned to a storage tank shall be discharged to reception facilities unless adequate arrangements are made to ensure that any effluent which is allowed to be discharged into the sea is effectively monitored to ensure that the provisions of this regulation are complied with.
  • 7. Whenever visible traces of oil are observed on or below the surface of the water in the immediate vicinity of a ship or its wake, the Governments of Parties to the present Convention should, to the extent they are reasonably able to do so, promptly investigate the facts bearing on the issue of whether there has been a violation of the provisions of this regulation. The investigation should include, in particular, the wind and sea conditions, the track and speed of the ship, other possible sources of the visible traces in the vicinity, and any relevant oil discharge records.
  • 8. No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation.
  • 9. The oil residues which cannot be discharged into the sea in compliance with paragraphs 1 and 3 of this regulation shall be retained on board for subsequent discharge to reception facilities.
Regulation 35 Crude oil washing operations
  • 1. Every oil tanker operating with crude oil washing systems shall be provided with an Operations and Equipment Manual detailing the system and equipment and specifying operational procedures. Such a Manual shall be to the satisfaction of the Administration and shall contain all the information set out in the specifications referred to in paragraph 2 of regulation 33 of this Annex. If an alteration affecting the crude oil washing system is made, the Operations and Equipment Manual shall be revised accordingly.
  • 2. With respect to the ballasting of cargo tanks, sufficient cargo tanks shall be crude oil washed prior to each ballast voyage in order that, taking into account the tanker’s trading pattern and expected weather conditions, ballast water is put only into cargo tanks which have been crude oil washed.
  • 3. Unless an oil tanker carries crude oil which is not suitable for crude oil washing, the oil tanker shall operate the crude oil washing system in accordance with the Operations and Equipment Manual.
Regulation 36 Oil Record Book, Part II - Cargo/ballast operations
  • 1. Every oil tanker of 150 gross tonnage and above shall be provided with an Oil Record Book Part II (Cargo/Ballast Operations). The Oil Record Book Part II, whether as a part of the ship’s official logbook or otherwise, shall be in the Form specified in appendix III to this Annex.
  • 2. The Oil Record Book Part II shall be completed on each occasion, on a tank-to-tank basis if appropriate, whenever any of the following cargo/ballast operations take place in the ship:
    • .1 loading of oil cargo;
    • .2 internal transfer of oil cargo during voyage;
    • .3 unloading of oil cargo;
    • .4 ballasting of cargo tanks and dedicated clean ballast tanks;
    • .5 cleaning of cargo tanks including crude oil washing;
    • .6 discharge of ballast except from segregated ballast tanks;
    • .7 discharge of water from slop tanks;
    • .8 closing of all applicable valves or similar devices after slop tank discharge operations;
    • .9 closing of valves necessary for isolation of dedicated clean ballast tanks from cargo and stripping lines after slop tank discharge operations; and
    • .10 disposal of residues.
  • 3. For oil tankers referred to in regulation 34.6 of this Annex, the total quantity of oil and water used for washing and returned to a storage tank shall be recorded in the Oil Record Book Part II.
  • 4. In the event of such discharge of oil or oily mixture as is referred to in regulation 4 of this Annex or in the event of accidental or other exceptional discharge of oil not excepted by that regulation, a statement shall be made in the Oil Record Book Part II of the circumstances of, and the reasons for, the discharge.
  • 5. Each operation described in paragraph 2 of this regulation shall be fully recorded without delay in the Oil Record Book Part II so that all entries in the book appropriate to that operation are completed. Each completed operation shall be signed by the officer or officers in charge of the operations concerned and each completed page shall be signed by the master of ship. The entries in the Oil Record Book Part II shall be at least in English, French or Spanish. Where entries in an official language of the State whose flag the ship is entitled to fly are also used, this shall prevail in case of dispute or discrepancy.
  • 6. Any failure of the oil discharge monitoring and control system shall be noted in the Oil Record Book Part II.
  • 7. The Oil Record Book shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be preserved for a period of three years after the last entry has been made.
  • 8. The competent authority of the Government of a Party to the Convention may inspect the Oil Record Book Part II on board any ship to which this Annex applies while the ship is in its port or offshore terminals and may make a copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the master of the ship as a true copy of an entry in the ship’s Oil Record Book Part II shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of an Oil Record Book Part II and the taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.
  • 9. For oil tankers of less than 150 gross tonnage operating in accordance with regulation 34.6 of this Annex, an appropriate Oil Record Book should be developed by the Administration.

CHAPTER 5 PREVENTION OF POLLUTION ARISING FROM AN OIL POLLUTION INCIDENT

Regulation 37 Shipboard oil pollution emergency plan

  • 1.Every oil tanker of 150 gross tonnage and above and every ship other than an oil tanker of 400 gross tonnage and above shall carry on board a shipboard oil pollution emergency plan approved by the Administration.
  • 2.Such a plan shall be prepared based on guidelines developed by the Organization and written in the working language of the master and officers. The plan shall consist at least of:
    • .1 the procedure to be followed by the master or other persons having charge of the ship to report an oil pollution incident, as required in article 8 and Protocol I of the present Convention, based on the guidelines developed by the Organization;
    • .2 the list of authorities or persons to be contacted in the event of an oil pollution incident;
    • .3 a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of oil following the incident; and
    • .4 the procedures and point of contact on the ship for co-ordinating shipboard action with national and local authorities in combating the pollution.
  • 3.In the case of ships to which regulation 17 of Annex II of the present Convention also apply, such a plan may be combined with the shipboard marine pollution emergency plan for noxious liquid substances required under regulation 17 of Annex II of the present Convention. In this case, the title of such a plan shall be “Shipboard marine pollution emergency plan”.
  • 4.All oil tankers of 5,000 tons deadweight or more shall have prompt access to computerised, shore-based damage stability and residual structural strength calculation programs.

CHAPTER 6 RECEPTION FACILITIES

Regulation 38 Reception facilities

A. Reception facilities outside special areas

  • 1.The Government of each Party to the present Convention undertakes to ensure the provision at oil loading terminals, repair ports, and in other ports in which ships have oily residues to discharge, of facilities for the reception of such residues and oily mixtures as remain from oil tankers and other ships adequate to meet the needs of the ships using them without causing undue delay to ships.
  • 2.Reception facilities in accordance with paragraph 1 of this regulation shall be provided in:
    • .1 all ports and terminals in which crude oil is loaded into oil tankers where such tankers have immediately prior to arrival completed a ballast voyage of not more than 72 hours or not more than 1,200 nautical miles;
    • .2 all ports and terminals in which oil other than crude oil in bulk is loaded at an average quantity of more than 1,000 tonnes per day;
    • .3 all ports having ship repair yards or tank cleaning facilities;
    • .4 all ports and terminals which handle ships provided with the oil residue (sludge) tank(s) required by regulation 12 of this Annex;
    • .5 all ports in respect of oily bilge waters and other residues that cannot be discharged in accordance with regulations 15 and 34 of this Annex and paragraph 1.1.1 of part II-A of the Polar Code; and
    • .6 all loading ports for bulk cargoes in respect of oil residues from combination carriers which cannot be discharged in accordance with regulation 34 of this Annex.
  • 3.The capacity for the reception facilities shall be as follows:
    • .1 Crude oil loading terminals shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of regulation 34.1 of this Annex from all oil tankers on voyages as described in paragraph 2.1 of this regulation.
    • .2 Loading ports and terminals referred to in paragraph 2.2 of this regulation shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of regulation 34.1 of this Annex from oil tankers which load oil other than crude oil in bulk
    • .3 All ports having ship repair yards or tank cleaning facilities shall have sufficient reception facilities to receive all residues and oily mixtures which remain on board for disposal from ships prior to entering such yards or facilities.
    • .4 All facilities provided in ports and terminals under paragraph 2.4 of this regulation shall be sufficient to receive all residues retained according to regulation 12 of this Annex from all ships that may reasonably be expected to call at such ports and terminals.
    • .5 All facilities provided in ports and terminals under this regulation shall be sufficient to receive oily bilge waters and other residues which cannot be discharged in accordance with regulation 15 of this Annex and paragraph 1.1.1 of part II-A of the Polar Code.
    • .6 The facilities provided in loading ports for bulk cargoes shall take into account the special problems of combination carriers as appropriate.
  • 3bis.Small Island Developing States may satisfy the requirements in paragraphs 1 to 3 of this regulation through regional arrangements when, because of those States’ unique circumstances, such arrangements are the only practical means to satisfy these requirements. Parties participating in a regional arrangement shall develop a Regional Reception Facilities Plan, taking into account the guidelines developed by the Organization.
    The Government of each Party participating in the arrangement shall consult with the Organization, for circulation to the Parties of the present Convention:
    • .1.how the Regional Reception Facilities Plan takes into account the Guidelines;
    • .2.particulars of the identified Regional Ships Waste Reception Centres; and
    • .3.particulars of those ports with only limited facilities.

B. Reception facilities within special areas

  • 4.The Government of each Party to the present Convention the coastline of which borders on any given special area shall ensure that all oil loading terminals and repair ports within the special area are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from oil tankers. In addition all ports within the special area shall be provided with adequate reception facilities for other residues and oily mixtures from all ships. Such facilities shall have adequate capacity to meet the needs of the ships using them without causing undue delay.
  • 4bis.Small Island Developing States may satisfy the requirements in paragraph 4 of this regulation through regional arrangements when, because of those States’ unique circumstances, such arrangements are the only practical means to satisfy these requirements. Parties participating in a regional arrangement shall develop a Regional Reception Facilities Plan, taking into account the guidelines developed by the Organization.
    The Government of each Party participating in the arrangement shall consult with the Organization for circulation to the Parties of the present Convention:
    • .1.how the Regional Reception Facilities Plan takes into account the Guidelines;
    • .2.particulars of the identified Regional Ships Waste Reception Centres; and
    • .3.particulars of those ports with only limited facilities.
  • 5.The Government of each Party to the present Convention having under its jurisdiction entrances to seawater courses with low depth contour which might require a reduction of draught by the discharge of ballast shall ensure the provision of the facilities referred to in paragraph 4 of this regulation but with the proviso that ships required to discharge slops or dirty ballast could be subject to some delay.
  • 6.With regard to the Red Sea area, Gulfs area, Gulf of Aden area and Oman area of the Arabian Sea:
    • .1 Each Party concerned shall notify the Organization of the measures taken pursuant to provisions of paragraphs 4 and 5 of this regulation. Upon receipt of sufficient notifications the Organization shall establish a date from which the discharge requirements of regulations 15 and 34 of this Annex in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date.
    • .2 During the period between the entry into force of the present Convention and the date so established, ships while navigating in the special area shall comply with the requirements of regulations 15 and 34 of this Annex as regards discharges outside special areas.
    • .3 After such date oil tankers loading in ports in these special areas where such facilities are not yet available shall also fully comply with the requirements of regulations 15 and 34 of this Annex as regards discharges within special areas. However, oil tankers entering these special areas for the purpose of loading shall make every effort to enter the area with only clean ballast on board.
    • .4 After the date on which the requirements for the special area in question take effect, each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities are alleged to be inadequate.
    • .5 At least the reception facilities as prescribed in paragraphs 1, 2 and 3 of this regulation shall be provided one year after the date of entry into force of the present Convention.
  • 7.Notwithstanding paragraphs 4, 5 and 6 of this regulation, the following rules apply to the Antarctic area:
    • .1 The Government of each Party to the present Convention at whose ports ships depart en route to or arrive from the Antarctic area undertakes to ensure that as soon as practicable adequate facilities are provided for the reception of all sludge, dirty ballast, tank washing water, and other oily residues and mixtures from all ships, without causing undue delay, and according to the needs of the ships using them.
    • .2 The Government of each Party to the present Convention shall ensure that all ships entitled to fly its flag, before entering the Antarctic area, are fitted with a tank or tanks of sufficient capacity on board for the retention of all oil residue (sludge), dirty ballast, tank washing water and other oily residues and mixtures while operating in the area and have concluded arrangements to discharge such oily residues at a reception facility after leaving the area.

C. General requirements

  • 8.Each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities provided under this regulation are alleged to be inadequate.

CHAPTER 7 SPECIAL REQUIREMENTS FOR FIXED OR FLOATING PLATFORMS

Regulation 39 Special requirements for fixed or floating platforms

  • 1.This regulation applies to fixed or floating platforms including drilling rigs, floating production, storage and offloading facilities (FPSOs) used for the offshore production and storage of oil, and floating storage units (FSUs) used for the offshore storage of produced oil.
  • 2.Fixed or floating platforms when engaged in the exploration, exploitation and associated offshore processing of sea-bed mineral resources and other platforms shall comply with the requirements of this Annex applicable to ships of 400 gross tonnage and above other than oil tankers, except that:
    • .1 they shall be equipped as far as practicable with the installations required in regulations 12 and 14 of this Annex;
    • .2 they shall keep a record of all operations involving oil or oily mixture discharges, in a form approved by the Administration; and
    • .3 subject to the provisions of regulation 4 of this Annex, the discharge into the sea of oil or oily mixture shall be prohibited except when the oil content of the discharge without dilution does not exceed 15 parts per million.
  • 3.In verifying compliance with this Annex in relation to platforms configured as FPSOs or FSUs, in addition to the requirements of paragraph 2, Administrations should take account of the Guidelines developed by the Organization.

CHAPTER 8 – PREVENTION OF POLLUTION DURING TRANSFER OF OIL CARGO BETWEEN OIL TANKERS AT SEA

Regulation 40 Scope of application

  • 1. The regulations contained in this chapter apply to oil tankers of 150 gross tonnage and above engaged in the transfer of oil cargo between oil tankers at sea (STS operations) and their STS operations conducted on or after 1 April 2012. However, STS operations conducted before that date but after the approval of the Administration of STS operations Plan required under regulation 41.1 shall be in accordance with the STS operations Plan as far as possible.
  • 2. The regulations contained in this chapter shall not apply to oil transfer operations associated with fixed or floating platforms including drilling rigs; floating production, storage and offloading facilities (FPSOs) used for the offshore production and storage of oil; and floating storage units (FSUs) used for the offshore storage of produced oil .
  • 3. The regulations contained in this chapter shall not apply to bunkering operations.
  • 4. The regulations contained in this chapter shall not apply to STS operations necessary for the purpose of securing the safety of a ship or saving life at sea, or for combating specific pollution incidents in order to minimize the damage from pollution.
  • 5. The regulations contained in this chapter shall not apply to STS operations where either of the ships involved is a warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service. However, each State shall ensure, by the adoption of appropriate measures not impairing operations or operational capabilities of such ships that the STS operations are conducted in a manner consistent, so far as is reasonable and practicable, with this chapter.

Regulation 41 General Rules on safety and environmental protection

  • 1. Any oil tanker involved in STS operations shall carry on board a Plan prescribing how to conduct STS operations (STS operations Plan) not later than the date of the first annual, intermediate or renewal survey of the ship to be carried out on or after 1 January 2011. Each oil tanker’s STS operations Plan shall be approved by the Administration. The STS operations Plan shall be written in the working language of the ship.
  • 2. The STS operations Plan shall be developed taking into account the information contained in the best practice guidelines for STS operations identified by the Organization . The STS operations Plan may be incorporated into an existing Safety Management System required by chapter IX of the International Convention for the Safety of Life at Sea, 1974, as amended, if that requirement is applicable to the oil tanker in question.
  • 3. Any oil tanker subject to this chapter and engaged in STS operations shall comply with its STS operations Plan.
  • 4. The person in overall advisory control of STS operations shall be qualified to perform all relevant duties, taking into account the qualifications contained in the best practice guidelines for STS operations identified by the Organization .
  • 5. Records of STS operations shall be retained on board for three years and be readily available for inspection by a Party to the present Convention.

Regulation 42 Notification

  • 1. Each oil tanker subject to this chapter that plans STS operations within the territorial sea, or the exclusive economic zone of a Party to the present Convention shall notify that Party not less than 48 hours in advance of the scheduled STS operations. Where, in an exceptional case, all of the information specified in paragraph 2 is not available not less than 48 hours in advance, the oil tanker discharging the oil cargo shall notify the Party to the present Convention, not less than 48 hours in advance that an STS operation will occur and the information specified in paragraph 2 shall be provided to the Party at the earliest opportunity.
  • 2. The notification specified in paragraph 1 of this regulation shall include at least the following:
    • .1.name, flag, call sign, IMO Number and estimated time of arrival of the oil tankers involved in the STS operations;
    • .2.date, time and geographical location at the commencement of the planned STS operations;
    • .3.whether STS operations are to be conducted at anchor or underway;
    • .4.oil type and quantity;
    • .5.planned duration of the STS operations;
    • .6.identification of STS operations service provider or person in overall advisory control and contact information; and
    • .7.confirmation that the oil tanker has on board an STS operations Plan meeting the requirements of regulation 41.
  • 3. If the estimated time of arrival of an oil tanker at the location or area for the STS operations changes by more than six hours, the master, owner or agent of that oil tanker shall provide a revised estimated time of arrival to the Party to the present Convention specified in paragraph 1 of this regulation.

CHAPTER 9 SPECIAL REQUIREMENTS FOR THE USE OR CARRIAGE OF OILS IN THE ANTARCTIC AREA

Regulation 43 Special requirements for the use or carriage of oils in the Antarctic area

  • 1. With the exception of vessels engaged in securing the safety of ships or in a search and rescue operation, the carriage in bulk as cargo, use as ballast, or carriage and use as fuel of the following:
    • .1.crude oils having a density at 15°C higher than 900 kg/m3;
    • .2.oils, other than crude oils, having a density at 15°C higher than 900 kg/m3 or a kinematic viscosity at 50°C higher than 180 mm2/s; or
    • .3.bitumen, tar and their emulsions,

    shall be prohibited in the Antarctic area, as defined in Annex I, regulation 1.11.7.
  • 2. When prior operations have included the carriage or use of oils listed in paragraphs 1.1 to 1.3 of this regulation, the cleaning or flushing of tanks or pipelines is not required.

CHAPTER 10 VERIFICATION OF COMPLIANCE WITH THE PROVISIONS OF THIS CONVENTION

Regulation 44 Application

Parties shall use the provisions of the Code for Implementation in the execution of their obligations and responsibilities contained in this Annex.

Regulation 45 Verification of compliance

  • 1. Every Party shall be subject to periodic audits by the Organization in accordance with the audit standard to verify compliance with and implementation of this Annex.
  • 2. The Secretary-General of the Organization shall have responsibility for administering the Audit Scheme, based on the guidelines developed by the Organization.
  • 3. Every Party shall have responsibility for facilitating the conduct of the audit and implementation of a programme of actions to address the findings, based on the guidelines developed by the Organization.
  • 4. Audit of all Parties shall be:
    • .1.based on an overall schedule developed by the Secretary-General of the Organization, taking into account the guidelines developed by the Organization; and
    • .2.conducted at periodic intervals, taking into account the guidelines developed by the Organization.

CHAPTER 11 INTERNATIONAL CODE FOR SHIPS OPERATING IN POLAR WATERS

Regulation 46 Definitions

For the purpose of this Annex,

  • 1. Polar Code means the International Code for Ships Operating in Polar Waters, consisting of an introduction, parts I-A and II-A and parts I-B and II-B, adopted by resolutions MSC.385(94) and MEPC.264(68), as may be amended, provided that:
    • .1amendments to the environment-related provisions of the introduction and chapter 1 of part II-A of the Polar Code are adopted, brought into force and take effect in accordance with the provisions of article 16 of the present Convention concerning the amendment procedures applicable to an appendix to an annex; and
    • .2amendments to part II-B of the Polar Code are adopted by the Marine Environment Protection Committee in accordance with its Rules of Procedure.
  • 2. Arctic waters means those waters which are located north of a line from the latitude 58°00'.0 N and longitude 042°00'.0 W to latitude 64°37'.0 N, longitude 035°27'.0 W and thence by a rhumb line to latitude 67°03'.9 N, longitude 026°33'.4 W and thence by a rhumb line to the latitude 70°49'.56 N and longitude 008°59'.61 W (Sørkapp, Jan Mayen) and by the southern shore of Jan Mayen to 73°31'.6 N and 019°01'.0 E by the Island of Bjørnøya, and thence by a great circle line to the latitude 68°38'.29 N and longitude 043°23'.08 E (Cap Kanin Nos) and hence by the northern shore of the Asian Continent eastward to the Bering Strait and thence from the Bering Strait westward to latitude 60° N as far as Il'pyrskiy and following the 60th North parallel eastward as far as and including Etolin Strait and thence by the northern shore of the North American continent as far south as latitude 60° N and thence eastward along parallel of latitude 60° N, to longitude 056°37'.1 W and thence to the latitude 58°00'.0 N, longitude 042°00'.0 W.
  • 3. Polar waters means Arctic waters and/or the Antarctic area.

Regulation 47 Application and requirements

  • 1. This chapter applies to all ships operating in polar waters.
  • 2. Unless expressly provided otherwise, any ship covered by paragraph 1 of this regulation shall comply with the environment-related provisions of the introduction and with chapter 1 of part II-A of the Polar Code, in addition to any other applicable requirements of this Annex.
  • 3. In applying chapter 1 of part II-A of the Polar Code, consideration should be given to the additional guidance in part II-B of the Polar Code.

Appendix I LIST OF OILS2

Asphalt solutions

Blending stocks

Roofers flux

Straight run residue

Oils

Clarified

Crude oil

Mixtures containing crude oil

Diesel oil

Fuel oil no. 4

Fuel oil no. 5

Fuel oil no. 6

Residual fuel oil

Road oil

Tranformer oil

Aromatic oil (excluding vegetable oil)

Lubricating oils and blending stocks

Mineral oil

Motor oil

Penetrating oil

Spindle oil

Turbine oil

Distillates

Straight run

Flashed feed stocks

Gas oil

Cracked

Gasoline blending stocks

Alkylates - fuel

Reformates

Polymer - fuel

Gasolines

Casinghead (natural)

Automotive

Aviation

Straight run

Fuel oil no. 1 (kerosene)

Fuel oil no. 1-D

Fuel oil no. 2

Fuel oil no. 2-D

Jet Fuels

JP-1 (kerosene)

JP-3

JP-4

JP-5 (kerosene, heavy)

Turbo fuel

Kerosene

Mineral spirit

Naphtha

Solvent

Petroleum

Heartcut distillate oil

Appendix II Form of IOPP Certificate and Supplements

  • 3.2.Means for the disposal of oil residues (sludge) retained in oil residue (sludge) tanks:
    • 3.2.1.Incinerator for oil residues (sludge) .................... □
    • 3.2.2.Auxiliary boiler suitable for burning oil residues (sludge) ….. □
    • 3.2.3.Other acceptable means, state which ….. □
  • 3.3The ship is provided with holding tank(s) for the retention on board of oily bilge water as follows:
  • 8.Compliance with part II-A – chapter 1 of the Polar Code
    • 8.1.The ship is in compliance with additional requirements in the environment-related provisions of the Introduction and section 1.2 of chapter 1 of part II-A of the Polar Code.................... □

THIS IS TO CERTIFY that this Record is correct in all respects.

Issued at ......................................

(Place of issue of the Record)

.................................................... ........................................................
(Date of issue) (Signature of duly authorized official issuing the Record)

(Seal or stamp of the issuing authority, as appropriate)

  • 3.2Means for the disposal of residues in addition to the provisions of sludge tanks:
  • 3.2.1Incinerator for oil residues (sludge) .............. □
  • 3.2.2Auxiliary boiler suitable for burning oil residues □
  • 3.2.3Tank for mixing oil residues with fuel oil, capacity .......... m3
  • 3.2.4Other acceptable means: ..................... □
  • 3.3The ship is provided with holding tank(s) for the retention on board of oily bilge water as follows:
5. Construction (regulations 18, 19, 20, 21, 22, 23, 26, 27, 28 and 33)
  • 5.1In accordance with the requirements of regulation 18, the ship is qualified as a segregated ballast tanker in compliance with regulation 18.9 ...... □
  • 5.2Segregated ballast tanks (SBT) in compliance with regulation 18 are distributed as follows:
           
    Totale volume ...... m3
  • 5.5.5.The ship is provided with an Approved Stability Instrument in accordance with regulation 28(6) ........ □
  • 5.5.6.The requirements of regulation 28(6) are waived in respect of the ship in accordance with regulation 3.6. Stability is verified by one or more of the following means:
    • .1.loading only to approved conditions defined in the stability information provided to the master in accordance with regulation 28(5) ........ □
    • .2.verification is made remotely by a means approved by the
      Administration: ........ □
    • .3.loading within an approved range of loading conditions defined in the stability information provided to the master in accordance with regulation 28(5) ........ □
    • .4.loading in accordance with approved limiting KG/GM curves covering all applicable intact and damage stability requirements defined in the stability information provided to the master in accordance with regulation 28(5) ........ □
  • 11.Compliance with part II-A – chapter 1 of the Polar Code
    • 11.1.The ship is in compliance with additional requirements in the environment-related provisions of the introduction and section 1.2 of chapter I of part II-A of the Polar Code.

THIS IS TO CERTIFY that this Record is correct in all respects.

Issued at ......................................

(Place of issue of the Record)

.................................................... ........................................................
(Date of issue) (Signature of duly authorized official issuing the Record)

(Seal or stamp of the issuing authority, as appropriate)

Appendix III FORM OF OIL RECORD BOOK

Introduction

The following pages of this section show a comprehensive list of items of machinery space operations which are, when appropriate, to be recorded in the Oil Record Book Part I in accordance with regulation 17 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). The items have been grouped into operational sections, each of which is denoted by a letter Code.

When making entries in the Oil Record Book Part I, the date, operational Code and item number shall be inserted in the appropriate Columns and the required particulars shall be recorded chronologically in the blank spaces.

Each completed operation shall be signed for and dated by the officer or officers in charge. The master of the Ship shall sign each completed page.

The Oil Record Book Part I contains many references to oil quantity. The limited accuracy of tank Measurement devices, temperature variations and clingage will affect the accuracy of these readings. The entries in the Oil Record Book Part I should be considered accordingly.

In the event of accidental or other exceptional discharge of oil statement shall be made in the Oil Record Book Part I of the circumstances of, and the reasons for, the discharge.

Any failure of the oil filtering equipment shall be noted in the Oil Record Book Part I.

The entries in the Oil Record Book Part I, for ships holding an IOPP Certificate, shall be at least in English, French or Spanish. Where entries in official language of the State whose flag the ship is entitled to fly are also used, this shall prevail in case of a dispute or discrepancy.

The Oil Record Book Part I shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be preserved for a period of three years after the last entry has been made.

The competent authority of the Government of a Party to the Convention may inspect the Oil Record Book Part I on board any ship to which this Annex applies while the ship is in its port or offshore terminals and may make a copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the master of the ship as a true copy of an entry in the Oil Record Book Part I shall be made admissible in any juridical proceedings as evidence of the facts stated in the entry. The inspection of an Oil Record Book Part I and the taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.

LIST OF ITEMS TO BE RECORDED
  • (A) Ballasting or cleaning of oil fuel tanks
    • 1.Identity of tank(s) ballasted.
    • 2.Whether cleaned since they last contained oil and, if not, type of oil previously carried.
    • 3.Cleaning process:
      • .1.position of ship and time at the start and completion of cleaning;
      • .2.identify tank(s) in which one or another method has been employed (rinsing through, steaming, cleaning with chemicals; type and quantity of chemicals used, in m3);
      • .3.identity of tank(s) into which cleaning water was transferred and the quantity in m3.
    • 4.Ballasting:
      • .1.position of ship and time at start and end of ballasting;
      • .2.quantity of ballast if tanks are not cleaned, in m3.
  • (B) Discharge of dirty ballast or cleaning water from oil fuel tanks referred to under Section (A)
    • 5.Identity of tank(s).
    • 6.Position of ship at start of discharge.
    • 7.Position of ship on completion of discharge.
    • 8.Ship’s speed(s) during discharge.
    • 9.Method of discharge:
      • .1.through 15 ppm equipment;
      • .2.to reception facilities.
    • 10.Quantity discharged, in m3.
  • (C) Collection, transfer and disposal of oil residues (sludge)
    • 11.Collection of oil residues (sludge).
      Quantities of oil residues (sludge) retained on board. The quantity should be recorded weekly : (this means that the quantity must be recorded once a week even if the voyage lasts more than one week):
      • .1.identity of tank(s)
      • .2.capacity of tank(s) ….. m3
      • .3.total quantity of retention ….. m3
      • .4.quantity of residue collected by manual operation ….. m3
        (Operator initiated manual collections where oil residue (sludge) is transferred into the oil residue (sludge) holding tank(s).)
    • 12.Methods of transfer or disposal of oil residues (sludge).
      State quantity of oil residues transferred or disposed of, the tank(s) emptied and the quantity of contents retained in m3:
      • .1.to reception facilities (identify port) ;
      • .2.to another (other) tank(s) (indicate tank(s) and the total content of tank(s));
      • .3.incinerated (indicate total time of operation);
      • .4.other method (state which).
  • (D) Non-automatic starting of discharge overboard, transfer or disposal otherwise of bilge water which has accumulated in machinery spaces
    • 13.Quantity discharged, transferred or disposed of, in m3.
    • 14.Time of discharge, transfer or disposal (start and stop).
    • 15.Method of discharge, transfer, or disposal:
      • .1.through 15 ppm equipment (state position at start and end);
      • .2.to reception facilities (identify port);
      • .3.to slop tank or holding tank or other tank(s) (indicate tank(s); state quantity retained in tank(s), in m3).
  • (E) Automatic starting of discharge overboard, transfer or disposal otherwise of bilge water which has accumulated in machinery spaces
    • 16.Time and position of ship at which the system has been put into automatic mode of operation for discharge overboard, through 15 ppm equipment.
    • 17.Time when the system has been put into automatic mode of operation for transfer of bilge water to holding tank (identify tank).
    • 18.Time when the system has been put into manual operation.
  • (F) Condition of the oil filtering equipment
    • 19.Time of system failure .
    • 20.Time when system has been made operational.
    • 21.Reasons for failure.
  • (G) Accidental or other exceptional discharges of oil
    • 22.Time of occurrence.
    • 23.Place or position of ship at time of occurrence.
    • 24.Approximate quantity and type of oil.
    • 25.Circumstances of discharge or escape, the reasons therefor and general remarks.
  • (H) Bunkering of fuel or bulk lubricating oil
    • 26.Bunkering:
      • .1.Place of bunkering.
      • .2.Time of bunkering.
      • .3.Type and quantity of fuel oil and identity of tank(s) (state quantity added, in tonnes and total content of tank(s)).
      • .4.Type and quantity of lubricating oil and identity of tank(s) (state quantity added, in tonnes and total content of tank(s)).
  • (I) Additional operational procedures and general remarks
Introduction

The following pages of this section show a comprehensive list of items of cargo and ballast operations which are, when appropriate, to be recorded in the Oil Record Book Part II in accordance with regulation 36 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). The items have been grouped into operational section, each of which is denoted by a code letter.

When making entries in the Oil Record Book Part II, the date, operational code and item number shall be inserted in the appropriate columns and the required particulars shall be recorded chronologically in the blank spaces.

Each completed operation shall be signed for and dated by the officer or officers in charge. Each completed page shall be countersigned by the master of the ship.

In respect of the oil tankers engaged in specific trades in accordance with regulation 2.5 of Annex I of MARPOL 73/78, appropriate entry in the Oil Record Book Part II shall be endorsed by the competent port State authority.3

The Oil Record Book Part II contains many references to oil quantity. The limited accuracy of tank Measurement devices, temperature variations and clingage will affect the accuracy of these readings. The entries in the Oil Record Book Part II should be considered accordingly.

In the event of accidental or other exceptional discharge of oil a statement shall be made in the Oil Record Book Part II of the circumstances of, and the reasons for, the discharge.

Any failure of the oil discharge monitoring and control system shall be noted in the Oil Record Book Part II.

The entries in the Oil Record Book Part II, for ships holding an IOPP Certificate, shall be at least in English, French or Spanish. Where entries in an official language of the State whose flag the ship is entitled to fly are also used, this shall prevail in case of a dispute or discrepancy.

The Oil Record Book Part II shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned Ships under tow, shall be kept on board the Ship. It shall be preserved for a period of three years after the last entry has been made.

The competent authority of the Government of a Party to the Convention may inspect the Oil Record Book Part II on board any Ship to which this Annex applies while the Ship is in its port or offshore terminals and may make a copy of any entry in that book and may require the master of the Ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the master of the Ship as a true copy of an entry in the Oil Record Book Part II shall be made admissible in any juridical proceedings as evidence of the facts stated in the entry. The inspection of an Oil Record Book Part II and taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.

LIST OF ITEMS TO BE RECORDED
  • (A) Loading of oil cargo
    • 1.Place of loading.
    • 2.Type of oil loaded and identity of tank(s).
    • 3.Total quantity of oil loaded (state quantity added, in m3 at 15°C and the total content of tank(s), in m3).
  • (B) Internal transfer of oil cargo during voyage
    • 4.Identity of tank(s):
      • .1 from:
      • .2 to: (state quantity transferred and total quantity of tank(s), in m3).
    • 5.Was (were) the tank(s) in 4.1 emptied? (If not, state quantity retained, in m3.)
  • (C) Unloading of oil cargo
    • 6.Place of unloading.
    • 7.Identity of tank(s) unloaded.
    • 8.Was (were) the tank(s) emptied? (If not, state quantity retained, in m3.)
  • (D) Crude oil washing (COW tankers only)
    (To be completed for each tank being crude oil washed)
    • 9.Port where crude oil washing was carried out or ship’s position if carried out between two discharge ports.
    • 10.Identity of tank(s) washed.4
    • 11.Number of machines in use.
    • 12.Time of start of washing.
    • 13.Washing pattern employed.5
    • 14.Washing line pressure.
    • 15.Time washing was completed or stopped.
    • 16.State method of establishing that tank(s) was (were) dry.
    • 17.Remarks.6
  • (E) Ballasting of cargo tanks
    • 18.Position of ship at start and end of ballasting.
    • 19.Ballasting process:
      • .1 identity of tank(s) ballasted;
      • .2 time of start and end; and
      • .3 quantity of ballast received. Indicate total quantity of ballast for each tank involved in operation, in m3.
  • (F) Ballasting of dedicated clean ballast tanks (CBT tankers only)
    • 20.Identity of tank(s) ballasted.
    • 21.Position of ship when water intended for flushing, or port ballast was taken to dedicated clean ballast tank(s).
    • 22.Position of ship when pump(s) and lines were flushed to slop tank.
    • 23.Quantity of the oily water which, after line flushing, is transferred to the slop tank(s) or cargo tank(s) in which slop is preliminarily stored (identify tank(s)). State total quantity, in m3.
    • 24.Position of ship when additional ballast water was taken to dedicated clean ballast tank(s).
    • 25.Time and position of ship when valves separating the dedicated clean ballast tanks from cargo and stripping lines were closed.
    • 26.Quantity of clean ballast taken on board, in m3.
  • (G) Cleaning of cargo tanks
    • 27.Identity of tank(s) cleaned.
    • 28.Port or ship’s position.
    • 29.Duration of cleaning.
    • 30.Method of cleaning.7
    • 31.Tank washings transferred to:
      • .1 reception facilities (state port and quantity, in m3)8; and
      • .2 sloptank(s) or cargo tank(s) designated as sloptank(s) (identify tank(s); state quantity transferred and total quantity, in m3).
  • (H) Discharge of dirty ballast
    • 32.Identity of tank(s).
    • 33.Time and position of ship at start of discharge into the sea.
    • 34.Time and position of ship on completion of discharge into the sea.
    • 35.Quantity discharged into the sea, in m3.
    • 36.Ship’s speed(s) during discharge.
    • 37.Was the discharge monitoring and control system in operation during the discharge?
    • 38.Was a regular check kept on the effluent and the surface of the water in the locality of the discharge?
    • 39.Quantity of oily water transferred to slop tank(s) (identify slop tank(s). State total quantity, in m3.
    • 40.Discharged to shore reception facilities (identify port and quantity involved, in m3).9
  • (I) Discharge of water from slop tanks into the sea
    • 41.dentity of slop tanks.
    • 42.Time of settling from last entry of residues, or
    • 43.Time of settling from last discharge.
    • 44.Time and position of ship at start of discharge.0
    • 45.Ullage of total contents at start of discharge.
    • 46.Ullage of oil/water interface at start of discharge.
    • 47.Bulk quantity discharged, in m3 and rate of discharge, in m3/hour.
    • 48.Final quantity discharged, in m3 and rate of discharge, in m3/hour.
    • 49.Time and position of ship on completion of discharge.
    • 50.Was the discharge monitoring and control system in operation during the discharge?
    • 51.Ullage of oil/ water interface on completion of discharge, in metres.
    • 52.Ship’s speed(s) during discharge.
    • 53.Was regular check kept on the effluent and the surface of water in the locality of the discharge?
    • 54.Confirm that all applicable valves in the ship’s piping system have been closed on completion of discharge from the slop tanks.
  • (J) Collection, transfer and disposal of residues and oily mixtures not otherwise dealt with
    • 55.Identity of tanks.
    • 56.Quantity transferred or disposed of from each tank. (State the quantity retained, in m3.)
    • 57.Method of transfer or disposal:
      • .1.disposal to reception facilities (identify port and quantity involved);
      • .2.mixed with cargo (state quantity);
      • .3.transferred to or from (an)other tank(s) including transfer from machinery space oil residue (sludge) and oily bilge water tanks (identify tank(s); state quantity transferred and total quantity in tank(s), in m3); and
      • .4.other method (state which); state quantity disposed of in m3.
  • (K) Discharge of clean ballast contained in cargo tanks
    • 58.Position of ship at start of clean ballast.
    • 59.Identity of tank(s) discharged.
    • 60.Was (were) the tank(s) empty on completion?
    • 61.Position of ship on completion if different from 58.
    • 62.Was a regular check kept on the effluent and the surface of the water in the locality of the discharge?
  • (L) Discharge of ballast from dedicated clean ballast tanks (CBT tankers only)
    • 63.Identity of tank(s) discharged.
    • 64.Time and position of ship at start of discharge of clean ballast into the sea.
    • 65.Time and position of ship on completion of discharge into the sea.
    • 66.Quantity discharged, in m3:
      • .1 into the sea; or
      • .2 to reception facility (identify port).10
    • 67.Was there any indication of oil contamination of the ballast water before or during discharge into the sea?
    • 68.Was the discharge monitored by an oil content meter?
    • 69.Time and position of ship when valves separating dedicated clean ballast tanks from the cargo and stripping lines were closed on completion of deballasting.
  • (M) Condition of oil discharge monitoring and control system
    • 70.Time of system failure.
    • 71.Time when system has been made operational.
    • 72.Reasons for failure.
  • (N) Accidental or other exceptional discharges of oil
    • 73.Time of occurrence.
    • 74.Port or ship’s position at time of occurrence.
    • 75.Approximate quantity, in m3, and type of oil.3, and type of oil.
    • 76.Circumstances of discharge or escape, the reasons therefore and general remarks.
  • (O) Additional operational procedures and general remarks
    TANKERS ENGAGED IN SPECIFIC TRADES
  • (P) Loading of ballast water
    • 77.Identity of tank(s) ballasted.
    • 78.Position of ship when ballasted.
    • 79.Total quantity of ballast loaded in cubic metres.
    • 80.Remarks.
  • (Q) Re-allocation of ballast water within the ship
    • 81.Reason for re-allocation.
  • (R) Ballast water discharge to reception facility
    • 82.Port(s) where ballast water was discharged.
    • 83.Name or designation of reception facility.
    • 84.Total quantity of ballast water discharged in cubic metres.
    • 85.Date, signature and stamp of port authority official.

Annex II REGULATIONS FOR THE CONTROL OF POLLUTION BY NOXIOUS LIQUID SUBSTANCES IN BULK

CHAPTER 1 GENERAL

Regulation 1 Definitions

For the purposes of this Annex:

  • 1. Anniversary date means the day and the month of each year which will correspond to the date of expiry of the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.
  • 2. Associated piping means the pipeline from the suction point in a cargo tank to the shore connection used for unloading the cargo and includes all ship’s piping, pumps and filters which are in open connection with the cargo unloading line.
  • 3. Ballast water
    Clean ballast means ballast water carried in a tank which, since it was last used to carry a cargo containing a substance in Category X, Y or Z, has been thoroughly cleaned and the residues resulting there from have been discharged and the tank emptied in accordance with the appropriate requirements of this Annex.
    Segregated ballast means ballast water introduced into a tank permanently allocated to the carriage of ballast or cargoes other than oil or Noxious Liquid Substances as variously defined in the Annexes of the present Convention, and which is completely separated from the cargo and oil fuel system.
  • 4. Chemical Codes
    Bulk Chemical Code means the Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC.20(22), as amended by the Organization, provided that such amendments are adopted and brought into force in accordance with the provisions of article 16 of the present Convention concerning amendment procedures applicable to an appendix to an Annex.
    International Bulk Chemical Code means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC.19(22), as amended by the Organization, provided that such amendments are adopted and brought into force in accordance with the provisions of article 16 of the present Convention concerning amendment procedures applicable to an appendix to an Annex.
  • 5. Depth of water means the charted depth.
  • 6. En route means that the ship is under way at sea on a course or courses, including deviation from the shortest direct route, which as far as practicable for navigational purposes, will cause any discharge to be spread over as great an area of the sea as is reasonable and practicable.
  • 7. Liquid substances are those having a vapour pressure not exceeding 0.28 MPa absolute at a temperature of 37.8°C.
  • 8. Manual means Procedures and Arrangements Manual in accordance with the model given in appendix 6 of this Annex.
  • 9. Nearest land. The term “from the nearest land” means from the baseline from which the territorial sea in question is established in accordance with international law, except that, for the purposes of the present Convention “from the nearest land” off the north-eastern coast of Australia shall mean from the line drawn from a point on the coast of Australia in:
    • latitude 11°00’ S, longitude 142°08 ’ E
    • to a point in latitude 10°35 ’ S, longitude 141°55 ’ E,
    • thence to a point latitude 10°00 ’ S, longitude 142°00 ’ E,
    • thence to a point latitude 9°10 ’ S, longitude 143°52 ’ E,
    • thence to a point latitude 9°00 ’ S, longitude 144°30 ’ E,
    • thence to a point latitude 10°41 ’ S, longitude 145°00 ’ E,
    • thence to a point latitude 13°00 ’ S, longitude 145°00 ’ E,
    • thence to a point latitude 15°00 ’ S, longitude 146°00 ’ E,
    • thence to a point latitude 17°30 ’ S, longitude 147°00 ’ E,
    • thence to a point latitude 21°00 ’ S, longitude 152°55 ’ E,
    • thence to a point latitude 24°30 ’ S, longitude 154°00 ’ E,
    • thence to a point on the coast of Australia
    • in latitude 24°42 ’ S, longitude 153°15 ’ E.
  • 10. Noxious Liquid Substance means any substance indicated in the Pollution Category column of chapter 17 or 18 of the International Bulk Chemical Code or provisionally assessed under the provisions of regulation 6.3 as falling into Category X, Y or Z.
  • 11. PPM means ml/m3.
  • 12. Residue means any noxious liquid substance which remains for disposal.
  • 13. Residue/water mixture means residue to which water has been added for any purpose (e.g. tank cleaning, ballasting, bilge slops).
  • 14. Ship construction
    • 14.1. Ship constructed means a ship the keel of which is laid or which is at a similar stage of construction. A ship converted to a chemical tanker, irrespective of the date of construction, shall be treated as a chemical tanker constructed on the date on which such conversion commenced. This conversion provision shall not apply to the modification of a ship, which complies with all of the following conditions:
      • .1 the ship is constructed before 1 July 1986; and
      • .2 the ship is certified under the Bulk Chemical Code to carry only those products identified by the Code as substances with pollution hazards only.
    • 14.2. Similar stage of construction means the stage at which:
      • .1 construction identifiable with a specific ship begins; and
      • .2 assembly of that ship has commenced comprising at least 50 tons or one per cent of the estimated mass of all structural material, whichever is less.
  • 15. Solidifying/non-solidifying
    • 15.1. Solidifying Substance means a noxious liquid substance which:
      • .1 in the case of a substance with a melting point of less than 15°C which is at a temperature of less than 5°C above its melting point at the time of unloading; or
      • .2 in the case of a substance with a melting point of equal to or greater than 15°C which is at a temperature of less than 10°C above its melting point at the time of unloading.
    • 15.2. Non-solidifying Substance means a noxious liquid substance, which is not a Solidifying Substance.
  • 16.Tanker
    • .1 Chemical tanker means a ship constructed or adapted for the carriage in bulk of any liquid product listed in chapter 17 of the International Bulk Chemical Code;
    • .2 NLS tanker means a ship constructed or adapted to carry a cargo of Noxious Liquid Substances in bulk and includes an “oil tanker” as defined in Annex I of the present Convention when certified to carry a cargo or part cargo of Noxious Liquid Substances in bulk.
  • 17. Viscosity
    • .1 High-Viscosity Substance means a noxious liquid substance in Category X or Y with a viscosity equal to or greater than 50 mPa.s at the unloading temperature.
    • .2 Low-Viscosity Substance means a noxious liquid substance, which is not a High-Viscosity Substance.
  • 18. Audit means a systematic, independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled.
  • 19. Audit Scheme means the IMO Member State Audit Scheme established by the Organization and taking into account the guidelines developed by the Organization.
  • 20. Code for Implementation means the IMO Instruments Implementation Code (III Code) adopted by the Organization by resolution A.1070(28).
  • 21. Audit Standard means the Code for Implementation.

Regulation 2 Application

  • 1.Unless expressly provided otherwise the provisions of this Annex shall apply to all ships certified to carry Noxious Liquid Substances in bulk.
  • 2.Where a cargo subject to the provisions of Annex I of the present Convention is carried in a cargo space of an NLS tanker, the appropriate requirements of Annex I of the present Convention shall also apply.

Regulation 3 Exceptions

  • 1.The discharge requirements of this Annex and chapter 2 of part II-A of the Polar Code shall not apply to the discharge into the sea of Noxious Liquid Substances or mixtures containing such substances when such a discharge:
    • .1 is necessary for the purpose of securing the safety of a ship or saving life at sea; or
    • .2 results from damage to a ship or its equipment:
      • .1 provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and
      • .2 except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or
    • .3 is approved by the Administration, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur.

Regulation 4 Exemptions

  • 1.With respect to amendments to carriage requirements due to the upgrading of the categorization of a substance, the following shall apply:
    • .1 where an amendment to this Annex and the International Bulk Chemical Code and Bulk Chemical Code involves changes to the structure or equipment and fittings due to the upgrading of the requirements for the carriage of certain substances, the Administration may modify or delay for a specified period the application of such an amendment to ships constructed before the date of entry into force of that amendment, if the immediate application of such an amendment is considered unreasonable or impracticable. Such relaxation shall be determined with respect to each substance;
    • .2 the Administration allowing a relaxation of the application of an amendment under this paragraph shall submit to the Organization a report giving details of the ship or ships concerned, the cargoes certified to carry, the trade in which each ship is engaged and the justification for the relaxation, for circulation to the Parties to the Convention for their information and appropriate action, if any and reflect the exemption on the Certificate as referred to in regulation 7 or 9 of this Annex;
    • .3 Notwithstanding the above, an Administration may exempt ships from the carriage requirements under regulation 11 for ships certified to carry individually identified vegetable oils identified by the relevant footnote in chapter 17 of the IBC Code, provided the ship complies with the following conditions:
      • .1 Subject to this regulation, the NLS tanker shall meet all requirements for ship type 3 as identified in the IBC Code except for cargo tank location;
      • .2 under this regulation, cargo tanks shall be located at the following distances inboard. The entire cargo tank length shall be protected by ballast tanks or spaces other than tanks that carry oil as follows:
        • .1 wing tanks or spaces shall be arranged such that cargo tanks are located inboard of the moulded line of the side shell plating nowhere less than 760 mm;
        • .2 double bottom tanks or spaces shall be arranged such that the distance between the bottom of the cargo tanks and the moulded line of the bottom shell plating measured at right angles to the bottom shell plating is not less than B/15 (m) or 2.0 m at the centreline, whichever is the lesser. The minimum distance shall be 1.0 metre; and
        • .3 the relevant certificate shall indicate the exemption granted.
  • 2.Subject to the provisions of paragraph 3 of this regulation, the provisions of regulation 12.1 need not apply to a ship constructed before 1 July 1986 which is engaged in restricted voyages as determined by the Administration between:
    • .1 ports or terminals within a State Party to the present Convention; or
    • .2 ports or terminals of States Parties to the present Convention.
  • 3.The provisions of paragraph 2 of this regulation shall only apply to a ship constructed before 1 July 1986 if:
    • .1 each time a tank containing Category X, Y or Z substances or mixtures is to be washed or ballasted, the tank is washed in accordance with a prewash procedure approved by the Administration in compliance with appendix 6 of this Annex, and the tank washings are discharged to a reception facility;
    • .2 subsequent washings or ballast water are discharged to a reception facility or at sea in accordance with other provisions of this Annex;
    • .3 the adequacy of the reception facilities at the ports or terminals referred to above, for the purpose of this paragraph, is approved by the Governments of the States Parties to the present Convention within which such ports or terminals are situated;
    • .4 in the case of ships engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention, the Administration communicates to the Organization, for circulation to the Parties to the Convention, particulars of the exemption, for their information and appropriate action, if any; and
    • .5 the certificate required under this Annex is endorsed to the effect that the ship is solely engaged in such restricted voyages.
  • 4.For a ship whose constructional and operational features are such that ballasting of cargo tanks is not required and cargo tank washing is only required for repair or dry-docking, the Administration may allow exemption from the provisions of regulation 12, provided that all of the following conditions are complied with:
    • .1 the design, construction and equipment of the ship are approved by the Administration, having regard to the service for which it is intended;
    • .2 any effluent from tank washings which may be carried out before a repair or dry-docking is discharged to a reception facility, the adequacy of which is ascertained by the Administration;
    • .3 the certificate required under this Annex indicates:
      • .1 that each cargo tank is certified for the carriage of a restricted number of substances which are comparable and can be carried alternately in the same tank without intermediate cleaning; and
      • .2 the particulars of the exemption;
    • .4 the ship carries a Manual approved by the Administration; and
    • .5 in the case of ships engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention, the Administration communicates to the Organization, for circulation to the Parties to the Convention, particulars of the exemption, for their information and appropriate action, if any.

Regulation 5 Equivalents

  • 1.The Administration may allow any fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by this Annex if such fitting, material, appliance or apparatus is at least as effective as that required by this Annex. This authority of the Administration shall not extend to the substitution of operational methods to effect the control of discharge of Noxious Liquid Substances as equivalent to those design and construction features which are prescribed by regulations in this Annex.
  • 2.The Administration, which allows a fitting, material, appliance or apparatus as alternative to that required by this Annex, under paragraph 1 of this regulation, shall communicate to the Organization for circulation to the Parties to the Convention, particulars thereof, for their information and appropriate action, if any.
  • 3.Notwithstanding the provisions of paragraphs 1 and 2 of this regulation, the construction and equipment of liquefied gas carriers certified to carry Noxious Liquid Substances listed in the applicable Gas Carrier Code, shall be deemed to be equivalent to the construction and equipment requirements contained in regulations 11 and 12 of this Annex, provided that the gas carrier meets all following conditions:
    • .1 hold a Certificate of Fitness in accordance with the appropriate Gas Carrier Code for ships certified to carry liquefied gases in bulk;
    • .2 hold an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk, in which it is certified that the gas carrier may carry only those Noxious Liquid Substances identified and listed in the appropriate Gas Carrier Code;
    • .3 be provided with segregated ballast arrangements;
    • .4 be provided with pumping and piping arrangements, which, to the satisfaction of the Administration, ensure that the quantity of cargo residue remaining in the tank and its associated piping after unloading does not exceed the applicable quantity of residue as required by regulation 12.1, 12.2 or 12.3; and
    • .5 be provided with a Manual, approved by the Administration, ensuring that no operational mixing of cargo residues and water will occur and that no cargo residues will remain in the tank after applying the ventilation procedures prescribed in the Manual.

CHAPTER 2 CATEGORIZATION OF NOXIOUS LIQUID SUBSTANCES

Regulation 6 Categorization and listing of Noxious Liquid Substances and other substances

  • 1.For the purpose of the regulations of this Annex, Noxious Liquid Substances shall be divided into four categories as follows:
    • .1 Category X: Noxious Liquid Substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a major hazard to either marine resources or human health and, therefore, justify the prohibition of the discharge into the marine environment;
    • .2 Category Y: Noxious Liquid Substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a hazard to either marine resources or human health or cause harm to amenities or other legitimate uses of the sea and therefore justify a limitation on the quality and quantity of the discharge into the marine environment;
    • .3 Category Z: Noxious Liquid Substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a minor hazard to either marine resources or human health and therefore justify less stringent restrictions on the quality and quantity of the discharge into the marine environment;
    • .4 Other Substances: substances indicated as OS (Other Substances) in the pollution category column of chapter 18 of the International Bulk Chemical Code which have been evaluated and found to fall outside Category X, Y or Z as defined in regulation 6.1 of this Annex because they are, at present, considered to present no harm to marine resources, human health, amenities or other legitimate uses of the sea when discharged into the sea from tank cleaning of deballasting operations. The discharge of bilge or ballast water or other residues or mixtures containing only substances referred to as “Other Substances” shall not be subject to any requirements of the Annex.
  • 2.Guidelines for use in the categorization of Noxious Liquid Substances are given in appendix 1 to this Annex.
  • 3.Where it is proposed to carry a liquid substance in bulk which has not been categorized under paragraph 1 of this regulation, the Governments of Parties to the Convention involved in the proposed operation shall establish and agree on a provisional assessment for the proposed operation on the basis of the guidelines referred to in paragraph 2 of this regulation. Until full agreement among the Governments involved has been reached, the substance shall not be carried. As soon as possible, but not later than 30 days after the agreement has been reached, the Government of the producing or shipping country, initiating the agreement concerned, shall notify the Organization and provide details of the substance and the provisional assessment for annual circulation to all Parties for their information. The Organization shall maintain a register of all such substances and their provisional assessment until such time as the substances are formally included in the IBC Code.

CHAPTER 3 SURVEYS AND CERTIFICATION

Regulation 7 Survey and certification of chemical tankers

Notwithstanding the provisions of regulations 8, 9, and 10 of this Annex, chemical tankers which have been surveyed and certified by States Parties to the present Convention in accordance with the provisions of the International Bulk Chemical Code or the Bulk Chemical Code, as applicable, shall be deemed to have complied with the provisions of the said regulations, and the certificate issued under that Code shall have the same force and receive the same recognition as the certificate issued under regulation 9 of this Annex.

Regulation 8 Surveys

  • 1.Ships carrying Noxious Liquid Substances in bulk shall be subject to the surveys specified below: 1
    • .1 An initial survey before the ship is put in service or before the Certificate required under regulation 9 of this Annex is issued for the first time, and which shall include a complete survey of its structure, equipment, systems, fittings, arrangements and material in so far as the ship is covered by this Annex. This survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of this Annex.
    • .2 A renewal survey at intervals specified by the Administration, but not exceeding 5 years, except where regulation 10.2, 10.5, 10.6, 10.7 of this Annex is applicable. The renewal survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with applicable requirements of this Annex.
    • .3 An intermediate survey within 3 months before or after the second anniversary date or within 3 months before or after the third anniversary date of the Certificate which shall take the place of one of the annual surveys specified in paragraph 1.4 of this regulation. The intermediate survey shall be such as to ensure that the equipment and associated pump and piping systems fully comply with the applicable requirements of this Annex and are in good working order. Such intermediate surveys shall be endorsed on the Certificate issued under regulation 9 of this Annex.
    • .4 An annual survey within 3 months before or after each anniversary date of the Certificate including a general inspection of the structure, equipment, systems, fittings, arrangements and material referred to in paragraph 1.1 of this regulation to ensure that they have been maintained in accordance with paragraph 3 of this regulation and that they remain satisfactory for the service for which the ship is intended. Such annual surveys shall be endorsed on the Certificate issued under regulation 9 of this Annex.
    • .5 An additional survey either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in paragraph 3 of this regulation, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory and that the ship complies in all respects with the requirements of this Annex.
  • 2.1Surveys of ships, as regards the enforcement of the provisions of this Annex, shall be carried out by officers of the Administration. The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it.
  • 2.2Such organizations, including classification societies, shall be authorized by the Administration in accordance with the provisions of the present Convention and with the Code for Recognized Organizations (RO Code), consisting of part 1 and part 2 (the provisions of which shall be treated as mandatory) and part 3 (the provisions of which shall be treated as recommendatory), as adopted by the Organization by resolution [MEPC.237(65)], as may be amended by the Organization, provided that:
    • .1amendments to part 1 and part 2 of the RO Code are adopted, brought into force and take effect in accordance with the provisions of article 16 of the present Convention concerning the amendment procedures applicable to this annex;
    • .2amendments to part 3 of the RO Code are adopted by the Marine Environment Protection Committee in accordance with its Rules of Procedure; and
    • .3any amendments referred to in .1 and .2 adopted by the Maritime Safety Committee and the Marine Environment Protection Committee are identical and come into force or take effect at the same time, as appropriate.
  • 2.3An Administration nominating surveyors or recognizing organizations to conduct surveys as set forth in paragraph 2.1 of this regulation shall, as a minimum, empower any nominated surveyor or recognized organization to:
    • .1 require repairs to a ship; and
    • .2 carry out surveys if requested by the appropriate authorities of a port State.
  • 2.4The Administration shall notify the Organization of the specific responsibilities and conditions of the authority delegated to the nominated surveyors or recognized organizations, for circulation to Parties to the present Convention for the information of their officers.
  • 2.5When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the Certificate, or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, such surveyor or organization shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the Certificate should be withdrawn and the Administration shall be notified immediately, and if the ship is in a port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or a recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation. When applicable, the Government of the port State concerned shall take such steps as will ensure that the ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the nearest appropriate repair yard available without presenting an unreasonable threat of harm to the marine environment.
  • 2.6In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the survey and shall undertake to ensure the necessary arrangements to satisfy this obligation.
  • 3.1The condition of the ship and its equipment shall be maintained to conform with the provisions of the present Convention to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.
  • 3.2After any survey of the ship required under paragraph 1 of this regulation has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the sanction of the Administration, except the direct replacement of such equipment and fittings.
  • 3.3Whenever an accident occurs to a ship or a defect is discovered which substantially affects the integrity of the ship or the efficiency or completeness of its equipment covered by this Annex, the master or owner of the ship shall report at the earliest opportunity to the Administration, the recognized organization or the nominated surveyor responsible for issuing the relevant Certificate, who shall cause investigations to be initiated to determine whether a survey as required by paragraph 1 of this regulation is necessary. If the ship is in a port of another Party, the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognized organization shall ascertain that such report has been made.

Regulation 9 Issue or endorsement of Certificate

  • 1.An International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be issued, after an initial or renewal survey in accordance with the provisions of regulation 8 of this Annex, to any ship intended to carry Noxious Liquid Substances in bulk and which is engaged in voyages to ports or terminals under the jurisdiction of other Parties to the Convention.
  • 2.Such Certificate shall be issued or endorsed either by the Administration or by any person or organization duly authorized by it. In every case, the Administration assumes full responsibility for the Certificate.
  • 3.1 The Government of a Party to the Convention may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the provisions of this Annex are complied with, shall issue or authorize the issue of an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk to the ship and, where appropriate, endorse or authorize the endorsement of that Certificate on the ship, in accordance with this Annex.
  • 3.2A copy of the Certificate and a copy of the survey report shall be transmitted as soon as possible to the requesting Administration.
  • 3.3 A Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as the Certificate issued under paragraph 1 of this regulation.
  • 3.4 No International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be issued to a ship, which is entitled to fly the flag of a State which is not a party.
  • 4.The International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be drawn up in the form corresponding to the model given in appendix 3 to this Annex and shall be at least in English, French or Spanish. Where entries in an official national language of the State whose flag the ship is entitled to fly are also used, this shall prevail in the case of a dispute or discrepancy.

Regulation 10 Duration and validity of Certificate

  • 1.An International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be issued for a period specified by the Administration which shall not exceed 5 years.
  • 2.1 Notwithstanding the requirements of paragraph 1 of this regulation, when the renewal survey is completed within 3 months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing Certificate.
  • 2.2 When the renewal survey is completed after the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing Certificate.
  • 2.3 When the renewal survey is completed more than 3 months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey.
  • 3.If a Certificate is issued for a period of less than 5 years, the Administration may extend the validity of the Certificate beyond the expiry date to the maximum period specified in paragraph 1 of this regulation, provided that the surveys referred to in regulation 8.1.3 and 8.1.4 of this Annex applicable when a Certificate is issued for a period of 5 years are carried out as appropriate.
  • 4.If a renewal survey has been completed and a new Certificate cannot be issued or placed on board the ship before the expiry date of the existing Certificate, the person or organization authorized by the Administration may endorse the existing Certificate and such a Certificate shall be accepted as valid for a further period which shall not exceed 5 months from the expiry date.
  • 5.If a ship at the time when a Certificate expires is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the Certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No Certificates shall be extended for a period longer than 3 months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new Certificate. When the renewal survey is completed, the new Certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing Certificate before the extension was granted.
  • 6.A Certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new Certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing Certificate before the extension was granted.
  • 7.In special circumstances, as determined by the Administration, a new Certificate need not be dated from the date of expiry of the existing Certificate as required by paragraph 2.2, 5 or 6 of this regulation. In these special circumstances, the new Certificate shall be valid to a date not exceeding 5 years from the date of completion of the renewal survey.
  • 8.If an annual or intermediate survey is completed before the period specified in regulation 8 of this Annex, then:
    • .1 the anniversary date shown on the Certificate shall be amended by endorsement to a date which shall not be more than 3 months later than the date on which the survey was completed;
    • .2 the subsequent annual or intermediate survey required by regulation 8 of this Annex shall be completed at the intervals prescribed by that regulation using the new anniversary date;
    • .3 the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by regulation 8 of this Annex are not exceeded.
  • 9.A Certificate issued under regulation 9 of this Annex shall cease to be valid in any of the following cases:
    • .1 if the relevant surveys are not completed within the periods specified under regulation 8.1 of this Annex;
    • .2 if the Certificate is not endorsed in accordance with regulation 8.1.3 or 8.1.4 of this Annex;
    • .3 upon transfer of the ship to the flag of another State. A new Certificate shall only be issued when the Government issuing the new Certificate is fully satisfied that the ship is in compliance with the requirements of regulation 8.3.1 and 8.3.2 of this Annex. In the case of a transfer between Parties, if requested within 3 months after the transfer has taken place, the Government of the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the Certificate carried by the ship before the transfer and, if available, copies of the relevant survey reports.

CHAPTER 4 DESIGN, CONSTRUCTION, ARRANGEMENT AND EQUIPMENT

Regulation 11 Design, construction, equipment and operations

  • 1.The design, construction, equipment and operation of ships certified to carry Noxious Liquid Substances in bulk identified in chapter 17 of the International Bulk Chemical Code, shall be in compliance with the following provisions to minimize the uncontrolled discharge into the sea of such substances:
    • .1 the International Bulk Chemical Code when the chemical tanker is constructed on or after 1 July 1986; or
    • .2 the Bulk Chemical Code as referred to in paragraph 1.7.2 of that Code for:
      • .1 ships for which the building contract is placed on or after 2 November 1973 but constructed before 1 July 1986, and which are engaged on voyages to ports or terminals under the jurisdiction of other States Parties to the Convention; and
      • .2 ships constructed on or after 1 July 1983 but before 1 July 1986, which are engaged solely on voyages between ports or terminals within the State the flag of which the ship is entitled to fly.
    • .3 The Bulk Chemical Code as referred to in paragraph 1.7.3 of that Code for:
      • .1 ships for which the building contract is placed before 2 November 1973 and which are engaged on voyages to ports or terminals under the jurisdiction of other States Parties to the Convention; and
      • .2 ships constructed before 1 July 1983, which are solely engaged on, voyages between ports or terminals within the State the flag of which the ship is entitled to fly.
  • 2.In respect of ships other than chemical tankers or liquefied gas carriers certified to carry Noxious Liquid Substances in bulk identified in chapter 17 of the International Bulk Chemical Code, the Administration shall establish appropriate measures based on the Guidelines developed by the Organization in order to ensure that the provisions shall be such as to minimize the uncontrolled discharge into the sea of such substances.

Regulation 12 Pumping, piping, unloading arrangements and slop tanks

  • 1.Every ship constructed before 1 July 1986 shall be provided with a pumping and piping arrangement to ensure that each tank certified for the carriage of substances in Category X or Y does not retain a quantity of residue in excess of 300 litres in the tank and its associated piping and that each tank certified for the carriage of substances in Category Z does not retain a quantity of residue in excess of 900 litres in the tank and its associated piping. A performance test shall be carried out in accordance with appendix 5 of this Annex.
  • 2.Every ship constructed on or after 1 July 1986 but before 1 January 2007 shall be provided with a pumping and piping arrangement to ensure that each tank certified for the carriage of substances in Category X or Y does not retain a quantity of residue in excess of 100 litres in the tank and its associated piping and that each tank certified for the carriage of substances in Category Z does not retain a quantity of residue in excess of 300 litres in the tank and its associated piping. A performance test shall be carried out in accordance with appendix 5 of this Annex.
  • 3.Every ship constructed on or after 1 January 2007 shall be provided with a pumping and piping arrangement to ensure that each tank certified for the carriage of substances in Category X, Y or Z does not retain a quantity of residue in excess of 75 litres in the tank and its associated piping. A performance test shall be carried out in accordance with appendix 5 of this Annex.
  • 4.For a ship other than a chemical tanker constructed before 1 January 2007 which cannot meet the requirements for the pumping and piping arrangements for substances in Category Z referred to in paragraphs 1 and 2 of this regulation no quantity requirement shall apply. Compliance is deemed to be reached if the tank is emptied to the most practicable extent.
  • 5.Pumping performance tests referred to in paragraphs 1, 2 and 3 of this regulation shall be approved by the Administration. Pumping performance tests shall use water as the test medium.
  • 6.Ships certified to carry substances of Category X, Y or Z shall have an underwater discharge outlet (or outlets).
  • 7.For ships constructed before 1 January 2007 and certified to carry substances in Category Z an underwater discharge outlet as required under paragraph 6 of this regulation is not mandatory.
  • 8.The underwater discharge outlet (or outlets) shall be located within the cargo area in the vicinity of the turn of the bilge and shall be so arranged as to avoid the re-intake of residue/water mixtures by the ship’s seawater intakes.
  • 9.The underwater discharge outlet arrangement shall be such that the residue/water mixture discharged into the sea will not pass through the ship’s boundary layer. To this end, when the discharge is made normal to the ship’s shell plating, the minimum diameter of the discharge outlet is governed by the following equation:

    where:
    d = minimum diameter of the discharge outlet (m)
    Ld = distance from the forward perpendicular to the discharge outlet (m)
    Qd = the maximum rate selected at which the ship may discharge a residue/water mixture through the outlet (m3/h).
  • 10.When the discharge is directed at an angle to the ship’s shell plating, the above relationship shall be modified by substituting for Qd the component of Qd which is normal to the ship’s shell plating.
  • 11.Slop tanks
    Although this Annex does not require the fitting of dedicated slop tanks, slop tanks may be needed for certain washing procedures. Cargo tanks may be used as slop tanks.

CHAPTER 5 OPERATIONAL DISCHARGES OF RESIDUES OF NOXIOUS LIQUID SUBSTANCES

Regulation 13 Control of discharges of residues of Noxious Liquid Substances

Subject to the provisions of regulation 3 of this Annex the control of discharges of residues of Noxious Liquid Substances or ballast water, tank washings or other mixtures containing such substances shall be in compliance with the following requirements.

1 Discharge provisions

  • 1.1The discharge into the sea of residues of substances assigned to Category X, Y or Z or of those provisionally assessed as such or ballast water, tank washings or other mixtures containing such substances shall be prohibited unless such discharges are made in full compliance with the applicable operational requirements contained in this Annex.
  • 1.2Before any prewash or discharge procedure is carried out in accordance with this regulation, the relevant tank shall be emptied to the maximum extent in accordance with the procedures prescribed in the Manual.
  • 1.3The carriage of substances which have not been categorized, provisionally assessed or evaluated as referred to in regulation 6 of this Annex or of ballast water, tank washings or other mixtures containing such residues shall be prohibited along with any consequential discharge of such substances into the sea.

2 Discharge standards

  • 2.1Where the provisions in this regulation allow the discharge into the sea of residues of substances in Category X, Y or Z or of those provisionally assessed as such or ballast water, tank washings or other mixtures containing such substances the following discharge standards shall apply:
    • .1 the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled;
    • .2 the discharge is made below the waterline through the underwater discharge outlet(s) not exceeding the maximum rate for which the underwater discharge outlet(s) is (are) designed; and
    • .3 the discharge is made at a distance of not less than 12 nautical miles from the nearest land in a depth of water of not less than 25 metres.
  • 2.2For ships constructed before 1 January 2007 the discharge into the sea of residues of substances in Category Z or of those provisionally assessed as such or ballast water, tank washings or other mixtures containing such substances below the waterline is not mandatory.
  • 2.3The Administration may waive the requirements of paragraph 2.1.3 for substances in Category Z, regarding the distance of not less than 12 nautical miles from the nearest land for ships solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State the flag, of which, the ship is entitled to fly. In addition, the Administration may waive the same requirement regarding the discharge distance of not less than 12 nautical miles from the nearest land for a particular ship entitled to fly the flag of their State, when engaged in voyages within waters subject to the sovereignty or jurisdiction of one adjacent state after the establishment of an agreement, in writing, of a waiver between the two coastal States involved provided that no third party will be affected. Information on such agreement shall be communicated to the Organization within 30 days for further circulation to the Parties to the Convention for their information and appropriate action if any.

3 Ventilation of cargo residues

Ventilation procedures approved by the Administration may be used to remove cargo residues from a tank. Such procedures shall be in accordance with appendix 7 of this Annex. Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to the discharge requirements in this Annex.

4 Exemption for a prewash

On request of the ship’s master an exemption for a prewash may be granted by the Government of the receiving Party, where it is satisfied that:

  • .1 the unloaded tank is to be reloaded with the same substance or another substance compatible with the previous one and that the tank will not be washed or ballasted prior to loading; or
  • .2 the unloaded tank is neither washed nor ballasted at sea. The prewash in accordance with the applicable paragraph of this regulation shall be carried out at another port provided that it has been confirmed in writing that a reception facility at that port is available and is adequate for such a purpose; or
  • .3 the cargo residues will be removed by a ventilation procedure approved by the Administration in accordance with appendix 7 of this Annex.

5 The use of cleaning agents or additives

  • 5.1When a washing medium other than water, such as mineral oil or chlorinated solvent, is used instead of water to wash a tank, its discharge shall be governed by the provisions of either Annex I or Annex II, which would apply to the medium had it been carried as cargo. Tank washing procedures involving the use of such a medium shall be set out in the Manual and be approved by the Administration.
  • 5,2When small amounts of cleaning additives (detergent products) are added to water in order to facilitate tank washing, no additives containing Pollution Category X components shall be used except those components that are readily biodegradable and present in a total concentration of less than 10% of the cleaning additive. No restrictions additional to those applicable to the tank due to the previous cargo shall apply.

6 Discharge of residues of Category X

  • 6.1Subject to the provision of paragraph 1, the following provisions shall apply:
    • .1 A tank from which a substance in Category X has been unloaded, shall be prewashed before the ship leaves the port of unloading. The resulting residues shall be discharged to a reception facility until the concentration of the substance in the effluent to such facility, as indicated by analyses of samples of the effluent taken by the surveyor, is at or below 0.1% by weight. When the required concentration level has been achieved, remaining tank washings shall continue to be discharged to the reception facility until the tank is empty. Appropriate entries of these operations shall be made in the Cargo Record Book and endorsed by the surveyor referred to in regulation 16.1.
    • .2 Any water subsequently introduced into the tank may be discharged into the sea in accordance with the discharge standards in regulation 13.2.
    • .3 Where the Government of the receiving party is satisfied that it is impracticable to measure the concentration of the substance in the effluent without causing undue delay to the ship, that Party may accept an alternative procedure as being equivalent to obtain the required concentration in regulation 13.6.1.1 provided that:
      • .1 the tank is prewashed in accordance with a procedure approved by the Administration in compliance with appendix 6 of this Annex; and
      • .2 appropriate entries shall be made in the Cargo Record Book and endorsed by the surveyor referred to in regulation 16.1.

7 Discharge of residues of Category Y and Z

  • 7.1Subject to the provision of paragraph 1, the following provisions shall apply:
    • .1 With respect to the residue discharge procedures for substances in Category Y or Z the discharge standards in regulation 13.2 shall apply.
    • .2 If the unloading of a substance of Category Y or Z is not carried out in accordance with the Manual, a prewash shall be carried out before the ship leaves the port of unloading, unless alternative measures are taken to the satisfaction of the surveyor referred to in regulation 16. 1 of this Annex to remove the cargo residues from the ship to quantities specified in this Annex. The resulting tank washings of the prewash shall be discharged to a reception facility at the port of unloading or another port with a suitable reception facility provided that it has been confirmed in writing that a reception facility at that port is available and is adequate for such a purpose.
    • .3 For High-Viscosity or Solidifying Substances in Category Y the following shall apply:
      • .1 a prewash procedure as specified in appendix 6 shall be applied;
      • .2 the residue/water mixture generated during the prewash shall be discharged to a reception facility until the tank is empty; and
      • .3 any water subsequently introduced into the tank may be discharged into the sea in accordance with the discharge standards in regulation 13.2.
  • 7.2Operational requirements for ballasting and deballasting
    • 7.2.1 After unloading, and, if required, after a prewash, a cargo tank may be ballasted. Procedures for the discharge of such ballast are set out in regulation 13.2.
    • 7.2.2 Ballast introduced into a cargo tank which has been washed to such an extent that the ballast contains less than 1 ppm of the substance previously carried, may be discharged into the sea without regard to the discharge rate, ship’s speed and discharge outlet location, provided that the ship is not less than 12 miles from the nearest land and in water that is not less than 25 metres deep. The required degree of cleanliness has been achieved when a prewash as specified in appendix 6 has been carried out and the tank has been subsequently washed with a complete cycle of the cleaning machine for ships built before 1 July 1994 or with a water quantity not less than that calculated with k=1.0.
    • 7.2.3 The discharge into the sea of clean or segregated ballast shall not be subject to the requirements of this Annex.

8 Discharges in the Antarctic Area

  • 8.1 Antarctic Area means the sea area south of latitude 60°S.
  • 8.2 In the Antarctic area any discharge into the sea of Noxious Liquid Substances or mixtures containing such substances is prohibited.

Regulation 14 Procedures and Arrangements Manual

  • 1.Every ship certified to carry substances of Category X, Y or Z shall have on board a Manual approved by the Administration. The Manual shall have a standard format in compliance with appendix 4 to this Annex. In the case of a ship engaged in international voyages on which the language used is not English, French or Spanish, the text shall include a translation into one of these languages.
  • 2.The main purpose of the Manual is to identify for the ship’s officers the physical arrangements and all the operational procedures with respect to cargo handling, tank cleaning, slops handling and cargo tank ballasting and deballasting which must be followed in order to comply with the requirements of this Annex.

Regulation 15 Cargo record book

  • 1.Every ship to which this Annex applies shall be provided with a Cargo Record Book, whether as part of the ship’s official logbook or otherwise, in the form specified in appendix 2 to this Annex.
  • 2.After completion of any operation specified in appendix 2 to this Annex, the operation shall be promptly recorded in the Cargo Record Book.
  • 3.In the event of an accidental discharge of a noxious liquid substance or a mixture containing such a substance or a discharge under the provisions of regulation 3 of this Annex, an entry shall be made in the Cargo Record Book stating the circumstances of, and the reason for, the discharge.
  • 4.Each entry shall be signed by the officer or officers in charge of the operation concerned and each page shall be signed by the master of the ship. The entries in the Cargo Record Book, for ships holding an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk or a certificate referred to in regulation 7 of this Annex shall be at least in English, French or Spanish. Where entries in an official national language of the State whose flag the ship is entitled to fly are also used, this shall prevail in case of a dispute or discrepancy.
  • 5.The Cargo Record Book shall be kept in such a place as to be readily available for inspection and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be retained for a period of three years after the last entry has been made.
  • 6.The competent authority of the Government of a Party may inspect the Cargo Record Book on board any ship to which this Annex applies while the ship is in its port, and may make a copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the master of the ship as a true copy of an entry in the ship’s Cargo Record Book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of a Cargo Record Book and the taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.

CHAPTER 6 MEASURES OF CONTROL BY PORT STATES

Regulation 16 Measures of control

  • 1.The Government of each Party to the Convention shall appoint or authorize surveyors for the purpose of implementing this regulation. The surveyors shall execute control in accordance with control procedures developed by the Organization.
  • 2.When a surveyor appointed or authorized by the Government of the Party to the Convention has verified that an operation has been carried out in accordance with the requirements of the Manual, or has granted an exemption for a prewash, then that surveyor shall make an appropriate entry in the Cargo Record Book.
  • 3.The master of a ship certified to carry Noxious Liquid Substances in bulk shall ensure that the provisions of regulation 13 and of this regulation, and chapter 2 of part II-A of the Polar Code when the ship is operating in Arctic waters, have been complied with and that the Cargo Record Book is completed in accordance with regulation 15 whenever operations as referred to in that regulation take place.
  • 4.A tank which has carried a Category X substance shall be prewashed in accordance with regulation 13.6. The appropriate entries of these operations shall be made in the Cargo Record Book and endorsed by the surveyor referred to under paragraph 1 of this regulation.
  • 5.Where the Government of the receiving party is satisfied that it is impracticable to measure the concentration of the substance in the effluent without causing undue delay to the ship, that Party may accept the alternative procedure referred to in regulation 13.6.3 provided that the surveyor referred to under paragraph 1 of this regulation certifies in the Cargo Record Book that:
    • .1 the tank, its pump and piping systems have been emptied; and
    • .2 the prewash has been carried out in accordance with the provisions of appendix 6 of this Annex; and
    • .3 the tank washing resulting from such prewash have been discharged to a reception facility and the tank is empty.
  • 6.At the request of the ship’s master, the Government of the receiving Party may exempt the ship from the requirements for a prewash referred to in the applicable paragraphs of regulation 13, when one of the conditions of regulation 13.4 is met.
  • 7.An exemption referred to in paragraph 6 of this regulation may only be granted by the Government of the receiving Party to a ship engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention. When such an exemption has been granted, the appropriate entry made in the Cargo Record Book shall be endorsed by the surveyor referred to in paragraph 1 of this regulation.
  • 8.If the unloading is not carried out in accordance with the pumping conditions for the tank approved by the Administrations and based on appendix 5 of this Annex, alternative measures may be taken to the satisfaction of the surveyor referred to in paragraph 1 of this regulation to remove the cargo residues from the ship to quantities specified in regulation 12 as applicable. The appropriate entries shall be made in the Cargo Record Book.
  • 9 Port State control on operational requirements
    • 9.1A ship when in a port of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, 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 Noxious Liquid Substances.
    • 9.2In the circumstances given in paragraph 9.1 of this regulation, the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.
    • 9.3Procedures relating to the port State control prescribed in article 5 of the present Convention shall apply to this regulation.
    • 9.4Nothing in this regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.

CHAPTER 7 PREVENTION OF POLLUTION ARISING FROM AN INCIDENT INVOLVING NOXIOUS LIQUID SUBSTANCES

Regulation 17 Shipboard marine pollution emergency plan for Noxious Liquid Substances

  • 1.Every ship of 150 gross tonnage and above certified to carry Noxious Liquid Substances in bulk shall carry on board a shipboard marine pollution emergency plan for Noxious Liquid Substances approved by the Administration.
  • 2.Such a plan shall be based on the Guidelines developed by the Organization and written in a working language or languages understood by the master and officers. The plan shall consist at least of:
    • .1 the procedure to be followed by the master or other persons having charge of the ship to report a Noxious Liquid Substances pollution incident, as required in article 8 and Protocol I of the present Convention, based on the Guidelines developed by the Organization;
    • .2 the list of authorities or persons to be contacted in the event of a Noxious Liquid Substances pollution incident;
    • .3 a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of Noxious Liquid Substances following the incident; and
    • .4 the procedures and point of contact on the ship for co-ordinating shipboard action with national and local authorities in combating the pollution.
  • 3.In the case of ships to which regulation 37 of Annex I of the Convention also applies, such a plan may be combined with the shipboard oil pollution emergency plan required under regulation 37 of Annex I of the Convention. In this case, the title of such a plan shall be “Shipboard marine pollution emergency plan”.

CHAPTER 8 RECEPTION FACILITIES

Regulation 18 Reception facilities and cargo unloading terminal arrangements

  • 1.The Government of each Party to the Convention undertakes to ensure the provision of reception facilities according to the needs of ships using its ports, terminals or repair ports as follows:
    • .1 ports and terminals involved in ships’ cargo handling shall have adequate facilities for the reception of residues and mixtures containing such residues of Noxious Liquid Substances resulting from compliance with this Annex, without undue delay for the ships involved.
    • .2 ship repair ports undertaking repairs to NLS tankers shall provide facilities adequate for the reception of residues and mixtures containing Noxious Liquid Substances for ships calling at that port.
  • 2.The Government of each Party shall determine the types of facilities provided for the purpose of paragraph 1 of this regulation at each cargo loading and unloading port, terminal and ship repair port in its territories and notify the Organization thereof.
  • 2bis.Small Island Developing States may satisfy the requirements in paragraphs 1, 2 and 4 of this regulation through regional arrangements when, because of those States’ unique circumstances, such arrangements are the only practical means to satisfy these requirements. Parties participating in a regional arrangement shall develop a Regional Reception Facilities Plan, taking into account the guidelines developed by the Organization.
    The Government of each Party participating in the arrangement shall consult with the Organization for circulation to the Parties of the present Convention:
    • .1.how the Regional Reception Facilities Plan takes into account the Guidelines;
    • .2.particulars of the identified Regional Ships Waste Reception Centres; and
    • .3.particulars of those ports with only limited facilities.
  • 2ter.Where regulation 13 of this annex requires a prewash and the Regional Reception Facility Plan is applicable to the port of unloading, the prewash and subsequent discharge to a reception facility shall be carried out as prescribed in regulation 13 of this annex or at a Regional Ship Waste Reception Centre specified in the applicable Regional Reception Facility Plan.
  • 3.The Governments of Parties to the Convention, the coastlines of which border on any given special area, shall collectively agree and establish a date by which time the requirement of paragraph 1 of this regulation will be fulfilled and from which the requirements of the applicable paragraphs of regulation 13 in respect of that area shall take effect and notify the Organization of the date so established at least six months in advance of that date. The Organization shall then promptly notify all Parties of that date.
  • 4.The Government of each Party to the Convention shall undertake to ensure that cargo unloading terminals shall provide arrangements to facilitate stripping of cargo tanks of ships unloading Noxious Liquid Substances at these terminals. Cargo hoses and piping systems of the terminal, containing Noxious Liquid Substances received from ships unloading these substances at the terminal, shall not be drained back to the ship.
  • 5.Each Party shall notify the Organization, for transmission to the Parties concerned, of any case where facilities required under paragraph 1 or arrangements required under paragraph 3 of this regulation are alleged to be inadequate.

CHAPTER 9 VERIFICATION OF COMPLIANCE WITH THE PROVISIONS OF THIS CONVENTION

Regulation 19 Application

Parties shall use the provisions of the Code for Implementation in the execution of their obligations and responsibilities contained in this Annex.

Regulation 20 Verification of compliance

  • 1. Every Party shall be subject to periodic audits by the Organization in accordance with the audit standard to verify compliance with and implementation of this Annex.
  • 2. The Secretary-General of the Organization shall have responsibility for administering the Audit Scheme, based on the guidelines developed by the Organization.
  • 3. Every Party shall have responsibility for facilitating the conduct of the audit and implementation of a programme of actions to address the findings, based on the guidelines adopted by the Organization.
  • 4. Audit of all Parties shall be:
    • .1.based on an overall schedule developed by the Secretary-General of the Organization, taking into account the guidelines developed by the Organization; and
    • .2.conducted at periodic intervals, taking into account the guidelines developed by the Organization.

CHAPTER 10 INTERNATIONAL CODE FOR INTERNATIONAL CODE FOR SHIPS OPERATING IN POLAR WATERS

Regulation 21 Definitions

For the purpose of this Annex,

  • 1. Polar Code means the International Code for Ships Operating in Polar Waters, consisting of an introduction, part I-A and part II-A and parts I-B and II-B, as adopted by resolutions MSC.385(94) and MEPC.264(68), as may be amended, provided that:
    • .1amendments to the environment-related provisions of the introduction and chapter 2 of part II-A of the Polar Code are adopted, brought into force and take effect in accordance with the provisions of article 16 of the present Convention concerning the amendment procedures applicable to an appendix to an annex; and
    • .2amendments to part II-B of the Polar Code are adopted by the Marine Environment Protection Committee in accordance with its Rules of Procedure.
  • 2. Arctic waters means those waters which are located north of a line from the latitude 58°00'.0 N and longitude 042°00'.0 W to latitude 64°37'.0 N, longitude 035°27'.0 W and thence by a rhumb line to latitude 67°03'.9 N, longitude 026°33'.4 W and thence by a rhumb line to the latitude 70°49'.56 N and longitude 008°59'.61 W (Sørkapp, Jan Mayen) and by the southern shore of Jan Mayen to 73°31'.6 N and 019°01'.0 E by the Island of Bjørnøya, and thence by a great circle line to the latitude 68°38'.29 N and longitude 043°23'.08 E (Cap Kanin Nos) and hence by the northern shore of the Asian Continent eastward to the Bering Strait and thence from the Bering Strait westward to latitude 60° N as far as Il’pyrskiy and following the 60th North parallel eastward as far as and including Etolin Strait and thence by the northern shore of the North American continent as far south as latitude 60° N and thence eastward along parallel of latitude 60° N, to longitude 056°37'.1 W and thence to the latitude 58°00'.0 N, longitude 042°00'.0 W.
  • 3. Polar waters means Arctic waters and/or the Antarctic area.

Regulation 22 Application and requirements

  • 1. This chapter applies to all ships certified to carry noxious liquid substances in bulk, operating in polar waters.
  • 2. Unless expressly provided otherwise, any ship covered by paragraph 1 of this regulation shall comply with the environment-related provisions of the introduction and with chapter 2 of part II-A of the Polar Code, in addition to any other applicable requirements of this Annex.
  • 3. In applying chapter 2 of part II-A of the Polar Code, consideration should be given to the additional guidance in part II-B of the Polar Code.

Appendix I Guidelines for the categorization of noxious liquid substances

The Revised GESAMP hazard evaluation procedure

Appendix 2 FORM OF CARGO RECORD BOOK FOR SHIPS CARRYING NOXIOUS LIQUID SUBSTANCES IN BULK

Introduction

The following pages show a comprehensive list of items of cargo and ballast operations which are, when appropriate, to be recorded in the Cargo Record Book on a tank to tank basis in accordance with regulation 15.2 of Annex II of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), as amended. The items have been grouped into operational sections, each of which is denoted by a letter.

When making entries in the Cargo Record Book, the date, operational code and item number shall be inserted in the appropriate columns and the required particulars shall be recorded chronologically in the blank spaces.

Each completed operation shall be signed for and dated by the officer or officers in charge and, if applicable, by a surveyor authorized by the competent authority of the State in which the ship is unloading. Each completed page shall be countersigned by the master of the ship.

List of items to be recorded

Entries are required for operations involving all Categories of substances.

  • (A) Loading of cargo
    • 1. Place of loading.
    • 2. Identify tank(s), name of substance(s) and Category(ies).
  • (B) Internal transfer of cargo
    • 3. Name and Category of cargo(es) transferred.
    • 4. Identity of tanks:
      • .1 from :
      • .2 to :
    • 5. Was (were) tank(s) in 4.1 emptied?
    • 6. If not, quantity remaining in tank(s).
  • (C) Unloading of cargo
    • 7. Place of unloading.
    • 8. Identity of tank(s) unloaded.
    • 9. Was (were) tank(s) emptied?
      • .1 If yes, confirm that the procedure for emptying and stripping has been performed in accordance with the ship’s Procedures and Arrangements Manual (i.e. list, trim, stripping temperature).
      • .2 If not, quantity remaining in tank(s).
    • 10. Does the ship’s Procedures and Arrangements Manual require a prewash with subsequent disposal to reception facilities?
    • 11. Failure of pumping and/or stripping system:
      • .1 time and nature of failure;
      • .2 reasons for failure;
      • .3 time when system has been made operational.
  • (D) Mandatory prewash in accordance with the ship’s Procedures and Arrangements Manual
    • 12. Identify tank(s), substance(s) and Category(ies).
    • 13. Washing method:
      • .1 number of cleaning machines per tank;
      • .2 duration of wash/washing cycles;
      • .3 hot/cold wash.
    • 14. Prewash slops transferred to:
      • .1 reception facility in unloading port (identify port)11;
      • .2 reception facility otherwise (identify port)12.
  • (E) Cleaning of cargo tanks except mandatory prewash (other prewash operations, final wash, ventilation etc.)
    • 15. State time, identify tank(s), substance(s) and Category(ies) and state:
      • .1 washing procedure used;
      • .2 cleaning agent(s) (identify agent(s) and quantities);
      • .3 ventilation procedure used (state number of fans used, duration of ventilation).
    • 16. Tank washings transferred:
      • .1 into the sea;
      • .2 to reception facility (identify port)13;
      • .3 to slops collecting tank (identify tank).
  • (F) Discharge into the sea of tank washings
    • 17. Identify tank(s):
      • .1 Were tank washings discharged during cleaning of tank(s)? If so at what rate?
      • .2 Were tank washing(s) discharged from a slops collecting tank? If so, state quantity and rate of discharge.
    • 18. Time pumping commenced and stopped.
    • 19. Ship’s speed during discharge.
  • (G) Ballasting of cargo tanks
    • 20. Identity of tank(s) ballasted.
    • 21. Time at start of ballasting.
  • (H) Discharge of ballast water from cargo tanks
    • 22. Identity of tank(s).
    • 23. Discharge of ballast:
      • .1 into the sea;
      • .2 to reception facilities (identify port)14.
    • 24. Time ballast discharge commenced and stopped.
    • 25. Ship’s speed during discharge.
  • (I) Accidental or other exceptional discharge
    • 26. Time of occurrence.
    • 27. Approximate quantity, substance(s) and Category(ies).
    • 28. Circumstances of discharge or escape and general remarks.
  • (J) Control by authorized surveyors
    • 29. Identify port.
    • 30. Identify tank(s), substance(s), Category(ies) discharged ashore.
    • 31. Have tank(s), pump(s), and piping system(s) been emptied?
    • 32. Has a prewash in accordance with the ship’s Procedures and Arrangements Manual been carried out?
    • 33. Have tank washings resulting from the prewash been discharged ashore and is the tank empty?
    • 34. An exemption has been granted from mandatory prewash.
    • 35. Reasons for exemption.
    • 36. Name and signature of authorized surveyor.
    • 37. Organization, company, government agency for which surveyor works.
  • (K) Additional operational procedures and remarks

Appendix 3 FORM OF INTERNATIONAL POLLUTION PREVENTION CERTIFICATE FOR THE CARRIAGE OF NOXIOUS LIQUID SUBSTANCES IN BULK15

Appendix IV Standard format for the Procedures and Arrangements Manual

Introduction
  • 1.The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (hereinafter referred to as MARPOL 73/78) was established in order to prevent the pollution of the marine environment by discharges into the sea from ships of harmful substances or effluents containing such substances. In order to achieve its aim, MARPOL 73/78 contains six Annexes in which detailed regulations are given with respect to the handling on board ships and the discharge into the sea or release into the atmosphere of six main groups of harmful substances, i.e. Annex I (Mineral oils), Annex II (Noxious Liquid Substances carried in bulk), Annex III (Harmful substances carried in packaged forms), Annex IV (Sewage), Annex V (Garbage) and Annex VI (Air Pollution).
  • 2. Regulation 13 of Annex II of MARPOL 73/78 (hereinafter referred to as Annex II) prohibits the discharge into the sea of Noxious Liquid Substances of Categories X, Y or Z or of ballast water, tank washings or other residues or mixtures containing such substances, except in compliance with specified conditions including procedures and arrangements based upon standards developed by the International Maritime Organization (IMO) to ensure that the criteria specified for each Category will be met.
  • 3. Annex II requires that each ship which is certified for the carriage of Noxious Liquid Substances in bulk shall be provided with a Procedures and Arrangements Manual, hereinafter referred to as the Manual.
  • 4.This Manual has been written in accordance with Appendix 4 of Annex II and is concerned with the marine environmental aspects of the cleaning of cargo tanks and the discharge of residues and mixtures from these operations. The Manual is not a safety guide and reference shall be made to other publications specifically to evaluate safety hazards.
  • 5.The purpose of the Manual is to identify the arrangements and equipment required to enable compliance with Annex II and to identify for the ship’s officers all operational procedures with respect to cargo handling, tank cleaning, slops handling, residue discharging, ballasting and deballasting, which must be followed in order to comply with the requirements of Annex II.
  • 6.In addition, this Manual, together with the ship’s Cargo Record Book and the Certificate issued under Annex II16, will be used by Administrations for control purposes in order to ensure full compliance with the requirements of Annex II by this ship.
  • 7.The master shall ensure that no discharges into the sea of cargo residues or residue/water mixtures containing Category X, Y or Z substances shall take place, unless such discharges are made in full compliance with the operational procedures contained in this Manual.
  • 8.This Manual has been approved by the Administration and no alteration or revision shall be made to any part of it without the prior approval of the Administration.
Index of sections
  • 1.Main features of MARPOL 73/78, Annex II
  • 2.Description of the ship’s equipment and arrangements
  • 3.Cargo unloading procedures and tank stripping
  • 4.Procedures relating to the cleaning of cargo tanks, the discharge of residues, ballasting and deballasting
  • 5.Information and Procedures
SECTION 1
MAIN FEATURES OF MARPOL ANNEX II
  • 1.1. The requirements of Annex II apply to all ships carrying Noxious Liquid Substances in bulk. Substances posing a threat of harm to the marine environment are divided into three categories, X, Y and Z. Category X substances are those posing the greatest threat to the marine environment, whilst Category Z substances are those posing the smallest threat.
  • 1.2. Annex II prohibits the discharge into the sea of any effluent containing substances falling under these categories, except when the discharge is made under conditions which are specified in detail for each Category. These conditions include, where applicable, such parameters as:
    • .1 the maximum quantity of substances per tank which may be discharged into the sea;
    • .2 the speed of the ship during the discharge;
    • .3 the minimum distance from the nearest land during discharge;
    • .4 the minimum depth of water at sea during discharge; and
    • .5 the need to effect the discharge below the waterline.
  • 1.3. For certain sea areas identified as “special area” more stringent discharge criteria apply. Under Annex II the special area is the Antarctic area. In addition, under chapter 2 of part II-A of the Polar Code, more stringent discharge criteria apply in Arctic waters.
  • 1.4. Annex II requires that every ship is provided with pumping and piping arrangements to ensure that each tank designated for the carriage of Category X, Y and Z substances does not retain after unloading a quantity of residue in excess of the quantity given in the Annex. For each tank intended for the carriage of such substances an assessment of the residue quantity has to be made. Only when the residue quantity as assessed is less than the quantity prescribed by the Annex a tank may be approved for the carriage of a Category X, Y or Z substances.
  • 1.5. In addition to the conditions referred to above, an important requirement contained in Annex II is that the discharge operations of certain cargo residues and certain tank cleaning and ventilation operations may only be carried out in accordance with approved procedures and arrangements.
  • 1.6. To enable the requirement of paragraph 1.5 to be met, this Manual contains in section 2 all particulars of the ship’s equipment and arrangements, in section 3 operational procedures for cargo unloading and tank stripping and in section 4 procedures for discharge of cargo residues, tank washing, slops collection, ballasting and deballasting as may be applicable to the substances the ship is certified to carry.
  • 1.7. By following the procedures as set out in this Manual, it will be ensured that the ship complies with all relevant requirements of Annex II to MARPOL 73/78.
Section 2 Description of the ship’s equipment and arrangements
  • 2.1. This section contains all particulars of the ship’s equipment and arrangements necessary to enable the crew to follow the operational procedures set out in sections 3 and 4.
  • 2.2. General arrangement of ship and description of cargo tanks
    This section shall contain a brief description of the cargo area of the ship with the main features of the cargo tanks and their positions.
    Line or schematic drawings showing the general arrangement of the ship and indicating the position and numbering of the cargo tanks and heating arrangements shall be included.
  • 2.3. Description of cargo pumping and piping arrangements and stripping system
    This section shall contain a description of the cargo pumping and piping arrangements and of the stripping system. Line or schematic drawings shall be provided showing the following and be supported by textual explanation where necessary:
    • .1 cargo piping arrangements with diameters;
    • .2 cargo pumping arrangements with pump capacities;
    • .3 piping arrangements of stripping system with diameters;
    • .4 pumping arrangements of stripping system with pump capacities;
    • .5 location of suction points of cargo lines and stripping lines inside every cargo tank;
    • .6 if a suction well is fitted, the location and cubic capacity thereof;
    • .7 line draining and stripping or blowing arrangements; and
    • .8 quantity and pressure of nitrogen or air required for line blowing if applicable.
  • 2.4. Description of ballast tanks and ballast pumping and piping arrangements
    This section shall contain a description of the ballast tanks and ballast pumping and piping arrangements.
    Line or schematic drawings and tables shall be provided showing the following:
    • .1 a general arrangement showing the segregated ballast tanks and cargo tanks to be used as ballast tanks together with their capacities (cubic metres);
    • .2 ballast piping arrangement;
    • .3 pumping capacity for those cargo tanks which may also be used as ballast tanks; and
    • .4 any interconnection between the ballast piping arrangements and the underwater outlet system.
  • 2.5 Description of dedicated slop tanks with associated pumping and piping arrangements
    This section shall contain a description of the dedicated slop tank(s), if any, with the associated pumping and piping arrangements. Line or schematic drawings shall be provided showing the following:
    • .1 which dedicated slop tanks are provided together with the capacities of such tanks;
    • .2 pumping and piping arrangements of dedicated slop tanks with piping diameters and their connection with the underwater discharge outlet.
  • 2.6 Description of underwater discharge outlet for effluents containing Noxious Liquid Substances
    This section shall contain information on position and maximum flow capacity of the underwater discharge outlet (or outlets) and the connections to this outlet from the cargo tanks and slop tanks. Line or schematic drawings shall be provided showing the following:
    • .1 location and number of underwater discharge outlets;
    • .2 connections to underwater discharge outlet;
    • .3 location of all seawater intakes in relation to underwater discharge outlets.
  • 2.7 Description of flow rate indicating and recording devices
    Deleted
  • 2.8. Description of cargo tank ventilation system
    This section shall contain a description of the cargo tank ventilation system.
    Line or schematic drawings and tables shall be provided showing the following and supported by textual explanation if necessary:
    • .1 the Noxious Liquid Substances the ship is certified fit to carry having a vapour pressure over 5 kPa at 20°C suitable for cleaning by ventilation to be listed in paragraph 4.4.10 of the Manual;
    • .2 ventilation piping and fans;
    • .3 position of the ventilation openings;
    • .4 the minimum flow rate of the ventilation system to adequately ventilate the bottom and all parts of the cargo tank;
    • .5 the location of structures inside the tank affecting ventilation;
    • .6 the method of ventilating the cargo pipeline system, pumps, filters, etc; and
    • .7 means for ensuring that the tank is dry.
  • 2.9. Description of tank washing arrangements and wash water heating system
    This section shall contain a description of the cargo tank washing arrangements, wash water heating system and all necessary tank washing equipment. Line or schematic drawings and tables or charts showing the following:
    • .1 arrangements of piping dedicated for tank washing with pipeline diameters;
    • .2 type of tank cleaning machines with capacities and pressure rating;
    • .3 maximum number of tank cleaning machines which can operate simultaneously;
    • .4 position of deck openings for cargo tank washing;
    • .5 the number of cleaning machines and their location required for ensuring complete coverage of the cargo tank walls;
    • .6 maximum capacity of wash water which can be heated to 60°C by the installed heating equipment; and
    • .7 maximum number of tank cleaning machines which can be operated simultaneously at 60°C.
Section 3 Cargo unloading procedures and tank stripping
  • 3.1. This section contains operational procedures in respect of cargo unloading and tank stripping which must be followed in order to ensure compliance with the requirements of Annex II.
  • 3.2. Cargo unloading
    This section shall contain procedures to be followed including the pump and cargo unloading and suction line to be used for each tank. Alternative methods may be given.
    The method of operation of the pump or pumps and the sequence of operation of all valves shall be given.
    The basic requirement is to unload the cargo to the maximum extent.
  • 3.3. Cargo tank stripping
    This section shall contain procedures to be followed during the stripping of each cargo tank.
    The procedures shall include the following:
    • .1 operation of stripping system;
    • .2 list and trim requirements;
    • .3 line draining and stripping or blowing arrangements if applicable; and
    • .4 duration of the stripping time of the water test.
  • 3.4. Cargo temperature
    This section shall contain information on the heating requirements of cargoes which have been identified as being required to be at a certain minimum temperature during unloading.
    Information shall be given on control of the heating system and the method of temperature measurement.
  • 3.5. Procedures to be followed when a cargo tank cannot be unloaded in accordance with the required procedures
    This section shall contain information on the procedures to be followed in the event that the requirements contained in sections 3.3 and/or 3.4 cannot be met due to circumstances such as the following:
    • .1 failure of cargo tank stripping system; and
    • .2 failure of cargo tank heating system.
  • 3.6. Cargo Record Book
    The Cargo Record Book shall be completed in the appropriate places on completion of any cargo operation.
SECTION 4
PROCEDURES RELATING TO THE CLEANING OF CARGO TANKS, THE DISCHARGE OF RESIDUES, BALLASTING AND DEBALLASTING
  • 4.1. This section contains operational procedures in respect of tank cleaning, ballast and slops handling which must be followed in order to ensure compliance with the requirements of Annex II.
  • 4.2. The following paragraphs outline the sequence of actions to be taken and contain the information essential to ensure that Noxious Liquid Substances are discharged without posing a threat of harm to the marine environment.
  • 4.3. Deleted
  • 4.4. The information necessary to establish the procedures for discharging the residue of the cargo, cleaning, ballasting and deballasting the tank, shall take into account the following:
    • .1 Category of substance
      The Category of the substance should be obtained from the relevant Certificate.
    • .2 Stripping efficiency of tank pumping system
      The contents of this section will depend on the design of the ship and whether it is a new ship or existing ship (See flow diagram and pumping/stripping requirements).
    • .3 Vessel within or outside Special Area
      This section shall contain instructions on whether the tank washings can be discharged into the sea within a special area (as defined in section 1.3) or outside a special area. The different requirements shall be made clear and will depend on the design and trade of the ship.
      No discharges into the sea of residues of Noxious Liquid Substances, or mixtures containing such substances, are allowed within the polar waters.
    • .4 Solidifying or High-Viscosity Substance
      The properties of the substance should be obtained from the shipping document.
    • .5 Miscibility with water
      Deleted
    • .6 Compatibility with slops containing other substances
      This section shall contain instructions on the permissible and non-permissible mixing of cargo slops. Reference should be made to compatibility guides.
    • .7 Discharge to reception facility
      This section shall identify those substances the residues of which are required to be prewashed and discharged to a reception facility.
    • .8 Discharging into the sea
      This section shall contain information on the factors to be considered in order to identify whether the residue/water mixtures are permitted to be discharged into the sea.
    • .9 Use of cleaning agents or additives
      This section shall contain information on the use and disposal of cleaning agents (e.g. solvents used for tank cleaning) and additives to tank washing water (e.g. detergents).
    • .10 Use of ventilation procedures for tank cleaning
      This section shall make reference to all substances suitable for the use of ventilation procedures.
  • 4.5 Having assessed the above information, the correct operational procedures to be followed should be identified using the instructions and flow diagram of section 5. Appropriate entries shall be made in the Cargo Record Book indicating the procedure adopted.
Section 5 Information and procedures

This section shall contain procedures, which will depend on the age of the ship and pumping efficiency. Examples of flow diagram referred to in this section are given at addendum A and incorporate comprehensive requirements applicable to both new and existing ships. The Manual for a particular ship shall only contain those requirements specifically applicable to that ship.

Information relating to melting point and viscosity, for those substances which have a melting point equal to or greater than 0°C or a viscosity equal or greater than 50 mPa.s at 20°C, shall be obtained from the shipping document.

For substances allowed to be carried, reference is made to the relevant Certificate.

The Manual shall contain:

  • Table 1 : Deleted
  • Table 2 : Cargo tank information.
  • Addendum A : Flow diagram.
  • Addendum B : Prewash procedures.
  • Addendum C : Ventilation procedures.
  • Addendum D : Additional information and operational instructions when required or accepted by the Administration.

Outlines of the above table and addenda are shown below.

Table 2 - Cargo tank information
Tank no. Capacity (m3) Stripping quantity (litres)
     
     
     
     
     
     
     
Addendum B

Prewash procedures

This addendum to the Manual shall contain prewash procedures based on appendix 6 of Annex II. These procedures shall contain specific requirements for the use of the tank washing arrangements and equipment provided on the particular ship and include the following:

  • .1 cleaning machine positions to be used;
  • .2 slops pumping out procedure;
  • .3 requirements for hot washing;
  • .4 number of cycles of cleaning machine (or time); and
  • .5 minimum operating pressures.
Addendum C

Ventilation procedures

This addendum to the Manual shall contain ventilation procedures based on appendix 7 of Annex II. The procedures shall contain specific requirements for the use of the cargo tank ventilation system, or equipment, fitted on the particular ship and shall include the following:

  • .1 ventilation positions to be used;
  • .2 minimum flow or speed of fans;
  • .3 procedures for ventilating cargo pipeline, pumps, filters, etc.; and
  • .4 procedures for ensuring that tanks are dry on completion.
Addendum D

Additional information and operational instructions required or accepted by the administration

Appendix 5 Assessment of residue quantities in cargo tanks, pumps and associated piping

1. Introduction
  • 1.1. Purpose
    • 1.1.1. The purpose of this appendix is to provide the procedure for testing the efficiency of cargo pumping systems.
  • 1.2. Background
    • 1.2.1. The ability of the pumping system of a tank to comply with regulation 12.1, 12.2 or 12.3 is determined by performing a test in accordance with the procedure set out in section 3 of this appendix. The quantity measured is termed the ‘‘stripping quantity’’. The stripping quantity of each tank shall be recorded in the ship’s Manual.
    • 1.2.2. After having determined the stripping quantity of one tank, the Administration may use the determined quantities for a similar tank, provided the Administration is satisfied that the pumping system in that tank is similar and operating properly.
2. Design criteria and performance test
  • 2.1. The cargo pumping systems should be designed to meet the required maximum amount of residue per tank and associated piping as specified in regulation 12 of Annex II to the satisfaction of the Administration.
  • 2.2. In accordance with regulation 12.5 the cargo pumping systems shall be tested with water to prove their performance. Such water tests shall, by measurement, show that the system meets the requirements of regulation 12. In respect of regulations 12.1 and 12.2 a tolerance of 50 litres per tank is acceptable.
3. Water performance test
  • 3.1. Test condition
    • 3.1.1. The ship’s trim and list shall be such as to provide favourable drainage to the suction point. During the water test the ship’s trim shall not exceed 3° by the stern, and the ship’s list shall not exceed 1°.
    • 3.1.2. The trim and list chosen for the water test shall be recorded. This shall be the minimum favourable trim and list used during the water test.
    • 3.1.3. During the water test means shall be provided to maintain a back-pressure of not less than 100 kPa at the cargo tank’s unloading manifold (see figures 5-1 and 5-2).
    • 3.1.4. The time taken to complete the water test shall be recorded for each tank, recognizing that this may need to be amended as a result of subsequent tests.
  • 3.2 Test procedure
    • 3.2.1. Ensure that the cargo tank to be tested and its associated piping have been cleaned and that the cargo tank is safe for entry.
    • 3.2.2. Fill the cargo tank with water to a depth necessary to carry out normal end of unloading procedures.
    • 3.2.3.Discharge and strip water from the cargo tank and its associated piping in accordance with the proposed procedures.
    • 3.2.4. Collect all water remaining in the cargo tank and its associated piping into a calibrated container for measurement. Water residues shall be collected, inter alia, from the following points:
      • .1 the cargo tank suction and its vicinity;
      • .2 any entrapped areas on the cargo tank bottom;
      • .3 the low point drain of the cargo pump; and
      • .4 all low point drains of piping associated with the cargo tank up to the manifold valve.
    • 3.2.5. The total water volumes collected above determine the stripping quantity for the cargo tank.
    • 3.2.6. Where a group of tanks is served by a common pump or piping, the water test residues associated with the common system(s) may be apportioned equally among the tanks provided that the following operational restriction is included in the ship’s approved Manual: “For sequential unloading of tanks in this group, the pump or piping is not to be washed until all tanks in the group have been unloaded.”

Appendix 6 Prewash procedures

  • A For ships built before 1 July 1994
    A prewash procedure is required in order to meet certain Annex II requirements. This appendix explains how these prewash procedures shall be performed.
    Prewash procedures for non-Solidifying Substances
    • 1.Tanks shall be washed by means of a rotary water jet, operated at sufficiently high water pressure. In the case of Category X substances cleaning machines shall be operated in such locations that all tank surfaces are washed. In the case of Category Y substances only one location need be used.
    • 2.During washing the amount of water in the tank shall be minimized by continuously pumping out slops and promoting flow to the suction point (positive list and trim). If this condition cannot be met the washing procedure shall be repeated three times, with thorough stripping of the tank between washings.
    • 3.Those substances which have a viscosity equal to or greater than 50 mPa.s at 20°C shall be washed with hot water (temperature at least 60°C), unless the properties of such substances make the washing less effective.
    • 4.The number of cycles of the cleaning machine used shall not be less than that specified in table 6-1. A cleaning machine cycle is defined as the period between two consecutive identical orientations of the tank cleaning machine (rotation through 360°).
    • 5.After washing, the tank cleaning machine(s) shall be kept operating long enough to flush the pipeline, pump and filter, and discharge to shore reception facilities shall be continued until the tank is empty.
    Prewash procedures for Solidifying Substances
    • 1.Tanks shall be washed as soon as possible after unloading. If possible tanks shall be heated prior to washing.
    • 2.Residues in hatches and manholes shall preferably be removed prior to the prewash.
    • 3.Tanks shall be washed by means of a rotary water jet operated at sufficiently high water pressure and in locations to ensure that all tank surfaces are washed.
    • 4.During washing the amount of water in the tank shall be minimized by pumping out slops continuously and promoting flow to the suction point (positive list and trim). If this condition cannot be met, the washing procedure shall be repeated three times with thorough stripping of the tank between washings.
    • 5.Tanks shall be washed with hot water (temperature at least 60°C) unless the properties of such substances make the washing less effective.
    • 6.The number of cycles of the cleaning machine used shall not be less than that specified in table 6-1. A cleaning machine cycle is defined as the period between two consecutive identical orientations of the machine (rotation through 360°).
    • 7.After washing, the cleaning machine(s) shall be kept operating long enough to flush the pipeline, pump and filter,and discharge to shore reception facilities shall be continues until the tank is empty.
    Table 6-1 – Number of cleaning machine cycles to be used in each location
    Non-Solidifying Substances Solidifying Substanaces
    Category X 1 2
    Category Y 1/2 1
  • B For ships built on or after 1 July 1994 and recommendatory for ships built before 1 July 1994
    A prewash procedure is required in order to meet certain Annex II requirements. This appendix explains how these prewash procedures shall be performed and how the minimum volumes of washing media to be used shall be determined. Smaller volumes of washing media may be used based on actual verification testing to the satisfaction of the Administration. Where reduced volumes are approved an entry to that effect must be recorded in the Manual.
    If a medium other than water is used for the prewash, the provisions regulation 13.5.1 apply.
    Prewash procedures for non-Solidifying Substances without recycling
    • 1.Tanks shall be washed by means of a rotary jet(s), operated at sufficiently high water pressure. In the case of Category X substances cleaning machines shall be operated in such locations that all tank surfaces are washed. In the case of Category Y substances only one location need be used.
    • 2.During washing the amount of liquid in the tank shall be minimized by continuously pumping out slops and promoting flow to the suction point. If this condition cannot be met, the washing procedure shall be repeated three times, with thorough stripping of the tank between washings.
    • 3.Those substances which have a viscosity equal to or greater than 50 mPa.s at 20°C shall be washed with hot water (temperature at least 60°C), unless the properties of such substances make the washing less effective.
    • 4.The quantities of wash water used shall not be less than those specified in paragraph 20 or determined according to paragraph 21.
    • 5.After prewashing the tanks and lines shall be thoroughly stripped.
    Prewash procedures for Solidifying Substances without recycling
    • 6.Tanks shall be washed as soon as possible after unloading. If possible, tanks should be heated prior to washing.
    • 7.Residues in hatches and manholes should preferably be removed prior to the prewash.
    • 8.Tanks shall be washed by means of a rotary jet(s) operated at sufficiently high water pressure and in locations to ensure that all tank surfaces are washed.
    • 9.During washing the amount of liquid in the tank shall be minimized by pumping out slops continuously and promoting flow to the suction point. If this condition cannot be met, the washing procedure shall be repeated three times with thorough stripping of the tank between washings.
    • 10.Tanks shall be washed with hot water (temperature at least 60°C), unless the properties of such substances make the washing less effective.
    • 11.The quantities of wash water used shall not be less than those specified in paragraph 20 or determined according to paragraph 21.
    • 12.After prewashing the tanks and lines shall be thoroughly stripped.
    Prewash procedures with recycling of washing medium
    • 13.Washing with a recycled washing medium may be adopted for the purpose of washing more than one cargo tank. In determining the quantity, due regard must be given to the expected amount of residues in the tanks and the properties of the washing medium and whether any initial rinse or flushing is employed. Unless sufficient data are provided, the calculated end concentration of cargo residues in the washing medium shall not exceed 5% based on nominal stripping quantities.
    • 14.The recycled washing medium shall only be used for washing tanks having contained the same or similar substance.
    • 15.A quantity of washing medium sufficient to allow continuous washing shall be added to the tank or tanks to be washed.
    • 16.All tank surfaces shall be washed by means of a rotary jet(s) operated at sufficiently high pressure. The recycling of the washing medium may either be within the tank to be washed or via another tank, e.g. a slop tank.
    • 17.The washing shall be continued until the accumulated throughput is not less than that corresponding to the relevant quantities given in paragraph 20 or determined according to paragraph 21.
    • 18.Solidifying Substances and substances with viscosity equal to or greater than 50 mPa.s at 20°C shall be washed with hot water (temperature at least 60°C) when water is used as the washing medium, unless the properties of such substances make the washing less effective.
    • 19.After completing the tank washing with recycling to the extent specified in paragraph 17, the washing medium shall be discharged and the tank thoroughly stripped. Thereafter, the tank shall be subjected to a rinse, using clean washing medium, with continuous drainage and discharged to a reception facility. The rinse shall as a minimum cover the tank bottom and be sufficient to flush the pipelines, pump and filter.
    Minimum quantity of water to be used in a prewash
    • 20.The minimum quantity of water to be used in a prewash is determined by the residual quantity of noxious liquid substance in the tank, the tank size, the cargo properties, the permitted concentration in any subsequent wash water effluent, and the area of operation. The minimum quantity is given by the following formula:

    where
    • Q = the required minimum quantity in m3
    • r = the residual quantity per tank in m3. The value of r shall be the value demonstrated in the actual stripping efficiency test, but shall not be taken lower than 0.100 m3 for a tank volume of 500 m3 and above and 0.040 m3 for a tank volume of 100 m3 and below. For tank sizes between 100 m3 and 500 m3 the minimum value of r allowed to be used in the calculations is obtained by linear interpolation.

    For Category X substances the value of r shall either be determined based on stripping tests according to the Manual, observing the lower limits as given above, or be taken to be 0.9 m3.
    • V = tank volume in m3
    • k = a factor having values as follows:
    • Category X, non-Solidifying, Low-Viscosity Substance, k = 1.2
    • Category X, Solidifying or High-Viscosity Substance, k = 2.4
    • Category Y, non-Solidifying, Low-Viscosity Substance k = 0.5
    • Category Y, Solidifying or High-Viscosity Substance k = 1.0

    The table below is calculated using the formula with a k factor of 1 and may be used as an easy reference.
    100 500 3000
    <0.04 1.2 2.9 5.4
    .10 2.5 2.9 5.4
    .30 5.9 6.8 12.2
    .90 14.3 16.1 27.7
    • 21.Verification testing for approval of prewash volumes lower than those given in paragraph 20 may be carried out to the satisfaction of the Administration to prove that the requirements of regulation 13 are met, taking into account the substances the ship is certified to carry. The prewash volume so verified shall be adjusted for other prewash conditions by application of the factor k as defined in paragraph 20.

Appendix 7 Ventilation procedures

  • 1.Cargo residues of substances with a vapour pressure greater than 5 KPa at 20°C may be removed from a cargo tank by ventilation.
  • 2.Before residues of Noxious Liquid Substances are ventilated from a tank the safety hazards relating to cargo flammability and toxicity shall be considered. With regard to safety aspects, the operational requirements for openings in cargo tanks in SOLAS 74, as amended, the International Bulk Chemical Code, the Bulk Chemical Code, and the ventilation procedures in the International Chamber of Shipping (ICS) Tanker Safety Guide (Chemicals) should be consulted.
  • 3.Port authorities may also have regulations on cargo tank ventilation.
  • 4.The procedures for ventilation of cargo residues from a tank are as follows:
    • .1 the pipelines shall be drained and further cleared of liquid by means of ventilation equipment;
    • .2 the list and trim shall be adjusted to the minimum levels possible so that evaporation of residues in the tank is enhanced;
    • .3 ventilation equipment producing an airjet which can reach the tank bottom shall be used. Figure 7-1 could be used to evaluate the adequacy of ventilation equipment used for ventilating a tank of a given depth;
    • .4 ventilation equipment shall be placed in the tank opening closest to the tank sump or suction point;
    • .5 ventilation equipment shall, when practicable, be positioned so that the airjet is directed at the tank sump or suction point and impingement of the airjet on tank structural members is to be avoided as much as possible; and
    • .6 ventilation shall continue until no visible remains of liquid can be observed in the tank. This shall be verified by a visual examination or an equivalent method.

ANNEX III Regulations for the prevention of pollution by harmful substances carried by sea in packaged form

CHAPTER 1 GENERAL

Regulation 1 Definitions

For the purposes of this annex:

  • 1. Harmful substances are those substances which are identified as marine pollutants in the International Maritime Dangerous Goods Code (IMDG Code) or which meet the criteria in the appendix of this annex.
  • 2. Packaged form is defined as the forms of containment specified for harmful substances in the IMDG Code.
  • 3. Audit means a systematic, independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled.
  • 4. Audit Scheme means the IMO Member State Audit Scheme established by the Organization and taking into account the guidelines developed by the Organization.
  • 5. Code for Implementation means the IMO Instruments Implementation Code (III Code) adopted by the Organization by resolution A.1070(28).
  • 6. Audit Standard means the Code for Implementation.

Regulation 2 Application

  • 1. Unless expressly provided otherwise, the regulations of this Annex apply to all ships carrying harmful substances in packaged form.
  • 2. The carriage of harmful substances is prohibited, except in accordance with the provisions of this Annex.
  • 3. To supplement the provisions of this Annex, the Government of each Party to the Convention shall issue, or cause to be issued, detailed requirements on packing, marking, labelling, documentation, stowage, quantity limitations and exceptions for preventing or minimizing pollution of the marine environment by harmful substances.
  • 4. For the purposes of this Annex, empty packagings 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. The requirements of this Annex do not apply to ship's stores and equipment.

Regulation 3 Packing

Packages shall be adequate to minimize the hazard to the marine environment, having regard to their specific contents.

Regulation 4 Marking and labelling

  • 1. Packages containing a harmful substance shall be durably marked or labelled to indicate that the substance is a harmful substance in accordance with the relevant provisions of the IMDG Code.
  • 2. The method of affixing marks or labels on packages containing a harmful substance shall be in accordance with the relevant provisions of the IMDG Code.

Regulation 5 Documentation

  • 1. Transport information relating to the carriage of harmful substances shall be in accordance with the relevant provisions of the IMDG Code and shall be made available to the person or organization designated by the port State authority.
  • 2. Each ship carrying harmful substances shall have a special list, manifest or stowage plan setting forth, in accordance with the relevant provisions of the IMDG Code, the harmful substances on board and the location thereof. A copy of one of these documents shall be made available before departure to the person or organization designated by the port State authority.

Regulation 6 Stowage

Harmful substances shall be properly stowed and secured so as to minimize the hazards to the marine environment without impairing the safety of the ship and persons on board.

Regulation 7 Quantity limitations

Certain harmful substances may, for sound scientific and technical reasons, need to be prohibited for carriage or be limited as to the quantity which may be carried aboard any one ship. In limiting the quantity, due consideration shall be given to size, construction and equipment of the ship, as well as the packaging and the inherent nature of the substances.

Regulation 8 Exceptions

  • 1. Jettisoning of harmful substances carried in packaged form shall be prohibited, except where necessary for the purpose of securing the safety of the ship or saving life at sea.
  • 2. Subject to the provisions of the present Convention, 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 ship and persons on board.

Regulation 9 Port State control on operational requirements

  • 1. A ship when in a port or an offshore terminal of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex.
  • 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 Party shall take such steps, including carrying out detailed inspection and, if required, will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.
  • 3. Procedures relating to the port State control prescribed in article 5 of the present Convention shall apply to this regulation.
  • 4. Nothing in this regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.

CHAPTER 2 VERIFICATION OF COMPLIANCE WITH THE PROVISIONS OF THIS ANNEX

Regulation 10 Application

Parties shall use the provisions of the Code for Implementation in the execution of their obligations and responsibilities contained in this Annex.

Regulation 11 Verification of compliance

  • 1. Every Party shall be subject to periodic audits by the Organization in accordance with the audit standard to verify compliance with and implementation of this Annex.
  • 2. The Secretary-General of the Organization shall have responsibility for administering the Audit Scheme, based on the guidelines developed by the Organization.
  • 3. Every Party shall have responsibility for facilitating the conduct of the audit and implementation of a programme of actions to address the findings, based on the guidelines developed by the Organization.
  • 4. Audit of all Parties shall be:
    • .1.based on an overall schedule developed by the Secretary General of the Organization, taking into account the guidelines developed by the Organization; and
    • .2.conducted at periodic intervals, taking into account the guidelines developed by the Organization.

Appendix Criteria for the identification of harmful substances in packaged form

For the purpose of this Annex, substances, other than radioactive materials, identified by any one of the following criteria are harmful substances.

  • a)Acute (short-term) aquatic hazard
       
    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
  • b)Long-term aquatic hazard
    • (i)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
    • (ii)Rapidly degradable substances for which there are adequate chronic toxicity data available
        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
    • (iii)Substances for which adequate chronic toxicity data are not available
        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 IMDG Code.

Annex IV REGULATIONS FOR THE PREVENTION OF POLLUTION BY SEWAGE FROM SHIPS

CHAPTER 1 GENERAL

Regulation 1 Definitions

For the purposes of this Annex:

  • 1.“New ship” means a ship:
    • .1 for which the building contract is placed, or in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, on or after the date of entry into force of this Annex; or
    • .2 the delivery of which is three years or more after the date of entry into force of this Annex.
  • 2.“Existing ship” means a ship which is not a new ship.
  • 3.“Sewage” means:
    • .1 drainage and other wastes from any form of toilets and urinals;
    • .2 drainage from medical premises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers located in such premises;
    • .3 drainage from spaces containing living animals; or
    • .4 other waste waters when mixed with the drainages defined above.
  • 4.“Holding tank” means a tank used for the collection and storage of sewage.
  • 5.“Nearest Land’’. The term “from the nearest land” means from the baseline from which the territorial sea of the territory in question is established in accordance with international law except that, for the purposes of the present Convention “from the nearest land” off the north eastern coast of Australia shall mean from a line drawn from a point on the coast of Australia in:
    • latitude 11°00’ S, longitude 142°08’ E
    • to a point in latitude 10°35’ S, longitude 141°55’ E
    • thence to a point latitude 10°00’ S, longitude 142°00’ E
    • thence to a point latitude 9°10’ S, longitude 143°52’ E
    • thence to a point latitude 9°00’ S, longitude 144°30’ E
    • thence to a point latitude 10°41’ S, longitude 145°00’ E
    • thence to a point latitude 13°00’ S, longitude 145°00’ E
    • thence to a point latitude 15°00’ S, longitude 146°00’ E
    • thence to a point latitude 17°30’ S, longitude 147°00’ E
    • thence to a point latitude 21°00’ S, longitude 152°55’ E
    • thence to a point latitude 24°30’ S, longitude 154°00’ E
    • thence to a point on the coast of Australia
    • in latitude 24°42’ S, longitude 153°15’ E
  • 6. Special area means a sea area where for recognized technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by sewage is required.
    The special areas are:
    • .1 the Baltic Sea area as defined in regulation 1.11.2 of Annex I; and
    • .2 any other sea area designated by the Organization in accordance with criteria and procedures for designation of special areas with respect to prevention of pollution by sewage from ships.
  • 7.“International voyage” means a voyage from a country to which the present Convention applies to a port outside such country, or conversely.
  • 8.“Person” means member of the crew and passengers.
  • 9.A passenger means every person other than:
    • .1 the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and
    • .2 a child under one year of age.
  • 10.A passenger ship means a ship which carries more than twelve passengers.
    For the application of regulation 11.3 a new passenger ship is a passenger ship:
    • .1for which the building contract is placed, or in the absence of a building contract, the keel of which is laid, or which is in similar stage of construction, on or after 1 June 2019; or
    • .2the delivery of which is on or after 1 June 2021.

    An existing passenger ship is a passenger ship which is not a new passenger ship.
  • 11.“Anniversary date” means the day and the month of each year which will correspond to the date of expiry of the International Sewage Pollution Prevention Certificate.
  • 12. Audit means a systematic, independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled.
  • 13. Audit Scheme means the IMO Member State Audit Scheme established by the Organization and taking into account the guidelines developed by the Organization.
  • 14. Code for Implementation means the IMO Instruments Implementation Code (III Code) adopted by the Organization by resolution A.1070(28).
  • 15. Audit Standard means the Code for Implementation.

Regulation 2 Application

  • 1.The provisions of this Annex shall apply to the following ships engaged in international voyages:
    • .1 new ships of 400 gross tonnage and above; and
    • .2 new ships of less than 400 gross tonnage which are certified to carry more than 15 persons; and
    • .3 existing ships of 400 gross tonnage and above, five years after the date of entry into force of this Annex; and
    • .4 existing ships of less than 400 gross tonnage which are certified to carry more than 15 persons, five years after the date of entry into force of this Annex.
  • 2. The Administration shall ensure that existing ships, according to subparagraphs 1.3 and 1.4 of this regulation, the keels of which are laid or which are of a similar stage of construction before 2 October 1983 shall be equipped, as far as practicable, to discharge sewage in accordance with the requirements of regulation 11 of the Annex.

Regulation 3 Exceptions

  • 1. Regulation 11 of this Annex and section 4.2 of chapter 4 of part II-A of the Polar Code, shall not apply to:
    • .1the discharge of sewage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or
    • .2the discharge of sewage resulting from damage to a ship or its equipment if all reasonable precautions have been taken before and after the occurrence of the damage, for the purpose of preventing or minimizing the discharge.

CHAPTER 2 SURVEYS AND CERTIFICATION

Regulation 4 Surveys

  • 1.Every ship which, in accordance with regulation 2, is required to comply with the provisions of this Annex shall be subject to the surveys specified below:
    • .1 An initial survey before the ship is put in service or before the Certificate required under regulation 5 of this Annex is issued for the first time, which shall include a complete survey of its structure, equipment, systems, fittings, arrangements and material in so far as the ship is covered by this Annex. This survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of this Annex.
    • .2 A renewal survey at intervals specified by the Administration, but not exceeding five years, except where regulation 8.2, 8.5, 8.6 or 8.7 of this Annex is applicable. The renewal survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with applicable requirements of this Annex.
    • .3 An additional survey either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in paragraph 4 of this regulation, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory and that the ship complies in all respects with the requirements of this Annex.
  • 2.The Administration shall establish appropriate measures for ships which are not subject to the provisions of paragraph 1 of this regulation in order to ensure that the applicable provisions of this Annex are complied with.
  • 3.Surveys of ships as regards the enforcement of the provisions of this Annex shall be carried out by officers of the Administration. The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it.
  • 4.An Administration nominating surveyors or recognizing organizations to conduct surveys as set forth in paragraph 3 of this regulation shall, as a minimum, empower any nominated surveyor or recognized organization to:
    • .1 require repairs to a ship; and
    • .2 carry out surveys if requested by the appropriate authorities of a Port State.

    The Administration shall notify the Organization of the specific responsibilities and conditions of the authority delegated to the nominated surveyors or recognized organizations, for circulation to Parties to the present Convention for the information of their officers.
  • 5.When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the Certificate or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, such surveyor or organization shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the Certificate should be withdrawn and the Administration shall be notified immediately and if the ship is in a port of another Party, the appropriate authorities of the Port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or recognized organization has notified the appropriate authorities of the Port State, the Government of the Port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation. When applicable, the Government of the Port State concerned shall take such steps as will ensure that the ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the nearest appropriate repair yard available without presenting an unreasonable threat of harm to the marine environment.
  • 6.In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the survey and shall undertake to ensure the necessary arrangements to satisfy this obligation.
  • 7.The condition of the ship and its equipment shall be maintained to conform with the provisions of the present Convention to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.
  • 8.After any survey of the ship under paragraph 1 of this regulation has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the sanction of the Administration, except the direct replacement of such equipment and fittings.
  • 9.Whenever an accident occurs to a ship or a defect is discovered which substantially affects the integrity of the ship or the efficiency or completeness of its equipment covered by this Annex the master or owner of the ship shall report at the earliest opportunity to the Administration, the recognized organization or the nominated surveyor responsible for issuing the relevant Certificate, who shall cause investigations to be initiated to determine whether a survey as required by paragraph 1 of this regulation is necessary. If the ship is in a port of another Party, the master or owner shall also report immediately to the appropriate authorities of the Port State and the nominated surveyor or recognized organization shall ascertain that such report has been made.

Regulation 5 Issue or Endorsement of Certificate

  • 1.An international Sewage Pollution Prevention Certificate shall be issued, after an initial or renewal survey in accordance with the provisions of regulation 4 of this Annex to any ship which is engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention. In the case of existing ships this requirement shall apply five years after the date of entry into force of this Annex.
  • 2.Such Certificate shall be issued or endorsed either by the Administration or by any persons or organization17 duly authorized by it. In every case the Administration assumes full responsibility for the Certificate.

Regulation 6 Issue or Endorsement of a Certificate by another Government

  • 1.The Government of a Party to the Convention may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the provisions of this Annex are complied with, shall issue or authorize the issue of an International Sewage Pollution Prevention Certificate to the ship, and where appropriate, endorse or authorize the endorsement of that Certificate on the ship in accordance with this Annex.
  • 2.A copy of the Certificate and a copy of the Survey report shall be transmitted as soon as possible to the Administration requesting the survey.
  • 3.A Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as the Certificate issued under regulation 5 of this Annex.
  • 4.No International Sewage Pollution Prevention Certificate shall be issued to a ship which is entitled to fly the flag of a State, which is not a Party.

Regulation 7 Form of Certificate

The International Sewage Pollution Prevention Certificate shall be drawn up in the form corresponding to the model given in the Appendix to this Annex and shall be at least in English, French or Spanish. If an official language of the issuing country is also used, this shall prevail in case of a dispute or discrepancy.

Regulation 8 Duration and validity of Certificate

  • 1.An International Sewage Pollution Prevention Certificate shall be issued for a period specified by the Administration which shall not exceed five years.
  • 2.
    • .1 Notwithstanding the requirements of paragraph 1 of this regulation, when the renewal survey is completed within three months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing Certificate.
    • .2 When the renewal survey is completed after the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing Certificate.
    • .3 When the renewal survey is completed more than three months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of completion of the renewal survey.
  • 3.If a Certificate is issued for a period of less than five years, the Administration may extend the validity of the Certificate beyond the expiry date to the maximum period specified in paragraph 1 of this regulation.
  • 4.If a renewal survey has been completed and a new Certificate cannot be issued or placed on board the ship before the expiry date of the existing Certificate, the person or organization authorized by the Administration may endorse the existing Certificate and such a Certificate shall be accepted as valid for a further period which shall not exceed five months from the expiry date.
  • 5.If a ship at the time when a Certificate expires is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the Certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed and then only in cases where it appears proper and reasonable to do so. No Certificate shall be extended for a period longer than three months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new Certificate. When the renewal survey is completed, the new Certificate shall be valid to a date not exceeding five years from the date of expiry of the existing Certificate before the extension was granted.
  • 6.A Certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new Certificate shall be valid to a date not exceeding five years from the date of expiry of the existing Certificate before the extension was granted.
  • 7.In special circumstances, as determined by the Administration, a new Certificate need not be dated from the date of expiry of the existing Certificate as required by paragraph 2.2, 5 or 6 of this regulation. In these special circumstances, the new Certificate shall be valid to a date not exceeding five years from the date of completion of the renewal survey.
  • 8.A Certificate issued under regulation 5 or 6 of this Annex shall cease to be valid in either of the following cases:
    • .1 if the relevant surveys are not completed within the periods specified under regulation 4.1 of this Annex; or
    • .2 upon transfer of the ship to the flag of another State. A new Certificate shall only be issued when the Government issuing the new Certificate is fully satisfied that the ship is in compliance with the requirements of regulations 4.7 and 4.8 of this Annex. In the case of a transfer between Parties, if requested within 3 months after the transfer has taken place, the Government of the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the Certificate carried by the ship before the transfer and, if available, copies of the relevant survey reports.

CHAPTER 3 EQUIPMENT AND CONTROL OF DISCHARGE

Regulation 9 Sewage Systems

  • 1.Every ship which, in accordance with regulation 2, is required to comply with the provisions of this Annex shall be equipped with one of the following sewage systems:
    • .1 a sewage treatment plant which shall be of a type approved by the Administration, taking into account the standards and test methods developed by the Organization18, or
    • .2 a sewage comminuting and disinfecting system approved by the Administration. Such system shall be fitted with facilities to the satisfaction of the Administration, for the temporary storage of sewage when the ship is less than 3 nautical miles from the nearest land, or
    • .3 a holding tank of the capacity to the satisfaction of the Administration for the retention of all sewage, having regard to the operation of the ship, the number of persons on board and other relevant factors. The holding tank shall be constructed to the satisfaction of the Administration and shall have a means to indicate visually the amount of its contents.
  • 2.By derogation from paragraph 1, every passenger ship which, in accordance with regulation 2, is required to comply with the provisions of this Annex, and for which regulation 11.3 applies while in a special area, shall be equipped with one of the following sewage systems:
    • .1 a sewage treatment plant which shall be of a type approved by the Administration, taking into account the standards and test methods developed by the Organization, or
    • .2 a holding tank of the capacity to the satisfaction of the Administration for the retention of all sewage, having regard to the operation of the ship, the number of persons on board and other relevant factors. The holding tank shall be constructed to the satisfaction of the Administration and shall have a means to indicate visually the amount of its contents.

Regulation 10 Standard Discharge Connections

  • 1.To enable pipes of reception facilities to be connected with the ship’s discharge pipeline, both lines shall be fitted with a standard discharge connection in accordance with the following table:
    STANDARD DIMENSIONS OF FLANGES FOR DISCHARGE CONNECTIONS
    Outside diameter 210 mm
    Inner diameter According to pipe outside diameter
    Bolt circle diameter 170 mm
    Slots in flange 4 holes 18 mm in diameter equidistantly placed on a bolt circle of the above diameter, slotted to the flange periphery. The slot width to be 18 mm
    Flange thickness 16 mm
    Bolts and nuts: quantity and diameter 4, each of 16 mm in diameter and of suitable length
    The flange is designed to accept pipes up to a maximum internal diameter of 100 mm and shall be of steel or other equivalent material having a flat face. This flange, together with a suitable gasket, shall be suitable for a service pressure of 600 kPa.

    For ships having a moulded depth of 5 metres and less, the inner diameter of the discharge connection may be 38 millimetres.
  • 2.For ships in dedicated trades, i.e. passenger ferries, alternatively the ship’s discharge pipeline may be fitted with a discharge connection which can be accepted by the Administration, such as quick connection couplings.

Regulation 11 Discharge of sewage

A Discharge of sewage from ships other than passenger ships in all areas and discharge of sewage from passenger ships outside special areas
  • 1.Subject to the provisions of regulation 3 of this Annex, the discharge of sewage into the sea is prohibited, except when:
    • .1 the ship is discharging comminuted and disinfected sewage using a system approved by the Administration in accordance with regulation 9.1.2 of this Annex at a distance of more than 3 nautical miles from the nearest land, or sewage which is not comminuted or disinfected at a distance of more than 12 nautical miles from the nearest land, provided that, in any case, the sewage that has been stored in holding tanks, or sewage originating from spaces containing living animals, shall not be discharged instantaneously but at a moderate rate when the ship is en route and proceeding at not less than 4 knots; the rate of discharge shall be approved by the Administration based upon standards developed by the Organization; or
    • .2the ship has in operation an approved sewage treatment plant which has been certified by the Administration to meet the operational requirements referred to in regulation 9.1.1 of this Annex, and the effluent shall not produce visible floating solids nor cause discoloration of the surrounding water.
  • 2.The provisions of paragraph 1 shall not apply to ships operating in the waters under the jurisdiction of a State and visiting ships from other States while they are in these waters and are discharging sewage in accordance with such less stringent requirements as may be imposed by such State.
B. Discharge of sewage from passenger ships within a special area
  • 3.Subject to the provisions of regulation 3 of this Annex, the discharge of sewage from a passenger ship within a special area shall be prohibited:
    • .1for new passenger ships, on a date determined by the Organization pursuant to regulation 13.2 of this Annex, but in no event prior to 1 June 2019; and
    • .2for existing passenger ships, on a date determined by the Organization pursuant to regulation 13.2 of this Annex, but in no event prior to 1 June 2021, except when the following conditions are satisfied: the ship has in operation an approved sewage treatment plant which has been certified by the Administration to meet the operational requirements referred to in regulation 9.2.1 of this Annex, and the effluent shall not produce visible floating solids nor cause discoloration of the surrounding water.
C General requirements
  • 4.When the sewage is mixed with wastes or waste water covered by other Annexes of MARPOL, the requirements of those Annexes shall be complied with in addition to the requirements of this Annex.

CHAPTER 4 RECEPTION FACILITIES

Regulation 12 Reception facilities

  • 1.The Government of each Party to the Convention, which requires ships operating in waters under its jurisdiction and visiting ships while in its waters to comply with the requirements of regulation 11.1, undertakes to ensure the provision of facilities at ports and terminals of the reception of sewage, without causing delay to ships, adequate to meet the needs of the ships using them.
  • 1bis.Small Island Developing States may satisfy the requirements in paragraph 1 of this regulation through regional arrangements when, because of those States’ unique circumstances, such arrangements are the only practical means to satisfy these requirements. Parties participating in a regional arrangement shall develop a Regional Reception Facilities Plan, taking into account the guidelines developed by the Organization.
    The Government of each Party participating in the arrangement shall consult with the Organization for circulation to the Parties of the present Convention:
    • .1.how the Regional Reception Facilities Plan takes into account the Guidelines;
    • .2.particulars of the identified Regional Ships Waste Reception Centres; and
    • .3.particulars of those ports with only limited facilities.
  • 2.The Government of each Party shall notify the Organization for transmission to the Contracting Governments concerned of all cases where the facilities provided under this regulation are alleged to be inadequate.

Regulation 13 Reception facilities for passenger ships in Special Areas

  • .1Each Party, the coastline of which borders a special area, undertakes to ensure that:
    • .1facilities for the reception of sewage are provided in ports and terminals which are in a special area and which are used by passenger ships;
    • .2the facilities are adequate to meet the needs of those passenger ships; and
    • .3the facilities are operated so as not to cause undue delay to those passenger ships.
  • .2The Government of each Party concerned shall notify the Organization of the measures taken pursuant to subparagraph .1 of this regulation. Upon receipt of sufficient notifications in accordance with subparagraph .1 the Organization shall establish a date from which the requirements of regulation 11.3 in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date. Until the date so established, ships while navigating in the special area shall comply with the requirements of regulation 11.1 of this Annex.

CHAPTER 5 PORT STATE CONTROL

Regulation 14 Port State control on operational requirements

  • 1. A ship when in a port or an offshore terminal of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, 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 sewage.
  • 2. In the circumstances given in paragraph (1) of this regulation, the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.
  • 3. Procedures relating to the port State control prescribed in article 5 of the present Convention shall apply to this regulation.
  • 4. Nothing in this regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.

CHAPTER 6 VERIFICATION OF COMPLIANCE WITH THE PROVISIONS OF THIS ANNEX

Regulation 15 Application

Parties shall use the provisions of the Code for Implementation in the execution of their obligations and responsibilities contained in this Annex.

Regulation 16 Verification of compliance

  • 1. Every Party shall be subject to periodic audits by the Organization in accordance with the audit standard to verify compliance with and implementation of this annex.
  • 2. The Secretary-General of the Organization shall have responsibility for administering the Audit Scheme, based on the guidelines developed by the Organization.
  • 3. Every Party shall have responsibility for facilitating the conduct of the audit and implementation of a programme of actions to address the findings, based on the guidelines developed by the Organization.
  • 4. Audit of all Parties shall be:
    • .1.based on an overall schedule developed by the Secretary-General of the Organization, taking into account the guidelines developed by the Organization; and
    • .2.conducted at periodic intervals, taking into account the guidelines developed by the Organization.

CHAPTER 7 INTERNATIONAL CODE FOR SHIPS OPERATING IN POLAR WATERS

Regulation 17 Definitions

For the purpose of this Annex,

  • 1. Polar Code means the International Code for ships operating in polar waters, consisting of an introduction, part I-A and part II-A and parts I-B and II-B, as adopted by resolutions MSC.385(94) and MEPC.264(68), as may be amended, provided that:
    • .1amendments to the environment-related provisions of the introduction and chapter 4 of part II-A of the Polar Code are adopted, brought into force and take effect in accordance with the provisions of article 16 of the present Convention concerning the amendment procedures applicable to an appendix to an annex; and
    • .2amendments to part II-B of the Polar Code are adopted by the Marine Environment Protection Committee in accordance with its Rules of Procedure.
  • 2. Antarctic area means the sea area south of latitude 60° S.
  • 3. Arctic waters means those waters which are located north of a line from the latitude 58°00'.0 N and longitude 042°00'.0 W to latitude 64°37'.0 N, longitude 035°27'.0 W and thence by a rhumb line to latitude 67°03'.9 N, longitude 026°33'.4 W and thence by a rhumb line to the latitude 70°49'.56 N and longitude 008°59'.61 W (Sørkapp, Jan Mayen) and by the southern shore of Jan Mayen to 73°31'.6 N and 019°01'.0 E by the Island of Bjørnøya, and thence by a great circle line to the latitude 68°38'.29 N and longitude 043°23'.08 E (Cap Kanin Nos) and hence by the northern shore of the Asian Continent eastward to the Bering Strait and thence from the Bering Strait westward to latitude 60° N as far as Il’pyrskiy and following the 60th North parallel eastward as far as and including Etolin Strait and thence by the northern shore of the North American continent as far south as latitude 60° N and thence eastward along parallel of latitude 60° N, to longitude 056°37'.1 W and thence to the latitude 58°00'.0 N, longitude 042°00'.0 W.
  • 4. Polar waters means Arctic waters and/or the Antarctic area.

Regulation 18 Application and requirements

  • 1. This chapter applies to all ships certified in accordance with this Annex operating in polar waters.
  • 2. Unless expressly provided otherwise, any ship covered by paragraph 1 of this regulation shall comply with the environment-related provisions of the introduction and with chapter 4 of part II-A of the Polar Code, in addition to any other applicable requirements of this Annex.

Appendix Form of International Sewage Pollution Prevention Certificate

International Sewage Pollution Prevention Certificate

Issued under the provisions of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, and as amended by resolution MEPC. 115(51), (hereinafter referred to as “the Convention”) under the authority of the Government of:

....................................................................................................................

(full designation of the country)

by ...............................................................................................................

(full designation of the competent person or organization authorized under the provisions of the Convention)

Particulars of ship 19

Type of ship for the application of regulation 11.3:20

New/Existing passenger ship

Ship other than a passenger ship

Name of ship ................................................................................................

Distinctive number or letters ...........................................................................

Port of registry ..............................................................................................

Gross tonnage ..............................................................................................

Number of persons which the ship is certified to carry .......................................

IMO Number21 .......................................................................................

New/existing ship22 .......................................................................................

Date on which keel was laid or ship was at a similar stage of construction or, where applicable, date on which work for a conversion or an alteration or modification of a major character was commenced ..............

THIS IS TO CERTIFY

  • 1. That the ship is equipped with a sewage treatment plant/comminuter/holding tank23 and a discharge pipeline in compliance with regulations 9 and 10 of Annex IV of the Convention as follows:
    • *1.1 Description of the sewage treatment plant:
      Type of sewage treatment plant ....
      Name of manufacturer ...
      The sewage treatment plant is certified by the Administration to meet the effluent standards as provided for in resolution MEPC.2(VI).
      The sewage treatment plant is certified by the Administration to meet the effluent standards as provided for in resolution MEPC.159(55).
      The sewage treatment plant is certified by the Administration to meet the effluent standards as provided for in the Guidelines on implementation of effluent standards and performance test for sewage treatment plants, adopted by resolution MEPC.227(64), as amended, including/excluding24 the standards of section 4.2 thereof.
    • *1.2 Description of comminuter:
      Type of comminuter ...............................................
      Name of manufacturer ............................................
      Standard of sewage after disinfection ......................
    • *1.3 Description of holding tank:
      Total capacity of the holding tank .............................. m3
      Location ..................................................................
    • 1.4 A pipeline for the discharge of sewage to a reception facility, fitted with a standard shore connection
  • 2. That the ship has been surveyed in accordance with regulation 4 of Annex IV of the Convention.
  • 3. That the survey shows that the structure, equipment, systems, fittings, arrangements and material of the ship and the condition thereof are in all respects satisfactory and that the ship complies with the applicable requirements of Annex IV of the Convention.

This Certificate is valid until ........................................................ 25 subject to surveys in accordance with regulation 4 of Annex IV of the Convention.

Completion date of survey on which this Certificate is based: ............................................... dd/mm/yyyy

Issued at ....................................................

(Place of issue of Certificate)   ........................

...................................................................

(Date of issue)

...................................................................

(Signature of authorized official issuing the Certificate)  

(Seal or stamp of the authority, as appropriate)

Endorsement to extend the Certificate if valid for less than 5 years where regulation 8.3. applies

The ship complies with the relevant provisions of the Convention, and this Certificate shall, in accordance with regulation 8.3 of Annex IV of the Convention, be accepted as valid until ..................................................................

Signed: ..........................................................

(signature of authorized official)

Place: ............................................................

Date: ............................................................

(Seal or stamp of the authority, as appropriate)

Endorsement where the renewal survey has been completed and regulation 8.4 applies

The ship complies with the relevant provisions of the Convention, and this Certificate shall, in accordance with regulation 8.4 of Annex IV of the Convention, be accepted as valid until ......................................................

Signed: .........................................................

(signature of authorized official)

Place: ...........................................................

Date:............................................................

(Seal or stamp of the authority, as appropriate)

Endorsement to extend the validity of the Certificate until reaching the port of survey or for a period of grace where regulation 8.5 or 8.6 applies

This certificate shall, in accordance with regulation 8.5 or 8.626 of Annex IV of the Convention, be accepted as valid until .................................

Signed: ................................................................................................

(signature of authorized official)

Place: .................................................................................................

Date: ..................................................................................................

(Seal or stamp of the authority, as appropriate)

ANNEX V REGULATIONS FOR THE PREVENTION OF POLLUTION BY GARBAGE FROM SHIPS

CHAPTER 1 GENERAL

Regulation 1 Definitions

For the purposes of this Annex:

  • 1 Animal carcasses means the bodies of any animals that are carried on board as cargo and that die or are euthanized during the voyage.
  • 2 Cargo residues means the remnants of any cargo which are not covered by other Annexes to the present Convention and which remain on the deck or in holds following loading or unloading, including loading and unloading excess or spillage, whether in wet or dry condition or entrained in wash water but does not include cargo dust remaining on the deck after sweeping or dust on the external surfaces of the ship.
  • 3 Cooking oil means any type of edible oil or animal fat used or intended to be used for the preparation or cooking of food, but does not include the food itself that is prepared using these oils.
  • 4 Domestic wastes means all types of wastes not covered by other Annexes that are generated in the accommodation spaces on board the ship. Domestic wastes does not include grey water.
  • 5 En route means that the ship is underway at sea on a course or courses, including deviation from the shortest direct route, which as far as practicable for navigational purposes, will cause any discharge to be spread over as great an area of the sea as is reasonable and practicable.
  • 6 Fishing gear means any physical device or part thereof or combination of items that may be placed on or in the water or on the sea-bed with the intended purpose of capturing, or controlling for subsequent capture or harvesting, marine or fresh water organisms.
  • 7 Fixed or floating platforms means fixed or floating structures located at sea which are engaged in the exploration, exploitation or associated offshore processing of sea-bed mineral resources.
  • 8 Food wastes means any spoiled or unspoiled food substances and includes fruits, vegetables, dairy products, poultry, meat products and food scraps generated aboard ship.
  • 9 Garbage means all kinds of food wastes, domestic wastes and operational wastes, all plastics, cargo residues, cooking oil, fishing gear, and animal carcasses generated during the normal operation of the ship and liable to be disposed of continuously or periodically except those substances which are defined or listed in other Annexes to the present Convention. Garbage does not include fresh fish and parts thereof generated as a result of fishing activities undertaken during the voyage, or as a result of aquaculture activities which involve the transport of fish including shellfish for placement in the aquaculture facility and the transport of harvested fish including shellfish from such facilities to shore for processing.
  • 10 Incinerator ashes means ash and clinkers resulting from shipboard incinerators used for the incineration of garbage.
  • 11 Nearest land. The term “from the nearest land” means from the baseline from which the territorial sea of the territory in question is established in accordance with international law, except that, for the purposes of the present Annex, “from the nearest land” off the north-eastern coast of Australia shall mean from a line drawn from a point on the coast of Australia in:
    latitude 11°00’ S, longitude 142°08’ E
    to a point in latitude 10°35’ S, longitude 141°55’ E,
    thence to a point latitude 10°00’ S, longitude 142°00’ E,
    thence to a point latitude 09°10’ S, longitude 143°52’ E,
    thence to a point latitude 09°00’ S, longitude 144°30’ E,
    thence to a point latitude 10°41’ S, longitude 145°00’ E,
    thence to a point latitude 13°00’ S, longitude 145°00’ E,
    thence to a point latitude 15°00’ S, longitude 146°00’ E,
    thence to a point latitude 17°30’ S, longitude 147°00’ E,
    thence to a point latitude 21°00’ S, longitude 152°55’ E,
    thence to a point latitude 24°30’ S, longitude 154°00’ E,
    thence to a point on the coast of Australia in latitude 24°42’ S, longitude 153°15’ E.
  • 12 Operational wastes means all solid wastes (including slurries) not covered by other Annexes that are collected on board during normal maintenance or operations of a ship, or used for cargo stowage and handling. Operational wastes also includes cleaning agents and additives contained in cargo hold and external wash water. Operational wastes does not include grey water, bilge water, or other similar discharges essential to the operation of a ship, taking into account the guidelines developed by the Organization.
  • 13 Plastic means a solid material which contains as an essential ingredient one or more high molecular mass polymers and which is formed (shaped) during either manufacture of the polymer or the fabrication into a finished product by heat and/or pressure. Plastics have material properties ranging from hard and brittle to soft and elastic. For the purposes of this annex, “all plastics” means all garbage that consists of or includes plastic in any form, including synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products.
  • 14 Special area means a sea area where for recognized technical reasons in relation to its oceanographic and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by garbage is required.
    For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the Gulfs area, the North Sea area, the Antarctic area and the Wider Caribbean Region, which are defined as follows:
    • .1The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41º N parallel and bounded to the west by the Straits of Gibraltar at the meridian 5°36’ W.
    • .2The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia and the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57º 44.8’ N.
    • .3The Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41º N.
    • .4The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12º 28.5’ N, 43º 19.6’ E) and Husn Murad (12º 40.4’ N, 43º 30.2’ E).
    • .5The Gulfs area means the sea area located north-west of the rhumb line between Ras al Hadd (22º 30’ N, 59º 48’ E) and Ras al Fasteh (25º 04’ N, 61º 25’ E).
    • .6The North Sea area means the North Sea proper including seas therein with the boundary between:
      • .1the North Sea southwards of latitude 62º N and eastwards of longitude 4º W;
      • .2the Skagerrak, the southern limit of which is determined east of the Skaw by latitude 57º 44.8’ N; and
      • .3the English Channel and its approaches eastwards of longitude 5º W and northwards of latitude 48º 30’ N.
    • .7The Antarctic area means the sea area south of latitude 60º S.
    • .8The Wider Caribbean Region means the Gulf of Mexico and Caribbean Sea proper including the bays and seas therein and that portion of the Atlantic Ocean within the boundary constituted by the 30° N parallel from Florida eastward to 77°30’ W meridian, thence a rhumb line to the intersection of 20° N parallel and 59° W meridian, thence a rhumb line to the intersection of 7°20’ N parallel and 50° W meridian, thence a rhumb line drawn southwesterly to the eastern boundary of French Guiana.
  • 15 Audit means a systematic, independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled.
  • 16 Audit Scheme means the IMO Member State Audit Scheme established by the Organization and taking into account the guidelines developed by the Organization.
  • 17 Code for Implementation means the IMO Instruments Implementation Code (III Code) adopted by the Organization by resolution A.1070(28).
  • 18 Audit Standard means the Code for Implementation.

Regulation 2 Application

Unless expressly provided otherwise, the provisions of this Annex shall apply to all ships.

Regulation 3 General prohibition on discharge of garbage into the sea

  • 1. Discharge of all garbage into the sea is prohibited, except as provided otherwise in regulation 4, 5, 6 and 7 of this Annex and section 5.2 of part II-A of the Polar Code, as defined in regulation 13.1 of this Annex.
  • 2. Except as provided in regulation 7 of this Annex, discharge into the sea of all plastics, including but not limited to synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products is prohibited.
  • 3. Except as provided in regulation 7 of this Annex, the discharge into the sea of cooking oil is prohibited.

Regulation 4 Discharge of garbage outside special areas

  • 1. Subject to the provisions of regulations 5, 6, and 7 of this Annex, discharge of the following garbage into the sea outside special areas shall only be permitted while the ship is en route and as far as practicable from the nearest land, but in any case not less than:
    • .13 nautical miles from the nearest land for food wastes which have been passed through a comminuter or grinder. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 mm.
    • .212 nautical miles from the nearest land for food wastes that have not been treated in accordance with subparagraph .1 above.
    • .312 nautical miles from the nearest land for cargo residues that cannot be recovered using commonly available methods for unloading. These cargo residues shall not contain any substances classified as harmful to the marine environment, in accordance with the criteria set out in appendix I of this Annex.
    • .4For animal carcasses, discharge shall occur as far from the nearest land as possible, taking into account the guidelines developed by the Organization.
  • 2. Cleaning agents or additives contained in cargo hold, deck and external surfaces wash water may be discharged into the sea, but these substances must not be harmful to the marine environment, taking into account guidelines developed by the Organization.
  • 3. Solid bulk cargoes as defined in regulation VI/1-1.2 of the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended, other than grain, shall be classified in accordance with appendix I of this Annex, and declared by the shipper as to whether or not they are harmful to the marine environment.
  • 4. When garbage is mixed with or contaminated by other substances prohibited from discharge or having different discharge requirements, the more stringent requirements shall apply.

Regulation 5 Special requirements for discharge of garbage from fixed or floating platforms

  • 1. Subject to the provisions of paragraph 2 of this regulation, the discharge into the sea of any garbage is prohibited from fixed or floating platforms and from all other ships when alongside or within 500 m of such platforms.
  • 2. Food wastes may be discharged into the sea from fixed or floating platforms located more than 12 nautical miles from the nearest land and from all other ships when alongside or within 500 m of such platforms, but only when the wastes have been passed through a comminuter or grinder. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 mm.

Regulation 6 Discharge of garbage within special areas

  • 1. Discharge of the following garbage into the sea within special areas shall only be permitted while the ship is en route and as follows:
    • .1Discharge into the sea of food wastes as far as practicable from the nearest land, but not less than 12 nautical miles from the nearest land or the nearest ice shelf. Food wastes shall be comminuted or ground and shall be capable of passing through a screen with openings no greater than 25 mm. Food wastes shall not be contaminated by any other garbage type. Discharge of introduced avian products, including poultry and poultry parts, is not permitted in the Antarctic area unless it has been treated to be made sterile.
    • .2Discharge of cargo residues that cannot be recovered using commonly available methods for unloading, where all the following conditions are satisfied:
      • .1Cargo residues contained in hold washing water do not include any substances classified as harmful to the marine environment according to the criteria set out in appendix I of this Annex;
      • .2Solid bulk cargoes as defined in regulation VI/1-1.2 of the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended, other than grain, shall be classified in accordance with appendix I of this Annex, and declared by the shipper as to whether or not they are harmful to the marine environment;
      • .3Cleaning agents or additives contained in hold washing water do not include any substances classified as harmful to the marine environment taking into account guidelines developed by the Organization;
      • .4Both the port of departure and the next port of destination are within the special area and the ship will not transit outside the special area between those ports;
      • .5No adequate reception facilities are available at those ports taking into account guidelines developed by the Organization; and
      • .6Where the conditions of subparagraphs .2.1 to .2.5 of this paragraph have been fulfilled, discharge of cargo hold washing water containing residues shall be made as far as practicable from the nearest land or the nearest ice shelf and not less than 12 nautical miles from the nearest land or the nearest ice shelf.
  • 2. Cleaning agents or additives contained in deck and external surfaces wash water may be discharged into the sea, but only if these substances are not harmful to the marine environment, taking into account guidelines developed by the Organization.
  • 3. The following rules (in addition to the rules in paragraph 1 of this regulation) apply with respect to the Antarctic area:
    • .1Each Party at whose ports ships depart en route to or arrive from the Antarctic area undertakes to ensure that as soon as practicable adequate facilities are provided for the reception of all garbage from all ships, without causing undue delay, and according to the needs of the ships using them.
    • .2Each Party shall ensure that all ships entitled to fly its flag, before entering the Antarctic area, have sufficient capacity on board for the retention of all garbage, while operating in the area and have concluded arrangements to discharge such garbage at a reception facility after leaving the area.
  • 4. When garbage is mixed with or contaminated by other substances prohibited from discharge or having different discharge requirements, the more stringent requirements shall apply.

Regulation 7 Exceptions

  • 1. Regulations 3, 4, 5 and 6 of this Annex and section 5.2 of chapter 5 of part II-A of the Polar Code shall not apply to:
    • .1The discharge of garbage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or
    • .2The accidental loss of garbage resulting from damage to a ship or its equipment, provided that all reasonable precautions have been taken before and after the occurrence of the damage, to prevent or minimize the accidental loss; or
    • .3The accidental loss of fishing gear from a ship provided that all reasonable precautions have been taken to prevent such loss; or
    • .4The discharge of fishing gear from a ship for the protection of the marine environment or for the safety of that ship or its crew.
  • 2. Exception of en route:
    • .1The en route requirements of regulations 4 and 6 of this Annex and chapter 5 of part II-A of the Polar Code shall not apply to the discharge of food wastes where it is clear the retention on board of these food wastes presents an imminent health risk to the people on board.

Regulation 8 Reception facilities

  • 1. Each Party undertakes to ensure the provision of adequate facilities at ports and terminals for the reception of garbage without causing undue delay to ships, and according to the needs of the ships using them.
  • 2. Reception facilities within special areas
    • .1Each Party, the coastline of which borders a special area, undertakes to ensure that as soon as possible, in all ports and terminals within the special area, adequate reception facilities are provided, taking into account the needs of ships operating in these areas.
    • .2Each Party concerned shall notify the Organization of the measures taken pursuant to paragraph 2.1 of this regulation. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of regulation 6 of this Annex in respect of the area in question are to take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date. Until the date so established, ships that are navigating in a special area shall comply with the requirements of regulation 4 of this Annex as regards discharges outside special areas.
  • 2bis. Small Island Developing States may satisfy the requirements in paragraphs 1 and 2.1 of this regulation through regional arrangements when, because of those States’ unique circumstances, such arrangements are the only practical means to satisfy these requirements. Parties participating in a regional arrangement shall develop a Regional Reception Facilities Plan, taking into account the guidelines developed by the Organization.
    The Government of each Party participating in the Arrangement shall consult with the Organization for circulation to the Parties of the present Convention:
    • .1.how the Regional Reception Facilities Plan takes into account the Guidelines;
    • .2.particulars of the identified Regional Ships Waste Reception Centres; and
    • .3.particulars of those ports with only limited facilities.
  • 3. Each Party shall notify the Organization for transmission to the Contracting Parties concerned of all cases where the facilities provided under this regulation are alleged to be inadequate.

Regulation 9 Port State control on operational requirements

  • 1. A ship when in a port or an offshore terminal of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, 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 garbage.
  • 2. In the circumstances given in paragraph 1 of this regulation, the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.
  • 3. Procedures relating to the port State control prescribed in article 5 of the present Convention shall apply to this regulation.
  • 4. Nothing in this regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.

Regulation 10 Placards, garbage management plans and garbage record keeping

  • 1.
    • .1Every ship of 12 m or more in length overall and fixed or floating platforms shall display placards which notify the crew and passengers of the discharge requirements of regulations 3, 4, 5 and 6 of this Annex and section 5.2 of part II-A of the Polar Code, as applicable.
    • .2The placards shall be written in the working language of the ship’s crew and, for ships engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention, shall also be in English, French or Spanish.
  • 2. Every ship of 100 gross tonnage and above, and every ship which is certified to carry 15 or more persons, and fixed or floating platforms shall carry a garbage management plan which the crew shall follow. This plan shall provide written procedures for minimizing, collecting, storing, processing and disposing of garbage, including the use of the equipment on board. It shall also designate the person or persons in charge of carrying out the plan. Such a plan shall be based on the guidelines developed by the Organization 2 and written in the working language of the crew.
  • 3. Every ship of 400 gross tonnage and above and every ship which is certified to carry 15 or more persons engaged in voyages to ports or offshore terminals under the jurisdiction of another Party to the Convention and every fixed or floating platform shall be provided with a Garbage Record Book. The Garbage Record Book, whether as a part of the ship’s official log-book or otherwise, shall be in the form specified in appendix II to this Annex:
    • .1Each discharge into the sea or to a reception facility, or a completed incineration, shall be promptly recorded in the Garbage Record Book and signed for on the date of the discharge or incineration by the officer in charge. Each completed page of the Garbage Record Book shall be signed by the master of the ship. The entries in the Garbage Record Book shall be at least in English, French or Spanish. Where the entries are also made in an official language of the State whose flag the ship is entitled to fly, the entries in that language shall prevail in case of a dispute or discrepancy;
    • .2The entry for each discharge into the sea under regulations 4, 5, 6 or section 5.2 of chapter 5 of part II-A of the Polar Code shall include date and time, position of the ship (latitude and longitude), category of the garbage and the estimated amount (in cubic metres) discharged. For discharge of cargo residues the discharge start and stop positions shall be recorded in addition to the foregoing;
    • .3The entry for each completed incineration shall include date and time and position of the ship (latitude and longitude) at the start and stop of incineration, categories of garbage incinerated and the estimated amount incinerated for each category in cubic metres;
    • .4The entry for each discharge to a port reception facility or another ship shall include date and time of discharge, port or facility or name of ship, categories of garbage discharged, and the estimated amount discharged for each category in cubic metres;
    • .5The Garbage Record Book along with receipts obtained from reception facilities shall be kept on board the ship or the fixed or floating platform, and in such a place as to be readily available for inspection at all reasonable times. This document shall be preserved for a period of at least two years from the date of the last entry made in it;
    • .6In the event of any discharge or accidental loss referred to in regulation 7 of this Annex an entry shall be made in the Garbage Record Book, or in the case of any ship of less than 400 gross tonnage, an entry shall be made in the ship's official log-book of the date and time of occurrence, port or position of the ship at time of occurrence (latitude, longitude and water depth if known), the reason for the discharge or loss, details of the items discharged or lost, categories of garbage discharged or lost, estimated amount for each category in cubic metres, reasonable precautions taken to prevent or minimize such discharge or accidental loss and general remarks.
  • 4. The Administration may waive the requirements for Garbage Record Books for:
    • .1Any ship engaged on voyages of one (1) hour or less in duration which is certified to carry 15 or more persons; or
    • .2Fixed or floating platforms.
  • 5. The competent authority of the Government of a Party to the Convention may inspect the Garbage Record Books or ship’s official log–book on board any ship to which this regulation applies while the ship is in its ports or offshore terminals and may make a copy of any entry in those books, and may require the master of the ship to certify that the copy is a true copy of such an entry. Any copy so made, which has been certified by the master of the ship as a true copy of an entry in the ship’s Garbage Record Book or ship’s official log-book, shall be admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of a Garbage Record Book or ship’s official log-book and the taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.
  • 6. The accidental loss or discharge of fishing gear as provided for in regulations 7.1.3 and 7.1.3bis which poses a significant threat to the marine environment or navigation shall be reported to the State whose flag the ship is entitled to fly, and, where the loss or discharge occurs within waters subject to the jurisdiction of a coastal State, also to that coastal State.

CHAPTER 2 VERIFICATION OF COMPLIANCE WITH THE PROVISIONS OF THIS ANNEX

Regulation 11 Application

Parties shall use the provisions of the Code for Implementation in the execution of their obligations and responsibilities contained in this Annex.

Regulation 12 Verification of compliance

  • 1. Every Party shall be subject to periodic audits by the Organization in accordance with the audit standard to verify compliance with and implementation of this Annex.
  • 2. The Secretary-General of the Organization shall have responsibility for administering the Audit Scheme, based on the guidelines developed by the Organization.
  • 3. Every Party shall have responsibility for facilitating the conduct of the audit and implementation of a programme of actions to address the findings, based on the guidelines developed by the Organization.
  • 4. Audit of all Parties shall be:
    • .1.based on an overall schedule developed by the Secretary-General of the Organization, taking into account the guidelines developed by the Organization; and
    • .2.conducted at periodic intervals, taking into account the guidelines developed by the Organization.

CHAPTER 3 INTERNATIONAL CODE FOR SHIPS OPERATING IN POLAR WATERS

Regulation 13 Definitions

For the purpose of this Annex,

  • 1. Polar Code means the International Code for Ships Operating in Polar Waters, consisting of an introduction, part I-A and part II-A and parts I-B and II-B, as adopted by resolutions MSC.385(94) and MEPC.264(68), as may be amended, provided that:
    • .1amendments to the environment-related provisions of the introduction and chapter 5 of part II-A of the Polar Code are adopted, brought into force and take effect in accordance with the provisions of article 16 of the present Convention concerning the amendment procedures applicable to an appendix to an annex; and
    • .2amendments to part II-B of the Polar Code are adopted by the Marine Environment Protection Committee in accordance with its Rules of Procedure.
  • 2. Arctic waters means those waters which are located north of a line from the latitude 58°00'.0 N and longitude 042°00'.0 W to latitude 64°37'.0 N, longitude 035°27'.0 W and thence by a rhumb line to latitude 67°03'.9 N, longitude 026°33'.4 W and thence by a rhumb line to the latitude 70°49'.56 N and longitude 008°59'.61 W (Sørkapp, Jan Mayen) and by the southern shore of Jan Mayen to 73°31'.6 N and 019°01'.0 E by the Island of Bjørnøya, and thence by a great circle line to the latitude 68°38'.29 N and longitude 043°23'.08 E (Cap Kanin Nos) and hence by the northern shore of the Asian Continent eastward to the Bering Strait and thence from the Bering Strait westward to latitude 60° N as far as Il’pyrskiy and following the 60th North parallel eastward as far as and including Etolin Strait and thence by the northern shore of the North American continent as far south as latitude 60° N and thence eastward along parallel of latitude 60° N, to longitude 056°37'.1 W and thence to the latitude 58°00'.0 N, longitude 042°00'.0 W.
  • 3. Polar waters means Arctic waters and/or the Antarctic area.

Regulation 14 Application and requirements

  • 1. This chapter applies to all ships to which this Annex applies, operating in polar waters.
  • 2. Unless expressly provided otherwise, any ship covered by paragraph 1 of this regulation shall comply with the environment-related provisions of the introduction and with chapter 5 of part II-A of the Polar Code, in addition to any other applicable requirements of this Annex.
  • 3. In applying chapter 5 of part II-A of the Polar Code, consideration should be given to the additional guidance in part II-B of the Polar Code.

Appendix I Criteria for the classification of solid bulk cargoes as harmful to the marine environment

For the purpose of this Annex, cargo residues are considered to be harmful to the marine environment (HME) if they are residues of solid bulk cargoes which are classified according to the criteria of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS) meeting the following parameters:

  • .1Acute Aquatic Toxicity Category 1; and/or
  • .2Chronic Aquatic Toxicity Category 1 or 2; and/or
  • .3Carcinogenicity Category 1A or 1B combined with not being rapidly degradable and having high bioaccumulation; and/or
  • .4Mutagenicity Category 1A or 1B combined with not being rapidly degradable and having high bioaccumulation; and/or
  • .5Reproductive Toxicity Category 1A or 1B combined with not being rapidly degradable and having high bioaccumulation; and/or
  • .6Specific Target Organ Toxicity Repeated Exposure Category 1 combined with not being rapidly degradable and having high bioaccumulation; and/or
  • .7Solid bulk cargoes containing or consisting of synthetic polymers, rubber, plastics, or plastic feedstock pellets (this includes materials that are shredded, milled, chopped or macerated or similar materials).

Appendix II Form of Garbage Record Book

Name of ship: ...

Distinctive number or letters: ...

IMO No.: ...

Period: ... From: ... To: ...

  • I Introduction
    In accordance with regulation 10 of Annex V of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL), a record is to be kept of each discharge operation or completed incineration. This includes discharges into the sea, to reception facilities, or to other ships, as well as the accidental loss of garbage.
  • 2 Garbage and garbage management
    Garbage means all kinds of food wastes, domestic wastes and operational wastes, all plastics, cargo residues, cooking oil, fishing gear, and animal carcasses generated during the normal operation of the ship and liable to be disposed of continuously or periodically except those substances which are defined or listed in other Annexes to the present Convention. Garbage does not include fresh fish and parts thereof generated as a result of fishing activities undertaken during the voyage, or as a result of aquaculture activities which involve the transport of fish including shellfish for placement in the aquaculture facility and the transport of harvested fish including shellfish from such facilities to shore for processing.
    The Guidelines for the Implementation of Annex V of MARPOL should also be referred to for relevant information.
  • 3 Description of the garbage
    Garbage is to be grouped into categories for the purposes of recording in parts I and II of the Garbage Record Book (or ship's official log-book) as follows:
    Part I
    A Plastics
    B Food wastes
    C Domestic wastes
    D Cooking oil
    E Incinerator ashes
    F Operational wastes
    G Animal carcasses
    H Fishing gear
    I E-waste
    Part II
    J Cargo residues (non-HME)
    K Cargo residues (HME)
  • 4 Entries in the Garbage Record Book
    • 4.1Entries in the Garbage Record Book shall be made on each of the following occasions:
      • 4.1.1When garbage is discharged to a reception facility ashore or to other ships:
        • .1Date and time of discharge
        • .2Port or facility, or name of ship
        • .3Categories of garbage discharged
        • .4Estimated amount discharged for each category in cubic metres
        • .5Signature of officer in charge of the operation.
      • 4.1.2When garbage is incinerated:
        • .1Date and time of start and stop of incineration
        • .2Position of the ship (latitude and longitude) at the start and stop of incineration
        • .3Categories of garbage incinerated
        • .4Estimated amount incinerated in cubic metres
        • .5Signature of the officer in charge of the operation.
      • 4.1.3When garbage is discharged into the sea in accordance with regulations 4, 5 or 6 of MARPOL Annex V or chapter 5 of part II-A of the Polar Code:
        • .1Date and time of discharge
        • .2Position of the ship (latitude and longitude).
          Note: for cargo residue discharges, include discharge start and stop positions.
        • .3Category of garbage discharged
        • .4Estimated amount discharged for each category in cubic metres
        • .5Signature of the officer in charge of the operation.
      • 4.1.4Accidental or other exceptional discharges or loss of garbage into the sea, including in accordance with regulation 7 of Annex V of MARPOL:
        • .1Date and time of occurrence
        • .2Port or position of the ship at time of occurrence (latitude, longitude and water depth if known)
        • .3Categories of garbage discharged or lost
        • .4Estimated amount for each category in cubic metres
        • .5The reason for the discharge or loss and general remarks.
    • 4.2Amount of garbage
      The amount of garbage on board should be estimated in cubic metres, if possible separately according to category. The Garbage Record Book contains many references to estimated amount of garbage. It is recognized that the accuracy of estimating amounts of garbage is left to interpretation. Volume estimates will differ before and after processing. Some processing procedures may not allow for a usable estimate of volume, e.g., the continuous processing of food waste. Such factors should be taken into consideration when making and interpreting entries made in a record.
RECORD OF GARBAGE DISCHARGES
PART I
For all garbage other than cargo residues as defined in regulation 1.2 (Definitions)

(All ships)

Ship’s name Distinctive number or letters IMO number
Garbage categories
A-Plastics B-Food waste C-Domestic wastes D-Cooking oil
E-Incinerator ashes F-Operational wastes G-Animal carcasses H-Fishing gear I-E-waste
Discharges under MARPOL Annex V regulations 4 (Discharge of garbage outside special areas), 5 (Special requirements for discharge of garbage from fixed or floating platforms) or 6 (Discharge of garbage within special areas) or chapter 5 of part II-A of the Polar Code
Into sea (m3) To reception facilities or to another ship (m3)
/ :              
/ :              
/ :              
/ :              
Exceptional discharge or loss of garbage under regulation 7 (Exceptions)
/ :          
/ :          
  Master's signature: Date:
PART II
For all cargo residues as defined in regulation 1.2 (Definitions)

(Ships that carry solid bulk cargoes)

Ship's name Distinctive number or letters IMO number
Garbage categories
J- Cargo residues (non-HME) K- Cargo residues (HME)
Discharges under regulations 4 (Discharge of garbage outside special areas) and 6 (Discharge of garbage within special areas)
/ :            
/ :            
/ :            
/ :            
  Master's signature: Date:  

Annex VI Regulations for the Prevention of Air Pollution from Ships

CHAPTER 1 GENERAL

Regulation 1 Application

The provisions of this Annex shall apply to all ships, except where expressly provided otherwise in regulations 3, 5, 6, 13, 15, 16, 18, 19, 20, 21, 22 and 22A of this Annex.

Regulation 2 Definitions

For the purpose of this Annex:

  • 1. Annex means Annex VI to the International Convention for the Prevention of Pollution from Ships 1973 (MARPOL), as modified by the Protocol of 1978 relating thereto, and as modified by the Protocol of 1997, as amended by the Organization, provided that such amendments are adopted and brought into force in accordance with the provisions of article 16 of the present Convention.
  • 2. A similar stage of construction means the stage at which:
    • .1.construction identifiable with a specific ship begins; and
    • .2.assembly of that ship has commenced comprising at least 50 tons or one per cent of the estimated mass of all structural material, whichever is less.
  • 3. Anniversary date means the day and the month of each year which will correspond to the date of expiry of the International Air Pollution Prevention Certificate.
  • 4. Auxiliary control device means a system, function, or control strategy installed on a marine diesel engine that is used to protect the engine and/or its ancillary equipment against operating conditions that could result in damage or failure, or that is used to facilitate the starting of the engine. An auxiliary control device may also be a strategy or measure that has been satisfactorily demonstrated not to be a defeat device.
  • 5. Continuous feeding is defined as the process whereby waste is fed into a combustion chamber without human assistance while the incinerator is in normal operating conditions with the combustion chamber operative temperature between 850°C and 1,200°C.
  • 6. Defeat device means a device which measures, senses, or responds to operating variables (e.g., engine speed, temperature, intake pressure or any other parameter) for the purpose of activating, modulating, delaying or deactivating the operation of any component or the function of the emission control system such that the effectiveness of the emission control system is reduced under conditions encountered during normal operation, unless the use of such a device is substantially included in the applied emission certification test procedures.
  • 7. Emission means any release of substances, subject to control by this Annex, from ships into the atmosphere or sea.
  • 8. Emission Control Area means an area where the adoption of special mandatory measures for emissions from ships is required to prevent, reduce and control air pollution from NOx or SOx and particulate matter or all three types of emissions and their attendant adverse impacts on human health and the environment. Emission Control Areas shall include those listed in, or designated under, regulations 13 and 14 of this Annex.
  • 9. Fuel oil means any fuel delivered to and intended for combustion purposes for propulsion or operation on board a ship, including gas, distillate and residual fuels.
  • 10. Gross tonnage means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I to the International Convention on Tonnage Measurements of Ships, 1969 or any successor Convention.
  • 11. Installations in relation to regulation 12 of this Annex means the installation of systems, equipment including portable fire-extinguishing units, insulation, or other material on a ship, but excludes the repair or recharge of previously installed systems, equipment, insulation, or other material, or the recharge of portable fire-extinguishing units.
  • 12. Installed means a marine diesel engine that is or is intended to be fitted on a ship, including a portable auxiliary marine diesel engine, only if its fuelling, cooling, or exhaust system is an integral part of the ship. A fuelling system is considered integral to the ship only if it is permanently affixed to the ship. This definition includes a marine diesel engine that is used to supplement or augment the installed power capacity of the ship and is intended to be an integral part of the ship.
  • 13. Irrational emission control strategy means any strategy or measure that, when the ship is operated under normal conditions of use, reduces the effectiveness of an emission control system to a level below that expected on the applicable emission test procedures.
  • 14. Marine diesel engine means any reciprocating internal combustion engine operating on liquid or dual fuel, to which regulation 13 of this Annex applies, including booster/compound systems if applied. In addition, a gas fuelled engine installed on a ship constructed on or after 1 March 2016 or a gas fuelled additional or non-identical replacement engine installed on or after that date is also considered as a marine diesel engine.
  • 15. NOx Technical Code means the Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines adopted by resolution 2 of the 1997 MARPOL Conference, as amended by the Organization, provided that such amendments are adopted and brought into force in accordance with the provisions of article 16 of the present Convention.
  • 16. Ozone depleting substances means controlled substances defined in paragraph (4) of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, listed in Annexes A, B, C or E to the said Protocol in force at the time of application or interpretation of this Annex.
    Ozone depleting substances that may be found on board ship include, but are not limited to:
    • Halon 1211 Bromochlorodifluoromethane
    • Halon 1301 Bromotrifluoromethane
    • Halon 2402 1, 2-Dibromo -1, 1, 2, 2-tetraflouroethane (also known as Halon 114B2)
    • CFC-11 Trichlorofluoromethane
    • CFC-12 Dichlorodifluoromethane
    • CFC-113 1, 1, 2 – Trichloro – 1, 2, 2 – trifluoroethane
    • CFC-114 1, 2 – Dichloro –1, 1, 2, 2 – tetrafluoroethane
    • CFC-115 Chloropentafluoroethane
  • 17. Shipboard incineration means the incineration of wastes or other matter on board a ship, if such wastes or other matter were generated during the normal operation of that ship.
  • 18. Shipboard incinerator means a shipboard facility designed for the primary purpose of incineration.
  • 19. Ships constructed means ships the keels of which are laid or which are at a similar stage of construction.
  • 20. Sludge oil means sludge from the fuel oil or lubricating oil separators, waste lubricating oil from main or auxiliary machinery, or waste oil from bilge water separators, oil filtering equipment or drip trays.
  • 21. Tanker in relation to regulation 15 means an oil tanker as defined in regulation 1 of Annex I or a chemical tanker as defined in regulation 1 of Annex II of the present Convention.

For the purpose of chapter 4:

  • 22.“Existing ship” means a ship which is not a new ship.
  • 23.“New ship” means a ship:
    • .1.for which the building contract is placed on or after 1 January 2013;
      or
    • .2.in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 1 July 2013; or
    • .3.the delivery of which is on or after 1 July 2015.
  • 24.“Major Conversion” means in relation to chapter 4 a conversion of a ship:
    • .1.which substantially alters the dimensions, carrying capacity or engine power of the ship; or
    • .2.which changes the type of the ship; or
    • .3.the intent of which in the opinion of the Administration is substantially to prolong the life of the ship; or
    • .4.which otherwise so alters the ship that, if it were a new ship, it would become subject to relevant provisions of the present Convention not applicable to it as an existing ship; or
    • .5.which substantially alters the energy efficiency of the ship and includes any modifications that could cause the ship to exceed the applicable required EEDI as set out in regulation 21.
  • 25.“Bulk carrier” means a ship which is intended primarily to carry dry cargo in bulk, including such types as ore carriers as defined in SOLAS chapter XII, regulation 1, but excluding combination carriers.
  • 26. Gas carrier in relation to chapter 4 of this Annex means a cargo ship, other than an LNG carrier as defined in paragraph 38 of this regulation, constructed or adapted and used for the carriage in bulk of any liquefied gas.
  • 27.“Tanker” in relation to chapter 4 means an oil tanker as defined in MARPOL Annex I, regulation 1 or a chemical tanker or an NLS tanker as defined in MARPOL Annex II, regulation 1.
  • 28.“Container ship” means a ship designed exclusively for the carriage of containers in holds and on deck.
  • 29.“General cargo ship” means a ship with a multi-deck or single deck hull designed primarily for the carriage of general cargo. This definition excludes specialized dry cargo ships, which are not included in the calculation of reference lines for general cargo ships, namely livestock carrier, barge carrier, heavy load carrier, yacht carrier, nuclear fuel carrier.
  • 30.“Refrigerated cargo carrier” means a ship designed exclusively for the carriage of refrigerated cargoes in holds.
  • 31.“Combination carrier” means a ship designed to load 100% deadweight with both liquid and dry cargo in bulk.
  • 32.“Passenger ship” means a ship which carries more than 12 passengers.
  • 33.“Ro-ro cargo ship (vehicle carrier)” means a multi deck roll-on-roll-off cargo ship designed for the carriage of empty cars and trucks.
  • 34.“Ro-ro cargo ship” means a ship designed for the carriage of roll-on-roll-off cargo transportation units.
  • 35.“Ro-ro passenger ship” means a passenger ship with roll-on-roll-off cargo spaces.
  • 36.“Attained EEDI” is the EEDI value achieved by an individual ship in accordance with regulation 20 of chapter 4.
  • 37.“Required EEDI” is the maximum value of attained EEDI that is allowed by regulation 21 of chapter 4 for the specific ship type and size.
  • 38. LNG carrier in relation to chapter 4 of this Annex means a cargo ship constructed or adapted and used for the carriage in bulk of liquefied natural gas (LNG).
  • 39. Cruise passenger ship in relation to chapter 4 of this Annex means a passenger ship not having a cargo deck, designed exclusively for commercial transportation of passengers in overnight accommodations on a sea voyage.
  • 40. Conventional propulsion in relation to chapter 4 of this Annex means a method of propulsion where a main reciprocating internal combustion engine(s) is the prime mover and coupled to a propulsion shaft either directly or through a gear box.
  • 41. Non-conventional propulsion in relation to chapter 4 of this Annex means a method of propulsion, other than conventional propulsion, including diesel-electric propulsion, turbine propulsion, and hybrid propulsion systems.
  • 42. Cargo ship having ice-breaking capability in relation to chapter 4 of this Annex means a cargo ship which is designed to break level ice independently with a speed of at least 2 knots when the level ice thickness is 1.0 m or more having ice bending strength of at least 500 kPa.
  • 43.A ship delivered on or after 1 September 2019 means a ship:
    • .1for which the building contract is placed on or after 1 September 2015; or
    • .2in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, on or after 1 March 2016; or
    • .3the delivery of which is on or after 1 September 2019.

For the purposes of this annex:

  • 44. Audit means a systematic, independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled.
  • 45. Audit Scheme means the IMO Member State Audit Scheme established by the Organization and taking into account the guidelines developed by the Organization.
  • 46. Code for Implementation means the IMO Instruments Implementation Code (III Code) adopted by the Organization by resolution A.1070(28).
  • 47. Audit Standard means the Code for Implementation.
  • 48. Calendar year means the period from 1 January until 31 December inclusive.
  • 49. Company means the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention, as amended.
  • 50. Distance travelled means distance travelled over ground.

Regulation 3 Exceptions and exemptions

  • 1. Regulations of this Annex shall not apply to:
    • .1.any emission necessary for the purpose of securing the safety of a ship or saving life at sea; or
    • .2.any emission resulting from damage to a ship or its equipment:
      • .2.1.provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the emission for the purpose of preventing or minimizing the emission; and
      • .2.2.except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result.
  • 2. The Administration of a Party may, in co-operation with other Administrations as appropriate, issue an exemption from specific provisions of this Annex for a ship to conduct trials for the development of ship emission reduction and control technologies and engine design programmes. Such an exemption shall only be provided if the applications of specific provisions of the Annex or the revised NOx Technical Code 2008 could impede research into the development of such technologies or programmes. A permit issued under this regulation shall not exempt a ship from the reporting requirement under regulation 22A and shall not alter the type and scope of data required to be reported under regulation 22A. A permit for such an exemption shall only be provided to the minimum number of ships necessary and be subject to the following provisions:
    • .1.for marine diesel engines with a per cylinder displacement up to 30 litres, the duration of the sea trial shall not exceed 18 months. If additional time is required, a permitting Administration or Administrations may permit a renewal for one additional 18-month period; or
    • .2.for marine diesel engines with a per cylinder displacement at or above 30 litres, the duration of the ship trial shall not exceed 5 years and shall require a progress review by the permitting Administration or Administrations at each intermediate survey. A permit may be withdrawn based on this review if the testing has not adhered to the conditions of the permit or if it is determined that the technology or programme is not likely to produce effective results in the reduction and control of ship emissions. If the reviewing Administration or Administrations determine that additional time is required to conduct a test of a particular technology or programme, a permit may be renewed for an additional time period not to exceed five years.
  • 3.1. Emissions directly arising from the exploration, exploitation and associated offshore processing of sea-bed mineral resources are, consistent with article 2(3)(b)(ii) of the present Convention, exempt from the provisions of this Annex. Such emissions include the following:
    • .1.emissions resulting from the incineration of substances that are solely and directly the result of exploration, exploitation and associated offshore processing of sea-bed mineral resources, including but not limited to the flaring of hydrocarbons and the burning of cuttings, muds, and/or stimulation fluids during well completion and testing operations, and flaring arising from upset conditions;
    • .2.the release of gases and volatile compounds entrained in drilling fluids and cuttings;
    • .3.emissions associated solely and directly with the treatment, handling, or storage of sea-bed minerals; and
    • .4.emissions from marine diesel engines that are solely dedicated to the exploration, exploitation and associated offshore processing of sea-bed mineral resources.
  • 3.2. The requirements of regulation 18 of this Annex shall not apply to the use of hydrocarbons which are produced and subsequently used on site as fuel, when approved by the Administration.

Regulation 4 Equivalents

  • 1. The Administration of a Party may allow any fitting, material, appliance or apparatus to be fitted in a ship or other procedures, alternative fuel oils, or compliance methods used as an alternative to that required by this Annex if such fitting, material, appliance or apparatus or other procedures, alternative fuel oils, or compliance methods are at least as effective in terms of emissions reductions as that required by this Annex, including any of the standards set forth in regulations 13 and 14.
  • 2. The Administration of a Party which allows a fitting, material, appliance or apparatus or other procedures, alternative fuel oils, or compliance methods used as an alternative to that required by this Annex shall communicate to the Organization for circulation to the Parties particulars thereof, for their information and appropriate action, if any.
  • 3. The Administration of a Party should take into account any relevant guidelines developed by the Organization pertaining to the equivalents provided for in this regulation.
  • 4. The Administration of a Party which allows the use of an equivalent as set forth in paragraph 1 of this regulation shall endeavour not to impair or damage its environment, human health, property, or resources or those of other States.

CHAPTER 2 SURVEY, CERTIFICATION AND MEANS OF CONTROL

Regulation 5 Surveys

  • 1. Every ship of 400 gross tonnage and above and every fixed and floating drilling rig and other platforms shall, to ensure compliance with the requirements of chapter 3, be subject to the surveys specified below:
    • .1.An initial survey before the ship is put into service or before the certificate required under regulation 6 of this Annex is issued for the first time. This survey shall be such as to ensure that the equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of chapter 3;
    • .2.A renewal survey at intervals specified by the Administration, but not exceeding five years, except where regulation 9.2, 9.5, 9.6 or 9.7 of this Annex is applicable. The renewal survey shall be such as to ensure that the equipment, systems, fittings, arrangements and material fully comply with applicable requirements of chapter 3;
    • .3.An intermediate survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the certificate which shall take the place of one of the annual surveys specified in paragraph 1.4 of this regulation. The intermediate survey shall be such as to ensure that the equipment and arrangements fully comply with the applicable requirements of chapter 3 and are in good working order. Such intermediate surveys shall be endorsed on the IAPP Certificate issued under regulation 6 or 7 of this Annex;
    • .4.An annual survey within three months before or after each anniversary date of the certificate, including a general inspection of the equipment, systems, fittings, arrangements and material referred to in paragraph 1.1 of this regulation to ensure that they have been maintained in accordance with paragraph 5 of this regulation and that they remain satisfactory for the service for which the ship is intended. Such annual surveys shall be endorsed on the IAPP Certificate issued under regulation 6 or 7 of this Annex; and
    • .5.An additional survey either general or partial, according to the circumstances, shall be made whenever any important repairs or renewals are made as prescribed in paragraph 5 of this regulation or after a repair resulting from investigations prescribed in paragraph 6 of this regulation. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory and that the ship complies in all respects with the requirements of chapter 3.
  • 2. In the case of ships of less than 400 gross tonnage, the Administration may establish appropriate measures in order to ensure that the applicable provisions of chapter 3 are complied with.
  • 3. Surveys of ships as regards the enforcement of the provisions of this Annex shall be carried out by officers of the Administration.
    • .1.The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it. Such organizations shall comply with the guidelines adopted by the Organization;
    • .2.The survey of marine diesel engines and equipment for compliance with regulation 13 of this Annex shall be conducted in accordance with the revised NOx Technical Code 2008;
    • .3.When a nominated surveyor or recognized organization determines that the condition of the equipment does not correspond substantially with the particulars of the certificate, they shall ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken, the certificate shall be withdrawn by the Administration. If the ship is in a port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation; and
    • .4.In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the survey and shall undertake to ensure the necessary arrangements to satisfy this obligation.
  • 4. Ships to which chapter 4 applies shall also be subject to the surveys specified below, taking into account Guidelines adopted by the Organization:
    • .1.An initial survey before a new ship is put in service and before the International Energy Efficiency Certificate is issued. The survey shall verify that the ship’s attained EEDI is in accordance with the requirements in chapter 4, and that the SEEMP required by regulation 22 is on board;
    • .2.A general or partial survey, according to the circumstances, after a major conversion of a new ship to which this regulation applies. The survey shall ensure that the attained EEDI is recalculated as necessary and meets the requirement of regulation 21, with the reduction factor applicable to the ship type and size of the converted ship in the phase corresponding to the date of contract or keel laying or delivery determined for the original ship in accordance with regulation 2.23;
    • .3.In cases where the major conversion of a new or existing ship is so extensive that the ship is regarded by the Administration as a newly constructed ship, the Administration shall determine the necessity of an initial survey on attained EEDI. Such a survey, if determined necessary, shall ensure that the attained EEDI is calculated and meets the requirement of regulation 21, with the reduction factor applicable corresponding to the ship type and size of the converted ship at the date of the contract of the conversion, or in the absence of a contract, the commencement date of the conversion. The survey shall also verify that the SEEMP required by regulation 22 is on board and for a ship to which regulation 22A applies, has been revised appropriately to reflect a major conversion in those cases where the major conversion affects data collection methodology and/or reporting processes;
    • .4.For existing ships, the verification of the requirement to have a SEEMP on board according to regulation 22 shall take place at the first intermediate or renewal survey identified in paragraph 1 of this regulation, whichever is the first, on or after 1 January 2013; and
    • .5The Administration shall ensure that for each ship to which regulation 22A applies, the SEEMP complies with regulation 22.2 of this Annex. This shall be done prior to collecting data under regulation 22A of this Annex in order to ensure the methodology and processes are in place prior to the beginning of the ship’s first reporting period. Confirmation of compliance shall be provided to and retained on board the ship.
  • 5. The equipment shall be maintained to conform with the provisions of this Annex and no changes shall be made in the equipment, systems, fittings, arrangements, or material covered by the survey, without the express approval of the Administration. The direct replacement of such equipment and fittings with equipment and fittings that conform with the provisions of this Annex is permitted.
  • 6. Whenever an accident occurs to a ship or a defect is discovered which substantially affects the efficiency or completeness of its equipment covered by this Annex, the master or owner of the ship shall report at the earliest opportunity to the Administration, a nominated surveyor, or recognized organization responsible for issuing the relevant certificate.

Regulation 6 Issue or endorsement of Certificates and Statements of Compliance related to fuel oil consumption reporting International Air Pollution Prevention Certificate

  • 1. An International Air Pollution Prevention Certificate shall be issued, after an initial or renewal survey in accordance with the provisions of regulation 5 of this Annex, to:
    • .1.any ship of 400 gross tonnage and above engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties; and
    • .2.platforms and drilling rigs engaged in voyages to waters under the sovereignty or jurisdiction of other Parties.
  • 2. A ship constructed before the date Annex VI enters into force for that particular ship’s Administration, shall be issued with an International Air Pollution Prevention Certificate in accordance with paragraph 1 of this regulation no later than the first scheduled dry-docking after the date of such entry into force, but in no case later than three years after this date.
  • 3. Such certificate shall be issued or endorsed either by the Administration or by any person or organization duly authorized by it. In every case, the Administration assumes full responsibility for the certificate.
  • 4. An International Energy Efficiency Certificate for the ship shall be issued after a survey in accordance with the provisions of regulation 5.4 to any ship of 400 gross tonnage and above before that ship may engage in voyages to ports or offshore terminals under the jurisdiction of other Parties.
  • 5. The certificate shall be issued or endorsed either by the Administration or any organization duly authorized by it. In every case, the Administration assumes full responsibility for the certificate.
  • 6. Upon receipt of reported data pursuant to regulation 22A.3 of this Annex, the Administration or any organization duly authorized by it shall determine whether the data has been reported in accordance with regulation 22A of this Annex and, if so, issue a Statement of Compliance related to fuel oil consumption to the ship no later than five months from the beginning of the calendar year. In every case, the Administration assumes full responsibility for this Statement of Compliance.
  • 7. Upon receipt of reported data pursuant to regulations 22A.4, 22A.5 or 22A.6 of this Annex, the Administration or any organization duly authorized by it shall promptly determine whether the data has been reported in accordance with regulation 22A and, if so, issue a Statement of Compliance related to fuel oil consumption to the ship at that time. In every case, the Administration assumes full responsibility for this Statement of Compliance.

Regulation 7 Issue of a Certificate by another Party

  • 1. A Party may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the applicable provisions of this Annex are complied with, shall issue or authorize the issuance of an International Air Pollution Prevention Certificate or an International Energy Efficiency Certificate to the ship, and where appropriate, endorse or authorize the endorsement of such certificates on the ship, in accordance with this Annex.
  • 2. A copy of the certificate and a copy of the survey report shall be transmitted as soon as possible to the requesting Administration.
  • 3. A certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as a certificate issued under regulation 6 of this Annex.
  • 4. No International Air Pollution Prevention Certificate or International Energy Efficiency Certificate shall be issued to a ship which is entitled to fly the flag of a State which is not a Party.

Regulation 8 Form of Certificates and Statements of Compliance related to fuel oil consumption reporting International Air Pollution Prevention Certificate

  • 1. The International Air Pollution Prevention Certificate shall be drawn up in a form corresponding to the model given in appendix I to this Annex and shall be at least in English, French or Spanish. If an official language of the issuing country is also used, this shall prevail in case of a dispute or discrepancy.
  • 2. The International Energy Efficiency Certificate shall be drawn up in a form corresponding to the model given in appendix VIII to this Annex and shall be at least in English, French or Spanish. If an official language of the issuing Party is also used, this shall prevail in case of a dispute or discrepancy.
  • 3. The Statement of Compliance pursuant to regulations 6.6 and 6.7 of this Annex shall be drawn up in a form corresponding to the model given in appendix X to this Annex and shall be at least in English, French or Spanish. If an official language of the issuing Party is also used, this shall prevail in case of a dispute or discrepancy.

Regulation 9 Duration and validity of Certificates and Statements of Compliance related to fuel oil consumption reporting International Air Pollution Prevention Certificate

  • 1. An International Air Pollution Prevention Certificate shall be issued for a period specified by the Administration, which shall not exceed five years.
  • 2. Notwithstanding the requirements of paragraph 1 of this regulation:
    • .1.when the renewal survey is completed within three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing certificate;
    • .2.when the renewal survey is completed after the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing certificate; and
    • .3.when the renewal survey is completed more than three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of completion of the renewal survey.
  • 3. If a certificate is issued for a period of less than five years, the Administration may extend the validity of the certificate beyond the expiry date to the maximum period specified in paragraph 1 of this regulation, provided that the surveys referred to in regulations 5.1.3 and 5.1.4 of this Annex applicable when a certificate is issued for a period of five years are carried out as appropriate.
  • 4. If a renewal survey has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the person or organization authorized by the Administration may endorse the existing certificate and such a certificate shall be accepted as valid for a further period which shall not exceed five months from the expiry date.
  • 5. If a ship, at the time when a certificate expires, is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No certificate shall be extended for a period longer than three months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding five years from the date of expiry of the existing certificate before the extension was granted.
  • 6. A certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding five years from the date of expiry of the existing certificate before the extension was granted.
  • 7. In special circumstances, as determined by the Administration, a new certificate need not be dated from the date of expiry of the existing certificate as required by paragraph 2.1, 5 or 6 of this regulation. In these special circumstances, the new certificate shall be valid to a date not exceeding five years from the date of completion of the renewal survey.
  • 8. If an annual or intermediate survey is completed before the period specified in regulation 5 of this Annex, then:
    • .1.the anniversary date shown on the certificate shall be amended by endorsement to a date which shall not be more than three months later than the date on which the survey was completed;
    • .2.the subsequent annual or intermediate survey required by regulation 5 of this Annex shall be completed at the intervals prescribed by that regulation using the new anniversary date; and
    • .3.the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by regulation 5 of this Annex are not exceeded.
  • 9. A certificate issued under regulation 6 or 7 of this Annex shall cease to be valid in any of the following cases:
    • .1.if the relevant surveys are not completed within the periods specified under regulation 5.1 of this Annex;
    • .2.if the certificate is not endorsed in accordance with regulation 5.1.3 or 5.1.4 of this Annex; and
    • .3.upon transfer of the ship to the flag of another State. A new certificate shall only be issued when the Government issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of regulation 5.4 of this Annex. In the case of a transfer between Parties, if requested within three months after the transfer has taken place, the Government of the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the certificate carried by the ship before the transfer and, if available, copies of the relevant survey reports.
  • 10. The International Energy Efficiency Certificate shall be valid throughout the life of the ship subject to the provisions of paragraph 11 below.
  • 11. An International Energy Efficiency Certificate issued under this Annex shall cease to be valid in any of the following cases:
    • .1.if the ship is withdrawn from service or if a new certificate is issued following major conversion of the ship; or
    • .2.upon transfer of the ship to the flag of another State. A new certificate shall only be issued when the Government issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of chapter 4. In the case of a transfer between Parties, if requested within three months after the transfer has taken place, the Government of the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the certificate carried by the ship before the transfer and, if available, copies of the relevant survey reports.
  • 12. The Statement of Compliance pursuant to regulation 6.6 of this Annex shall be valid for the calendar year in which it is issued and for the first five months of the following calendar year. The Statement of Compliance pursuant to regulation 6.7 of this Annex shall be valid for the calendar year in which it is issued, for the following calendar year, and for the first five months of the subsequent calendar year. All Statements of Compliance shall be kept on board for at least the period of their validity.

Regulation 10 Port State control on operational requirements

  • 1. A ship, when in a port or an offshore terminal under the jurisdiction of another Party, is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of air pollution from ships.
  • 2. In the circumstances given in paragraph 1 of this regulation, the Party shall take such steps as to ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.
  • 3. Procedures relating to the port State control prescribed in article 5 of the present Convention shall apply to this regulation.
  • 4. Nothing in this regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.
  • 5. In relation to chapter 4, any port State inspection shall be limited to verifying, when appropriate, that there is a valid Statement of Compliance related to fuel oil consumption reporting and International Energy Efficiency Certificate on board, in accordance with article 5 of the Convention

Regulation 11 Detection of Violations and Enforcement

  • 1. Parties shall co-operate in the detection of violations and the enforcement of the provisions of this Annex, using all appropriate and practicable measures of detection and environmental monitoring, adequate procedures for reporting and accumulation of evidence.
  • 2. A ship to which this Annex applies may, in any port or offshore terminal of a Party, be subject to inspection by officers appointed or authorized by that Party for the purpose of verifying whether the ship has emitted any of the substances covered by this Annex in violation of the provision of this Annex. If an inspection indicates a violation of this Annex, a report shall be forwarded to the Administration for any appropriate action.
  • 3. Any Party shall furnish to the Administration evidence, if any, that the ship has emitted any of the substances covered by this Annex in violation of the provisions of this Annex. If it is practicable to do so, the competent authority of the former Party shall notify the master of the ship of the alleged violation.
  • 4. Upon receiving such evidence, the Administration so informed shall investigate the matter, and may request the other Party to furnish further or better evidence of the alleged contravention. If the Administration is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken in accordance with its law as soon as possible. The Administration shall promptly inform the Party which has reported the alleged violation, as well as the Organization, of the action taken.
  • 5. A Party may also inspect a ship to which this Annex applies when it enters the ports or offshore terminals under its jurisdiction, if a request for an investigation is received from any Party together with sufficient evidence that the ship has emitted any of the substances covered by the Annex in any place in violation of this Annex. The report of such investigation shall be sent to the Party requesting it and to the Administration so that the appropriate action may be taken under the present Convention.
  • 6. The international law concerning the prevention, reduction, and control of pollution of the marine environment from ships, including that law relating to enforcement and safeguards, in force at the time of application or interpretation of this Annex, applies, mutatis mutandis, to the rules and standards set forth in this Annex.

CHAPTER 3 REQUIREMENTS FOR CONTROL OF EMISSIONS FROM SHIPS

Regulation 12 Ozone Depleting Substances

  • 1. This regulation does not apply to permanently sealed equipment where there are no refrigerant charging connections or potentially removable components containing ozone depleting substances.
  • 2. Subject to the provisions of regulation 3.1, any deliberate emissions of ozone depleting substances shall be prohibited. Deliberate emissions include emissions occurring in the course of maintaining, servicing, repairing or disposing of systems or equipment, except that deliberate emissions do not include minimal releases associated with the recapture or recycling of an ozone depleting substance. Emissions arising from leaks of an ozone depleting substance, whether or not the leaks are deliberate, may be regulated by Parties.
  • 3.1. Installations which contain ozone depleting substances, other than hydro-chlorofluorocarbons, shall be prohibited:
    • .1.on ships constructed on or after 19 May 2005; or
    • .2.in the case of ships constructed before 19 May 2005, which have a contractual delivery date of the equipment to the ship on or after 19 May 2005 or, in the absence of a contractual delivery date, the actual delivery of the equipment to the ship on or after 19 May 2005.
  • 3.2. Installations which contain hydro-chlorofluorocarbons shall be prohibited:
    • .1on ships constructed on or after 1 January 2020; or
    • .2in the case of ships constructed before 1 January 2020, which have a contractual delivery date of the equipment to the ship on or after 1 January 2020 or, in the absence of a contractual delivery date, the actual delivery of the equipment to the ship on or after 1 January 2020.
  • 4. The substances referred to in this regulation, and equipment containing such substances, shall be delivered to appropriate reception facilities when removed from ships.
  • 5. Each ship subject to regulation 6.1 shall maintain a list of equipment containing ozone depleting substances.
  • 6. Each ship subject to regulation 6.1 which has rechargeable systems that contain ozone depleting substances shall maintain an Ozone Depleting Substances Record Book. This Record Book may form part of an existing log-book or electronic recording system as approved by the Administration.
  • 7. Entries in the Ozone Depleting Substances Record Book shall be recorded in terms of mass (kg) of substance and shall be completed without delay on each occasion, in respect of the following:
    • .1.recharge, full or partial, of equipment containing ozone depleting substances;
    • .2.repair or maintenance of equipment containing ozone depleting substances;
    • .3.discharge of ozone depleting substances to the atmosphere:
      • .3.1.deliberate; and
      • .3.2.non-deliberate;
    • .4.discharge of ozone depleting substances to land-based reception facilities; and
    • .5.supply of ozone depleting substances to the ship.

Regulation 13 Nitrogen oxides (NOx)

  • 1.1. This regulation shall apply to:
    • .1.each marine diesel engine with a power output of more than 130 kW installed on a ship; and
    • .2.each marine diesel engine with a power output of more than 130 kW which undergoes a major conversion on or after 1 January 2000 except when demonstrated to the satisfaction of the Administration that such engine is an identical replacement to the engine which it is replacing and is otherwise not covered under paragraph 1.1.1 of this regulation.
  • 1.2. This regulation does not apply to:
    • .1.a marine diesel engine intended to be used solely for emergencies, or solely to power any device or equipment intended to be used solely for emergencies on the ship on which it is installed, or a marine diesel engine installed in lifeboats intended to be used solely for emergencies; and
    • .2.a marine diesel engine installed on a ship solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State the flag of which the ship is entitled to fly, provided that such engine is subject to an alternative NOx control measure established by the Administration.
  • 1.3. Notwithstanding the provisions of subparagraph 1.1 of this paragraph, the Administration may provide an exclusion from the application of this regulation for any marine diesel engine which is installed on a ship constructed, or for any marine diesel engine which undergoes a major conversion, before 19 May 2005, provided that the ship on which the engine is installed is solely engaged in voyages to ports or offshore terminals within the State the flag of which the ship is entitled to fly.
  • 2.1. For the purpose of this regulation, major conversion means a modification on or after 1 January 2000 of a marine diesel engine that has not already been certified to the standards set forth in paragraph 3, 4, or 5.1.1 of this regulation where:
    • .1the engine is replaced by a marine diesel engine or an additional marine diesel engine is installed, or
    • .2any substantial modification, as defined in the revised NOx Technical Code 2008, is made to the engine, or
    • .3the maximum continuous rating of the engine is increased by more than10% compared to the maximum continuous rating of the original certification of the engine.
  • 2.2. For a major conversion involving the replacement of a marine diesel engine with a non-identical marine diesel engine, or the installation of an additional marine diesel engine, the standards in this regulation at the time of the replacement or addition of the engine shall apply. In the case of replacement engines only, if it is not possible for such a replacement engine to meet the standards set forth in paragraph 5.1.1 of this regulation (Tier III, as applicable), then that replacement engine shall meet the standards set forth in paragraph 4 of this regulation (Tier II), taking into account guidelines developed by the Organization.
  • 2.3. A marine diesel engine referred to in paragraph 2.1.2 or 2.1.3 shall meet the following standards:
    • .1.for ships constructed prior to 1 January 2000, the standards set forth in paragraph 3 of this regulation shall apply; and
    • .2.for ships constructed on or after 1 January 2000, the standards in force at the time the ship was constructed shall apply.
  • 3. Subject to regulation 3 of this Annex, the operation of a marine diesel engine which is installed on a ship constructed on or after 1 January 2000 and prior to 1 January 2011 is prohibited, except when the emission of nitrogen oxides (calculated as the total weighted emission of NO2) from the engine is within the following limits, where n = rated engine speed (crankshaft revolutions per minute):
    • .1.17.0 g/kWh when n is less than 130 rpm;
    • .2.45 · n(-0.2) g/kWh when n is 130 or more but less than 2,000 rpm;
    • .3.9.8 g/kWh when n is 2,000 rpm or more.
  • 4. Subject to regulation 3 of this Annex, the operation of a marine diesel engine which is installed on a ship constructed on or after 1 January 2011 is prohibited, except when the emission of nitrogen oxides (calculated as the total weighted emission of NO2) from the engine is within the following limits, where n = rated engine speed (crankshaft revolutions per minute):
    • .1.14.4 g/kWh when n is less than 130 rpm;
    • .2.44 · n(-0.23) g/kWh when n is 130 or more but less than 2,000 rpm;
    • .3.7.7 g/kWh when n is 2,000 rpm or more.
  • 5.1. Subject to regulation 3 of this Annex, in an emission control area designated for Tier III NOx control under paragraph 6 of this regulation (NOX Tier III emission control area), the operation of a marine diesel engine that is installed on a ship:
    • .1.is prohibited except when the emission of nitrogen oxides (calculated as the total weighted emission of NO2) from the engine is within the following limits, where n = rated engine speed (crankshaft revolutions per minute):
      • .1.3.4 g/kWh when n is less than 130 rpm;
      • .2.9 . n(–0.2) g/kWh when n is 130 or more but less than 2,000 rpm;
      • .3.2.0 g/kWh when n is 2,000 rpm or more;
    • .2.that ship is constructed on or after:
      • .11 January 2016 and is operating in the North American Emission Control Area or the United States Caribbean Sea Emission Control Area;
      • .21 January 2021 and is operating in the Baltic Sea Emission Control Area or the North Sea Emission Control Area;
    • .3.that ship is operating in a NOX Tier III emission control area, other than an emission control area described in paragraph 5.1.2 of this regulation, and is constructed on or after the date of adoption of such an emission control area, or a later date as may be specified in the amendment designating the NOx Tier III emission control area, whichever is later.
  • 5.2. The standards set forth in paragraph 5.1.1 of this regulation shall not apply to:
    • .1.a marine diesel engine installed on a ship with a length (L), as defined in regulation 1.19 of Annex I to the present Convention, of less than 24 metres when it has been specifically designed, and is used solely, for recreational purposes; or
    • .2.a marine diesel engine installed on a ship with a combined nameplate diesel engine propulsion power of less than 750 kW if it is demonstrated, to the satisfaction of the Administration, that the ship cannot comply with the standards set forth in paragraph 5.1.1 of this regulation because of design or construction limitations of the ship; or
    • .3.a marine diesel engine installed on a ship constructed prior to 1 January 2021 of less than 500 gross tonnage, with a length (L), as defined in regulation 1.19 of Annex I to the present Convention, of 24 metres or over when it has been specifically designed, and is used solely, for recreational purposes.
  • 5.3. The tier and on/off status of marine diesel engines installed on board a ship to which paragraph 5.1 of this regulation applies which are certified to both Tier II and Tier III or which are certified to Tier II only shall be recorded in such logbook as prescribed by the Administration at entry into and exit from an emission control area designated under paragraph 6 of this regulation, or when the on/off status changes within such an area, together with the date, time and position of the ship.
  • 5.4. Emissions of nitrogen oxides from a marine diesel engine subject to paragraph 5.1 of this regulation that occur immediately following building and sea trials of a newly constructed ship, or before and following converting, repairing, and/or maintaining the ship, or maintenance or repair of a Tier II engine or a dual fuel engine when the ship is required to not have gas fuel or gas cargo on board due to safety requirements, for which activities take place in a shipyard or other repair facility located in a NOX Tier III emission control area are temporarily exempted provided the following conditions are met:
    • .1the engine meets the Tier II NOX limits; and
    • .2the ship sails directly to or from the shipyard or other repair facility, does not load or unload cargo during the duration of the exemption, and follows any additional specific routing requirements indicated by the port State in which the shipyard or other repair facility is located, if applicable.
  • 5.5. The exemption described in paragraph 5.4 of this regulation applies only for the following period:
    • .1for a newly constructed ship, the period beginning at the time the ship is delivered from the shipyard, including sea trials, and ending at the time the ship directly exits the NOX Tier III emission control area(s) or, with regard to a ship fitted with a dual fuel engine, the ship directly exits the NOX Tier III emission control area(s) or proceeds directly to the nearest gas fuel bunkering facility appropriate to the ship located in the NOX Tier III emission control area(s);
    • .2for a ship with a Tier II engine undergoing conversion, maintenance or repair, the period beginning at the time the ship enters the NOX Tier III emission control area(s) and proceeds directly to the shipyard or other repair facility, and ending at the time the ship is released from the shipyard or other repair facility and directly exits the NOX Tier III emission control area (s) after performing sea trials, if applicable; or
    • .3for a ship with a dual fuel engine undergoing conversion, maintenance or repair, when the ship is required to not have gas fuel or gas cargo on board due to safety requirements, the period beginning at the time the ship enters the NOX Tier III emission control area(s) or when it is degassed in the NOX Tier III emission control area(s) and proceeds directly to the shipyard or other repair facility, and ending at the time when the ship is released from the shipyard or other repair facility and directly exits the NOX Tier III emission control area(s) or proceeds directly to the nearest gas fuel bunkering facility appropriate to the ship located in the NOX Tier III emission control area(s).
  • 6. For the purposes of this regulation, a NOX Tier III emission control area shall be any sea area, including any port area, designated by the Organization in accordance with the criteria and procedures set forth in appendix III to this Annex. The NOX Tier III emission control areas are:
    • .1the North American Emission Control Area, which means the area described by the coordinates provided in appendix VII to this Annex;
    • .2the United States Caribbean Sea Emission Control Area, which means the area described by the coordinates provided in appendix VII to this Annex;
    • .3the Baltic Sea Emission Control Area as defined in regulation 1.11.2 of Annex I of the present Convention; and
    • .4the North Sea Emission Control Area as defined in regulation 1.14.6 of Annex V of the present Convention.
  • 7.1. Notwithstanding paragraph 1.1.1 of this regulation, a marine diesel engine with a power output of more than 5,000 kW and a per cylinder displacement at or above 90 litres installed on a ship constructed on or after 1 January 1990 but prior to 1 January 2000 shall comply with the emission limits set forth in subparagraph 7.4 of this paragraph, provided that an Approved Method for that engine has been certified by an Administration of a Party and notification of such certification has been submitted to the Organization by the certifying Administration. Compliance with this paragraph shall be demonstrated through one of the following:
    • .1.installation of the certified Approved Method, as confirmed by a survey using the verification procedure specified in the Approved Method File, including appropriate notation on the ship’s International Air Pollution Prevention Certificate of the presence of the Approved Method; or
    • .2.certification of the engine confirming that it operates within the limits set forth in paragraph 3, 4, or 5.1.1 of this regulation and an appropriate notation of the engine certification on the ship’s International Air Pollution Prevention Certificate.
  • 7.2. Subparagraph 7.1 shall apply no later than the first renewal survey that occurs 12 months or more after deposit of the notification in subparagraph 7.1. If a shipowner of a ship on which an Approved Method is to be installed can demonstrate to the satisfaction of the Administration that the Approved Method was not commercially available despite best efforts to obtain it, then that Approved Method shall be installed on the ship no later than the next annual survey of that ship which falls after the Approved Method is commercially available.
  • 7.3. With regard to a marine diesel engine with a power output of more than 5,000 kW and a per cylinder displacement at or above 90 litres installed on a ship constructed on or after 1 January 1990, but prior to 1 January 2000, the International Air Pollution Prevention Certificate shall, for a marine diesel engine to which paragraph 7.1 of this regulation applies, indicate one of the following:
    • .1.an approved method has been applied pursuant to paragraph 7.1.1 of this regulation;
    • .2.the engine has been certified pursuant to paragraph 7.1.2 of this regulation;
    • .3.an approved method is not yet commercially available as described in paragraph 7.2 of this regulation; or
    • .4.an approved method is not applicable.
  • 7.4. Subject to regulation 3 of this Annex, the operation of a marine diesel engine described in subparagraph 7.1 is prohibited, except when the emission of nitrogen oxides (calculated as the total weighted emission of NO2) from the engine is within the following limits, where n = rated engine speed (crankshaft revolutions per minute):
    • .1.17.0 g/kWh when n is less than 130 rpm;
    • .2.45 · n(-0.2) g/kWh when n is 130 or more but less than 2,000 rpm; and
    • .3.9.8 g/kWh when n is 2,000 rpm or more.
  • 7.5. Certification of an Approved Method shall be in accordance with chapter 7 of the revised NOx Technical Code 2008 and shall include verification:
    • .1.by the designer of the base marine diesel engine to which the Approved Method applies that the calculated effect of the Approved Method will not decrease engine rating by more than 1.0%, increase fuel consumption by more than 2.0% as measured according to the appropriate test cycle set forth in the revised NOx Technical Code 2008, or adversely affect engine durability or reliability; and
    • .2.that the cost of the Approved Method is not excessive, which is determined by a comparison of the amount of NOx reduced by the Approved Method to achieve the standard set forth in subparagraph 7.4 of this paragraph and the cost of purchasing and installing such Approved Method.
  • 8. The revised NOx Technical Code 2008 shall be applied in the certification, testing, and measurement procedures for the standards set forth in this regulation.
  • 9. The procedures for determining NOx emissions set out in the revised NOx Technical Code 2008 are intended to be representative of the normal operation of the engine. Defeat devices and irrational emission control strategies undermine this intention and shall not be allowed. This regulation shall not prevent the use of auxiliary control devices that are used to protect the engine and/or its ancillary equipment against operating conditions that could result in damage or failure or that are used to facilitate the starting of the engine.

Regulation 14 Sulphur Oxides (SOx) and Particulate Matter

  • 1. The sulphur content of any fuel oil used on board ships shall not exceed the following limits:
    • .1.4.50% m/m prior to 1 January 2012;
    • .2.3.50% m/m on and after 1 January 2012; and
    • .3.0.50% m/m on and after 1 January 2020.
  • 2. The worldwide average sulphur content of residual fuel oil supplied for use on board ships shall be monitored taking into account guidelines developed by the Organization.
  • 3. For the purpose of this regulation, emission control areas shall include:
    • .1.the Baltic Sea area as defined in regulation 1.11.2 of Annex I and the North Sea area as defined in regulation 1.14.6 of Annex V;
    • .2.the North American area as described by the coordinates provided in Appendix VII to this Annex;
    • .3.the United States Caribbean Sea area as described by the coordinates provided in Appendix VII to this Annex; and
    • .4.any other sea area, including any port area, designated by the Organization in accordance with the criteria and procedures set forth in Appendix III to this Annex.
  • 4. While ships are operating within an Emission Control Area, the sulphur content of fuel oil used on board ships shall not exceed the following limits:
    • .1.1.50% m/m prior to 1 July 2010;
    • .2.1.00% m/m on and after 1 July 2010; and
    • .3.0.10% m/m on and after 1 January 2015;
    • .4.Prior to 1 January 2020, the sulphur content of fuel oil referred to in paragraph 4 of this regulation shall not apply to ships, operating in the North American area or the United States Caribbean Sea area defined in paragraph 3, built on or before 1 August 2011 that are powered by propulsion boilers that were not originally designed for continued operation on marine distillate fuel or natural gas.
  • 5. The sulphur content of fuel oil referred to in paragraph 1 and paragraph 4 of this regulation shall be documented by its supplier as required by regulation 18 of this Annex.
  • 6. Those ships using separate fuel oils to comply with paragraph 4 of this regulation and entering or leaving an Emission Control Area set forth in paragraph 3 of this regulation shall carry a written procedure showing how the fuel oil change-over is to be done, allowing sufficient time for the fuel oil service system to be fully flushed of all fuel oils exceeding the applicable sulphur content specified in paragraph 4 of this regulation prior to entry into an Emission Control Area. The volume of low sulphur fuel oils in each tank as well as the date, time, and position of the ship when any fuel-oil-change-over operation is completed prior to the entry into an Emission Control Area or commenced after exit from such an area, shall be recorded in such log-book as prescribed by the Administration.
  • 7. During the first twelve months immediately following entry into force of an amendment designating a specific emission control area under paragraph 3 of this regulation, ships operating in that emission control area are exempt from the requirements in paragraphs 4 and 6 of this regulation and from the requirements of paragraph 5 of this regulation insofar as they relate to paragraph 4 of this regulation.
  • 8. A review of the standard set forth in subparagraph 1.3 of this regulation shall be completed by 2018 to determine the availability of fuel oil to comply with the fuel oil standard set forth in that paragraph and shall take into account the following elements:
    • .1the global market supply and demand for fuel oil to comply with paragraph 1.3 of this regulation that exist at the time that the review is conducted;
    • .2an analysis of the trends in fuel oil markets; and
    • .3any other relevant issue.
  • 9. The Organization shall establish a group of experts, comprising of representatives with the appropriate expertise in the fuel oil market and appropriate maritime, environmental, scientific, and legal expertise, to conduct the review referred to in paragraph 8 of this regulation. The group of experts shall develop the appropriate information to inform the decision to be taken by the Parties.
  • 10. The Parties, based on the information developed by the group of experts, may decide whether it is possible for ships to comply with the date in paragraph 1.3 of this regulation. If a decision is taken that it is not possible for ships to comply, then the standard in that subparagraph shall become effective on 1 January 2025.

Regulation 15 Volatile Organic Compounds (VOCs)

  • 1. If the emissions of VOCs from a tanker are to be regulated in a port or ports or a terminal or terminals under the jurisdiction of a Party, they shall be regulated in accordance with the provisions of this regulation.
  • 2. A Party regulating tankers for VOC emissions shall submit a notification to the Organization. This notification shall include information on the size of tankers to be controlled, the cargoes requiring vapour emission control systems, and the effective date of such control. The notification shall be submitted at least six months before the effective date.
  • 3. A Party which designates ports or terminals at which VOCs emissions from tankers are to be regulated shall ensure that vapour emission control systems, approved by that Party taking into account the safety standards for such systems developed by the Organization, are provided in any designated port and terminal and are operated safely and in a manner so as to avoid undue delay to a ship.
  • 4. The Organization shall circulate a list of the ports and terminals designated by Parties to other Parties and Member States of the Organization for their information.
  • 5. A tanker to which paragraph 1 of this regulation applies shall be provided with a vapour emission collection system approved by the Administration taking into account the safety standards for such systems developed by the Organization, and shall use this system during the loading of relevant cargoes. A port or terminal which has installed vapour emission control systems in accordance with this regulation may accept tankers which are not fitted with vapour collection systems for a period of three years after the effective date identified in paragraph 2 of this regulation.
  • 6. A tanker carrying crude oil shall have on board and implement a VOC Management Plan approved by the Administration. Such a plan shall be prepared taking into account the guidelines developed by the Organization. The plan shall be specific to each ship and shall at least:
    • .1.provide written procedures for minimizing VOC emissions during the loading, sea passage and discharge of cargo;
    • .2.give consideration to the additional VOC generated by crude oil washing;
    • .3.identify a person responsible for implementing the plan; and
    • .4.for ships on international voyages, be written in the working language of the master and officers and, if the working language of the master and officers is not English, French, or Spanish, include a translation into one of these languages.
  • 7. This regulation shall also apply to gas carriers only if the type of loading and containment systems allow safe retention of non-methane VOCs on board or their safe return ashore.

Regulation 16 Shipboard Incineration

  • 1. Except as provided in paragraph 4 of this regulation, shipboard incineration shall be allowed only in a shipboard incinerator.
  • 2. Shipboard incineration of the following substances shall be prohibited:
    • .1.residues of cargoes subject to Annex I, II or III or related contaminated packing materials;
    • .2.polychlorinated biphenyls (PCBs);
    • .3.garbage, as defined by Annex V, containing more than traces of heavy metals;
    • .4.refined petroleum products containing halogen compounds;
    • .5.sewage sludge and sludge oil either of which are not generated on board the ship; and
    • .6.exhaust gas cleaning system residues.
  • 3. Shipboard incineration of polyvinyl chlorides (PVCs) shall be prohibited, except in shipboard incinerator for which an IMO Type Approval Certificates has been issued.
  • 4. Shipboard incineration of sewage sludge and sludge oil generated during normal operation of a ship may also take place in the main or auxiliary power plant or boilers, but in those cases, shall not take place inside ports, harbours and estuaries.
  • 5. Nothing in this regulation neither:
    • .1.affects the prohibition in, or other requirements of, the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, as amended, and the 1996 Protocol thereto, nor
    • .2.precludes the development, installation and operation of alternative design shipboard thermal waste treatment devices that meet or exceed the requirements of this regulation.
  • 6.1. Except as provided in subparagraph 6.2 of this paragraph, each incinerator on a ship constructed on or after 1 January 2000 or incinerator which is installed on board a ship on or after 1 January 2000 shall meet the requirements contained in appendix IV to this Annex. Each incinerator subject to this subparagraph shall be approved by the Administration taking into account the standard specification for shipboard incinerators developed by the Organization; or
  • 6.2. The Administration may allow exclusion from the application of subparagraph 6.1 of this paragraph to any incinerator which is installed on board a ship before 19 May 2005, provided that the ship is solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State the flag of which the ship is entitled to fly.
  • 7. Incinerators installed in accordance with the requirements of paragraph 6.1 of this regulation shall be provided with a manufacturer’s operating manual which is to be retained with the unit and which shall specify how to operate the incinerator within the limits described in paragraph 2 of appendix IV of this Annex.
  • 8. Personnel responsible for the operation of an incinerator installed in accordance with the requirements of paragraph 6.1 of this regulation shall be trained to implement the guidance provided in the manufacturer’s operating manual as required by paragraph 7 of this regulation.
  • 9. For incinerators installed in accordance with the requirements of paragraph 6.1 of this regulation the combustion chamber gas outlet temperature shall be monitored at all times the unit is in operation. Where that incinerator is of the continuous-feed type, waste shall not be fed into the unit when the combustion chamber gas outlet temperature is below 850°C. Where that incinerator is of the batch-loaded type, the unit shall be designed so that the combustion chamber gas outlet temperature shall reach 600°C within five minutes after start-up and will thereafter stabilize at a temperature not less than 850°C.

Regulation 17 Reception Facilities

  • 1. Each Party undertakes to ensure the provision of facilities adequate to meet the:
    • .1.needs of ships using its repair ports for the reception of ozone depleting substances and equipment containing such substances when removed from ships;
    • .2.needs of ships using its ports, terminals or repair ports for the reception of exhaust gas cleaning residues from an exhaust gas cleaning system,
      without causing undue delay to ships; and
    • .3.needs in ship-breaking facilities for the reception of ozone depleting substances and equipment containing such substances when removed from ships.
  • 1bis. Small Island Developing States may satisfy the requirements in paragraph 1 of this regulation through regional arrangements when, because of those States' unique circumstances, such arrangements are the only practical means to satisfy these requirements. Parties participating in a regional arrangement shall develop a Regional Reception Facilities Plan, taking into account the guidelines developed by the Organization.
    The Government of each Party participating in the arrangement shall consult with the Organization for circulation to the Parties of the present Convention:
    • .1.how the Regional Reception Facilities Plan takes into account the Guidelines;
    • .2.particulars of the identified Regional Ships Waste Reception Centres; and
    • .3.particulars of those ports with only limited facilities.
  • 2. If a particular port or terminal of a Party is – taking into account the guidelines to be developed by the Organization – remotely located from, or lacking in, the industrial infrastructure necessary to manage and process those substances referred to in paragraph 1 of this regulation and therefore cannot accept such substances, then the Party shall inform the Organization of any such port or terminal so that this information may be circulated to all Parties and Member States of the Organization for their information and any appropriate action. Each Party that has provided the Organization with such information shall also notify the Organization of its ports and terminals where reception facilities are available to manage and process such substances.
  • 3. Each Party shall notify the Organization for transmission to the Members of the Organization of all cases where the facilities provided under this regulation are unavailable or alleged to be inadequate.

Regulation 18 Fuel Oil Availability and Quality

  • 1. Each Party shall take all reasonable steps to promote the availability of fuel oils which comply with this Annex and inform the Organization of the availability of compliant fuel oils in its ports and terminals.
  • 2.1. If a ship is found by a Party not to be in compliance with the standards for compliant fuel oils set forth in this Annex, the competent authority of the Party is entitled to require the ship to:
    • .1.present a record of the actions taken to attempt to achieve compliance; and
    • .2.provide evidence that it attempted to purchase compliant fuel oil in accordance with its voyage plan and, if it was not made available where planned, that attempts were made to locate alternative sources for such fuel oil and that despite best efforts to obtain compliant fuel oil, no such fuel oil was made available for purchase.
  • 2.2. The ship should not be required to deviate from its intended voyage or to delay unduly the voyage in order to achieve compliance.
  • 2.3. If a ship provides the information set