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PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THEREVENTION OF POLLUTION FROM SHIPS, 197
PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THEREVENTION OF POLLUTION FROM SHIPS, 197
Whole document
The Parties to the present Protocol.
Recognizing the significant contribution which can be made by the
International Convention for the Prevention of Pollution from Ships, 1973,
to the protection of the marine environment from pollution from ships,
Recognizing also the need to improve further the prevention and
control of marine pollution from ships. particularly oil tankers.
Recognizing further the need for implementing the Regulations for the
Prevention of Pollution by Oil contained in Annex I of that Convention as
early and as widely as possible.
Acknowledging however the need to defer the application of Annex II of
that Convention until certain technical problems have been satisfactorily
resolved,
Considering that these objectives may best be achieved by the
conclusion of a Protocol relating to the International Convention for the
Prevention of Pollution from Ships, 1973,
Have agreed as follows:
Article I General obligations
1. The parties to the present Protocol undertake to give effect to the
provisions of:
(a) the present Protocol and the Annex hereto which shall
constitute an integral part of the present Protocol; and
(b) the International Convention for the Prevention of Pollution
from Ships, 1973 (hereinafter referred to as "the Convention"), subject to
the modifications and additions set
out in the present Protocol.
2. The provisions of the Convention and the present protocol shall be
read and interpreted together as one signal instrument.
3. Every reference to the present Protocol constitutes at the same
time as reference to the Annex hereto.
Article II Implementation of Annex II of the Convention
1. Notwithstanding the provisions of Article 14 (1) of the Convention,
the Parties to the present Protocol agree that they shall not be bound by
the provisions of Annex II of the Convention for a period of three years
from the date of entry into force of the present Protocol or for such
longer period as may be decided by a two-thirds majority of the Parties to
the present Protocol in the Marine Environment Protection Committee
(hereinafter referred to as "the Committee") of the Inter-Governmental
Maritime Consultative Organization (hereinafter referred to as "the
Organization")
2. During the period specified in paragraph 1 of this Article, the
Parties to the present Protocol shall not be under any obligations nor
entitled to claim any privileges under the Convention in respect of
matters relating to Annex II of the Convention and all reference to
Parties in the Convention shall not include the Parties to the present
Protocol in so far as matters relating to that Annex are concerned.
Article III Communication of Information
The text of Article XI (1) (b) of the Convention is replaced by the
following:" 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."
Article IV Signature Ratification Acceptance, Approval and Acces-sion
1. The present Protocol shall be open for signature at the
Headquarters of the Organization from June 1, 1978 to May 31, 1979 and
shall thereafter remain open for accession. States may become Parties to
the present Protocol 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.
Article V Entry into Force
1. The present Protocol shall enter into force twelve months after the
date on which not less than fifteen States, the combined merchant fleets
of which constitute not less than fifty per cent of the gross tonnage of
the world's merchant shipping, have become Parties to it in accordance
with Article IV of the present Protocol.
2. Any instrument of ratification, acceptance, approval or accession
deposited after the date on which the present Protocol enters into force
shall take effect three months after the date of deposit.
3. After the date on which an amendment to the present Protocol is
deemed to have been accepted in accordance with Article 16 of the
Convention, any instrument of ratification. acceptance approval of
accession deposited shall apply to the present Protocol as amended.
Article VI Amendments
The procedures set out in Article 16 of the Convention in respect of
amendments to the Articles, an Annex and an Appendix to an Annex of the
Convention Shall apply respectively to amendments to the Articles, the
Annex and an Appendix to the Annex of the present Protocol.
Article VII Denunciation
1. The present Protocol may be denounced by any Party to the present
Protocol at any time after the expiry of five years from the date on which
the Protocol enters into force for that Party.
2. Denunciation shall be effected by the deposit of an instrument of
denunciation with the Secretary-General of the Organization.
3. A denunciation shall take effect at twelve months after receipt of
the notification by the Secretary-General of the Organization or after the
expiry of any other longer period which may be indicated in the
notification.
Article VIII Depositary
1. The present Protocol shall be deposited with the Secretary-General
of the Organization (hereinafter referred to as "the Depositary").
2. The Depositary shall:
(a) inform all States which have signed the present Protocol or
acceded thereto of:
(i) each new signature or deposit of an instrument of
ratification, acceptance, approval or accession, together with the date
thereof;
(ii) the date of entry into force of the present Protocol;
(iii) the deposit of any instrument of denunciation of the
present Protocol together with the date on which it was received and the
date on which the denunciation takes effect;
(iv) any decision made in accordance with Article II (1) of
the present Protocol;
(b) transmit certified true copies of the present Protocol to all
States which have signed the present Protocol or acceded thereto
3. As soon as the present Protocol enters into force, a certified true
copy thereof shall be transmitted by the Depositary to the Secretariat of
the United Nations for registration and publication in accordance with
Article 102 of the Charter of the United Nations.
Article IX Languages
The present Protocol is established in a single original 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 Protocol.
[* Signatures omitted.]
Done at London this seventeenth day of February one thousand nine
hundred and seventy-eight.
PROTOCOL I PROVISIONS CONCERNING REPORTS ON INCIDENTS INVOLVINGHARMFUL 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, chartered, 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 or probable discharge of oil, or noxious liquid
substances carried in bulk, resulting from damage to the ship or its
equipment, or for the purpose of securing the safety of a ship or 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) 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 I (a) of this article means
oil as defined in regulation I (1) of Annex I of the Convention.
(b) "Noxious liquid substances" referred to in subparagraph I (a)
of this article means noxious liquid substances as defined in regulation I
(6) of Annex II of the Convention.
(c) "Harmful substances" in packaged form referred to in
subparagraph I (b) of this article means substances which are identified
as marine pollutants in the International Maritime Dangerous Goods Code
(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 of MARPOL 73/78 Regulations for the Prevention of Pollu-tion by Oil
(including amendments)
Chapter I 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 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) "Oily mixture" means a mixture with any oil content.
(3) "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.
(4) "Oil tanker" means a ship constructed or adapted primarily to
carry oil in bulk in its cargo spaces and includes combination carriers
and any "chemical tanker" as defined in Annex II of the present Convention
when it is carrying a cargo or part cargo of oil in bulk.
(5) "Combination carrier" means a ship designed to carry either oil or
solid cargoes in bulk.
(6) "New ship" means a ship:
(a) for which the building contract is placed after 31 December
1975; or
(b) 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
(c) the delivery of which is after 31 December 1979; or
(d) which has undergone a major conversion:
(i) for which the contract is placed after 31 December 1975;
or
(ii) in the absence of a contract, the construction work of
which is begun after 30 June 1976; or
(iii) which is completed after 31 December 1979.
(7) "Existing ship" means a ship which is not a new ship.
(8) (a) "Major conversion" means a conversion of an existing ship:
(i) which substantially alters the dimensions or carrying
capacity of the ship; or
(ii) which changes the type of the ship; or
(iii) the intent of which in the opinion of the Administration
is substantially to prolong its life; or
(iv) 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.
(b) Notwithstanding the provisions of subparagraph (a) of this
paragraph, conversion of an existing oil tanker of 20000 tons deadweight
and above to meet the requirements of regulation 13 of this Annex shall
not be deemed to constitute a major conversion for the purposes of this
Annex.
(9) "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 ¡ã00¡äS, longitude 142¡ã08¡äE
to a point in latitude 10 ¡ã35¡äS, longitude 141¡ã55¡äE,
thence to a point latitude 10 ¡ã00¡äS, longitude 142¡ã00¡äE,
thence to a point latitude 9¡ã10¡äS, longitude 143¡ã52¡äE,
thence to a point latitude 9¡ã00¡äS, longitude 144¡ã30¡äE,
thence to a point latitude 13 ¡ã00¡äS, longitude 144¡ã00¡äE,
thence to a point latitude 15 ¡ã00¡äS, longitude 146¡ã00¡äE,
thence to a point latitude 18 ¡ã00¡äS, longitude 147¡ã00¡äE,
thence to a point latitude 21 ¡ã00¡äS, longitude 153¡ã00¡äE,
thence to a point on the coast of Australia
in latitude 24¡ã42¡äS, longitude 153¡ã15¡äE.
(10) "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. Special
areas shall include those listed in regulation 10 of this Annex.
(11) "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.
(12) "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.
(13) "Wing tank" means any tank adjacent to the side shell plating.
(14) "Centre tank" means any tank inboard of a longitudinal bulkhead.
(15) "Slop tank" means a tank specifically designated for the
collection of tank draining, tank washings and other oily mixtures.
(16) "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.
(17) "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 substances as
variously defined in the Annexes of the present Convention.
(18) "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.
(19) "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.
(20) "Amidships" is at the middle of the length (L).
(21) "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.
(22) "Deadweight" (DW) means the difference in metric tons between the
displacement of a ship in water of a specify gravity of 1.025 at the load
waterline corresponding to the assigned summer freeboard and the
lightweight of the ship.
(23) "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.
(24) "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.
(25) "Volumes" and "areas" in a ship shall be calculated in all cases
to moulded lines.
(26) Notwithstanding the provisions of paragraph (6) of this
regulation, for the purposes of regulations 13, 13B, 13E and 18(4) of this
Annex, "new oil tanker" means an oil tanker:
(a) for which the building contract is placed after 1 June 1979;
or
(b) 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
(c) the delivery of which is after 1 June 1982; or
(d) which has undergone a major conversion:
(i) for which the contract is placed after 1 June 1979; or
(ii) in the absence of a contract, the construction work of
which is begun after 1 January 1980; or
(iii) which is completed after 1 June 1982; except that, for
oil tankers of 70,000 tons deadweight and above, the definition in
paragraph (6) of this regulation shall apply for the purposes of
regulation 13 (1) of this Annex.
(27) Notwithstanding the provisions of paragraph (7) of this
regulation, for the purposes of regulations 13, 13A, 13B, 13C, 13D, 18(5)
and 18 (6) (c) of this Annex, "existing oil tanker" means an oil tanker
which is not a new oil tanker as defined in paragraph (26) of this
regulation.
(28) "Crude oil" means any liquid hydrocarbon mixture occurring
naturally in the earth whether or not treated to render it suitable for
transportation and includes:
(a) crude oil from which certain distillate fractions may have
been removed; and
(b) crude oil to which certain distillate fractions may have been
added.
(29) "Crude oil tanker" means an oil tanker engaged in the trade of
carrying crude oil.
(30) "Product carrier" means an oil tanker engaged in the trade of
carrying oil other than crude oil.
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 9, 10, 14,
15(1), (2) and (3), 18, 20 and 24(4) 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 15 (4) of this Annex man apply in lieu of
regulation 15(1), (2) and (3).
(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) (a) Any hydrofoil, air-cushion vehicle and other new type of
vessel (nearsurface craft, submarine craft, etc.) whose constructional
features are such as to render the application of any of the provisions of
chapters II and III of this Annex 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.
(b) Particulars of any such exemption granted by the
Administration shall be indicated in the Certificate referred to in
regulation 5 of this Annex.
(c) 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 therefor, which the
Organization shall circulate to the Parties to the Convention for their
information and appropriate action, if any.
Regulation 3 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, as an alternative to that required by this Annex shall
communicate to the Organization for circulation to the Parties to the
Convention particulars thereof, for their information and appropriate
action, if any.
Regulation 4 Surveys and inspections
(1) Every oil tanker of 150 tons gross tonnage and above, and every
other ship of 400 tons gross tonnage and above shall be subject to the
surveys specified below:
(a) 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.
(b) Periodical surveys at intervals specified by the
Administration but not exceeding five years, which shall be such as to
ensure that the structure, equipment, systems, fittings, arrangements and
material fully comply with the requirements of this Annex.
(c) A minimum of one intermediate survey during the period of
validity of the Certificate which 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. In
cases where only one such intermediate survey is carried out in any one
Certificate validity period, it shall be held not before six months prior
to, nor later than six months after the half-way date of the Certificate's
period of validity. Such intermediate surveys shall be endorsed on the
Certificate issued under regulation 5 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) (a) 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.
(b) The Administration shall institute arrangements for
unscheduled inspections to be carried out during the period of validity of
the Certificate. Such inspections shall ensure that the ship and its
equipment remain in all respects satisfactory for the service for which
the ship is intended. These inspections may be carried out by their own
inspection services, or by nominated surveyors or by recognized
organizations, or by other Parties upon request of the Administration.
Where the Administration, under the provisions of paragraph (1) of this
regulation, establishes mandatory annual surveys, the above unscheduled
inspections shall not be obligatory.
(c) An Administration nominating surveyors or recognizing
organizations to conduct surveys and inspections as set forth in
subparagraphs (a) and (b) of this paragraph, shall as a minimum empower
any nominated surveyor or recognized organization to:
(i) require repairs to a ship; and
(ii) carry out surveys and inspections 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 Protocol for the information of their officers.
(d) 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.
(e) In every case, the Administration concerned shall fully
guarantee the completeness and efficiency of the survey and inspection and
shall undertake to ensure the necessary arrangements to satisfy this
obligation.
(4) (a) 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.
(b) 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.
(c) 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 of certificate
(1) An International Oil Pollution Prevention Certificate shall be
issued, after survey in accordance with the provisions of regulation 4 of
this Annex, to any oil tanker of 150 tons gross tonnage and above and any
other ships of 400 tons gross tonnage and above which are 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 twelve months after the date of entry into force of the
present Convention.
(2) Such certificate shall be issued 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 6 Issue 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 Oil Pollution Prevention Certificate to 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 5 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 7 Form of certificate
The International Oil Pollution Prevention Certificate shall be drawn
up in an official language of the issuing country in the form
corresponding to the model given in appendix II to this Annex. If the
language used is neither English nor French, the text shall include a
translation into one of these languages.
Regulation 8 Duration 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 from the date of issue, provided that in the case of an
oil tanker operating with dedicated clean ballast tanks for a limited
period specified in regulation 13 (9) of this Annex, the period of
validity of the certificate shall not exceed such specified period.
(2) A certificate shall cease to be valid if significant alterations
have taken place in the construction, equipment, systems, fittings,
arrangements or material required without the sanction of the
Administration, except the direct replacement of such equipment or
fittings, or if intermediate surveys as specified by the Administration
under regulation 4(1) (c) of this Annex are not carried out.
(3) A certificate issued to a ship shall also cease to be valid 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 full compliance with the requirements of
regulation 4(4) (a) and (b) 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 transmit as soon as possible to the Administration a
copy of the certificate carried by the ship before the transfer and, if
available, a copy of the relevant survey report.
Chapter II Requirements for control of operational pollution
Regulation 9 Control of discharge of oil
(1) Subject to the provisions of regulations 10 and 11 of this Annex
and paragraph (2) of this regulation, any discharge into the sea of oil or
oily mixtures from ships to which this Annex applies shall be prohibited
except when all the following conditions are satisfied:
(a) for an oil tanker, except as provided for in subparagraph (b)
of this paragraph:
(i) the tanker is not within a special area;
(ii) the tanker is more than 50 nautical miles from the
nearest land;
(iii) the tanker is proceeding en route;
(iv) the instantaneous rate of discharge of oil content does
not exceed 60 litres per nautical mile;
(v) the total quantity of oil discharged into the sea does not
exceed for existing tankers 1/15,000 of the total quantity of the
particular cargo of which the residue formed a part, and for new tankers
1/30,000 of the total quantity of the particular cargo of which the
residue formed a part; and
(vi) the tanker has in operation an oil discharge monitoring
and control system and a slop tank arrangement as required by regulation
15 of this Annex.
(b) from a ship of 400 tons gross tonnage and above other than an
oil tanker and from machinery space bilges excluding cargo pump-room
bilges of an oil tanker unless mixed with oil cargo residue:
(i) the ship is not within a special area;
(ii) the ship is more than 12 nautical miles from the nearest
land;
(iii) the ship is proceeding en route;
(iv) the oil content of the effluent is less than 100 parts
per million; and
(v) the ship has in operation an oil discharge monitoring and
control system, oily-water separating equipment, oil filtering equipment
or other installation as required by regulation 16 of this Annex.
(2) In the case of a ship of less than 400 tons gross tonnage other
than an oil tanker whilst outside the special area, the Administration
shall ensure that it is equipped as far as practicable and reasonable with
installations to ensure the storage of oil residues on board and their
discharge to reception facilities or into the sea in compliance with the
requirements of paragraph (1) (b) of this regulation.
(3) 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 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 or regulation 10 of this Annex. 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.
(4) The provisions of paragraph (1) of this regulation shall not apply
to the discharge of clean or segregated ballast or unprocessed oily
mixtures which without dilution have an oil content not exceeding 15 parts
per million and which do not originate from cargo pump-room bilges and are
not mixed with oil cargo residues. The provisions of subparagraph (1) (b)
of this regulation shall not apply to the discharge of the processed oily
mixture, provided that all of the following conditions are satisfied:
(a) the oily mixture does not originate from cargo pump-room
bilges;
(b) the oily mixture is not mixed with oil cargo residues;
(c) the oil content of the effluent without dilution does not
exceed 15 parts per million; and
(d) the ship has in operation oil filtering equipment complying
with regulation 16(7) of this Annex.
(5) 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.
(6) The oil residues which cannot be discharged into the sea in
compliance with paragraphs (1), (2) and (4) of this regulation shall be
retained on board or discharged to reception facilities.
Regulation 10 Methods for the prevention of oil pollution fromships while operating in special areas
(1) 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 Gulf of Aden area and the Antarctic area,
which are defined as follows:
(a) 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¡ã N parallel and
bounded to the west by the Straits of Gibraltar at the meridian of 5¡ã36¡ä
W.
(b) 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 ¡ã44.8¡äN.
(c) The Black Sea area means the Black Sea proper with the
boundary between the Mediterranean and the Black Sea constituted by the
parallel 41¡ãN.
(d) 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 ¡ã28.5¡äN, 43 ¡ã19.6¡äE) and Husn Murad (12 ¡ã40.4¡äN, 43 ¡ã30.2¡ä
E).
(e) The Gulfs area means the sea area located north-west of the
rhumb line between Ras al Hadd (22¡ã30¡äN, 59 ¡ã48¡äE) and Ras Al Fasteh
(25¡ã04¡äN, 61 ¡ã25¡äE).
(f) 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¡ã28.5¡äN, 43 ¡ã19.6¡äE) and Husn Murad (12 ¡ã
40.4¡äN, 43 ¡ã30.2¡äE) and to the east by the rhumb line between Ras Asir
(11 ¡ã50¡äN, 51 ¡ã16.9¡äE) and the Ras Fartak (15 ¡ã35¡äN, 52¡ã13.8¡äE).
(g) The Antarctic area means the sea area south of latitude 60¡ãS.
(2) Subject to the provisions of regulation 11 of this Annex:
(a) Any discharge into the sea of oil or oily mixture from any oil
tanker and any ship of 400 tons gross tonnage and above other than an oil
tanker shall be prohibited while in a special area. In respect of the
Antarctic area, any discharge into the sea of oil or oily mixture from any
ship shall be prohibited.
(b) Except as provided for in respect of the Antarctic area under
subparagraph 2 (a) of this regulation, any discharge into the sea of oil
or oily mixture from a ship of less than 400 tons gross tonnage, other
than an oil tanker, shall be prohibited while in a special area, except
when the oil content of the effluent without dilution does not exceed 15
parts per million or alternatively when all of the following conditions
are satisfied:
(i) the ship is proceeding en route;
(ii) the oil content of the effluent is less than 100 parts
per million; and
(iii) the discharge is made as far as practicable from the
land, but in no case less than 12 nautical miles from the nearest land.
(3) (a) The provisions of paragraph (2) of this regulation shall not
apply to the discharge of clean or segregated ballast.
(b) The provisions of subparagraph (2) (a) of this regulation
shall not apply to the discharge of processed bilge water from machinery
spaces, provided that all of the following conditions are satisfied:
(i) the bilge water does not originate from cargo pump-room
bilges:
(ii) the bilge water is not mixed with oil cargo residues;
(iii) the ship is proceeding en route;
(iv) the oil content of the effluent without dilution does not
exceed 15 parts per million;
(v) the ship has in operation oil filtering equipment
complying with regulation 16 (7) of this Annex; and
(vi) the filtering system is equipped with a stopping device
which will ensure that the discharge is automatically stopped when the oil
content of the effluent exceeds 15 parts per million.
(4) (a) 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.
(b) The oil residues which cannot be discharged into the sea in
compliance with paragraph (2) or (3) of this regulation shall be retained
on board or discharged to reception facilities.
(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 regulation 9 of this Annex.
(6) 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 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 or regulation 9 of this Annex. 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.
(7) Reception facilities within special areas:
(a) Mediterranean Sea, Black Sea and Baltic Sea areas:
(i) The Government of each Party to the Convention the
coastline of which borders on any given special area undertakes to ensure
that not later than 1 January 1977 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.
(ii) The Government of each Party having under its
jurisdiction entrances to seawater courses with low depth contour which
might require a reduction of draught by the discharge of ballast
undertakes to ensure the provision of the facilities referred to in
subparagraph (a) (i) of this paragraph but with the proviso that ships
required to discharge slops or dirty ballast could be subject to some
delay.
(iii) During the period between the entry into force of the
present Convention (if earlier than 1 January 1977) and 1 January 1977
ships while navigating in the special areas shall comply with the
requirements of regulation 9 of this Annex. However, the Governments of
Parties the coastlines of which border any of the special areas under this
subparagraph may establish a date earlier than 1 January 1977, but after
the date of entry in force of the present Convention, from which the
requirements of this regulation in respect of the special areas in
question shall take effect:
¢Ù if all the reception facilities required have been provided
by the date so established; and
¢Ú provided that the Parties concerned notify the Organization
of the date so established at least six months in advance, for circulation
to other Parties.
(iv) After 1 January 1977, or the date established in
accordance with subparagraph (a) (iii) of this paragraph if earlier, each
Party shall notify the Organization for transmission to the Contracting
Governments concerned of all cases where the facilities are alleged to be
inadequate.
(b) Red Sea area, Gulfs area and Gulf of Aden area:
(i) The Government of each Party the coastline of which
borders on the special areas undertakes to ensure that as soon as possible
all oil loading terminals and repair ports within these special areas are
provided with facilities adequate for the reception and treatment of all
the dirty ballast and tank washing water from 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.
(ii) The Government of each Party 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
undertake to ensure the provision of the facilities referred to in
subparagraph (b) (i) of this paragraph but with the proviso that ships
required to discharge slops or dirty ballast could be subject to some
delay.
(iii) Each Party concerned shall notify the Organization of
the measures taken pursuant to provisions of subparagraph (b) (i) and (ii)
of this paragraph. Upon receipt of sufficient notifications the
Organization shall establish a date from which the requirements of this
regulation 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.
(iv) 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 regulation 9 of
this Annex.
(v) 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 this regulation. 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.
(vi) 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.
(vii) At least the reception facilities as prescribed in
regulation 12 of this Annex shall be provided by 1 January 1977 or one
year after the date of entry into force of the present Convention,
whichever occurs later.
(8) Notwithstanding paragraph (7) of this regulation, the following
rules apply to the Antarctic area:
(a) The Government of each Party to the 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.
(b) The Government of each Party to the 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 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.
Regulation 11 Exceptions
Regulations 9 and 10 of this Annex shall not apply to:
(a) 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
(b) the discharge into the sea of oil or oily mixture resulting
from damage to a ship or its equipment:
(i) 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
(ii) 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
(c) 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 12 Reception facilities
(1) Subject to the provisions of regulation 10 of this Annex, the
Government of each Party 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:
(a) 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;
(b) all ports and terminals in which oil other than crude oil in
bulk is loaded at an average quantity of more than 1,000 metric tons per
day;
(c) all ports having ship repair yards or tank cleaning
facilities;
(d) all ports and terminals which handle ships provided with the
sludge tank(s) required by regulation 17 of this Annex;
(e) all ports in respect of oily bilge waters and other residues,
which cannot be discharged in accordance with regulation 9 of this Annex;
and
(f) all loading ports for bulk cargoes in respect of oil residues
from combination carriers which cannot be discharged in accordance with
regulation 9 of this Annex.
(3) The capacity for the reception facilities shall be as follows:
(a) 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 9(1)(a) of this Annex from
all oil tankers on voyages as described in paragraph (2)(a) of this
regulation.
(b) Loading ports and terminals referred to in paragraph (2) (b)
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 9(1)(a) of this Annex from oil tankers which load
oil other than crude oil in bulk.
(c) 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.
(d) All facilities provided in ports and terminals under paragraph
(2)(d) of this regulation shall be sufficient to receive all residues
retained according to regulation 17 of this Annex from all ships that may
reasonably be expected to call at such ports and terminals.
(e) 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 9 of
this Annex.
(f) The facilities provided in loading ports for bulk cargoes
shall take into account the special problems of combination carriers as
appropriate.
(4) The reception facilities prescribed in paragraphs (2) and (3) of
this regulation shall be made available no later than one year from the
date of entry into force of the present Convention or by 1 January 1977,
whichever occurs later.
(5) 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.
Regulation 13 Segregated ballast tanks, dedicated clean ballasttanks and crude oil washing
Subject to the provisions of regulations 13C and 13D of this Annex,
oil tankers shall comply with the requirements of this regulation.
New oil tankers of 20,000 tons deadweight and above
(1) Every new crude oil tanker of 20,000 tons deadweight and above and
every new product carrier of 30,000 tons deadweight and above shall be
provided with segregated ballast tanks and shall comply with paragraphs
(2), (3) and (4), or paragraph (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 each of the following requirements:
(a) 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;
(b) the draughts at the forward and after perpendiculars shall
correspond to those determined by the draught amidships (dm) as specified
in subparagraph (a) of this paragraph, in association with the trim by the
stern of not greater than 0.015L; and
(c) 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:
(a) 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
(b) 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.
Such additional ballast water shall be processed and
discharged in compliance with regulation 9 of this Annex and in accordance
with the requirements of regulation 15 of this Annex and an entry shall be
made in the Oil Record Book referred to in regulation 20 of this Annex.
(4) In the case of new 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 13B 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) Every new crude oil tanker of 20,000 tons deadweight and above
shall be fitted with a cargo tank cleaning system using crude oil washing.
The Administration shall undertake to ensure that the system fully
complies with the requirements of regulation 13B of this Annex 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. Unless such oil tanker carries crude
oil which is not suitable for crude oil washing, the oil tanker shall
operate the system in accordance with the requirements of that regulation.
Existing crude oil tankers of 40,000 tons deadweight and above
(7) Subject to the provisions of paragraphs (8) and (9) of this
regulation every existing crude oil tanker of 40,000 tons deadweight and
above shall be provided with segregated ballast tanks and shall comply
with the requirements of paragraphs (2) and (3) of this regulation from
the date of entry into force of the present Convention.
(8) Existing crude oil tankers referred to in paragraph (7) of this
regulation may, in lieu of being provided with segregated ballast tanks,
operate with a cargo tank cleaning procedure using crude oil washing in
accordance with regulation 13B of this Annex unless the crude oil tanker
is intended to carry crude oil which is not suitable for crude oil
washing.
(9) Existing crude oil tankers referred to in paragraph (7) or (8) of
this regulation may, in lieu of being provided with segregated ballast
tanks or operating with a cargo tank cleaning procedure using crude oil
washing, operate with dedicated clean ballast tanks in accordance with the
provisions of regulation 13A of this Annex for the following period:
(a) for crude oil tankers of 70,000 tons deadweight and above,
until two years after the date of entry into force of the present
Convention; and
(b) for crude oil tankers of 40,000 tons deadweight and above but
below 70,000 tons deadweight, until four years after the date of entry
into force of the present Convention.
Existing product carriers of 40,000 tons deadweight and above
(10) From the date of entry into force of the present Convention,
every existing product carrier of 40,000 tons deadweight and above 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 provisions of regulation 13A of this Annex.
An oil tanker qualified as a segregated ballast oil tanker
(11) Any oil tanker which is not required to be provided with
segregated ballast tanks in accordance with paragraphs (1), (7) or (10) 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 paragraph (5) as appropriate, of this regulation.
Regulation 13A Requirements for oil tankers with dedicated cleanballast tanks
(1) An oil tanker operating with dedicated clean ballast tanks in
accordance with the provisions of regulation 13 (9) or (10) of this Annex,
shall have adequate tank capacity, dedicated solely to the carriage of
clean ballast as defined in regulation 1 (16) of this Annex, to meet the
requirements of regulation 13 (2) and (3) of this Annex.
(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 Specifications for Oil Tankers with Dedicated Clean
Ballast Tanks adopted by the International Conference on Tanker Safety and
Pollution Prevention, 1978, in resolution 14 and as may be revised by the
Organization.*
[* Reference is made to the Revised Specifications for Oil Tankers
with Dedicated Clean Ballast Tanks adopted by the Organization by
resolution A.495 (XII)]
(3) An oil tanker operating with dedicated clean ballast tanks 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. The oil
content meter shall be installed no later than at the first scheduled
shipyard visit of the tanker following the entry into force of the present
Convention. Until such time as the oil content meter is installed, it
shall immediately before discharge of ballast be established by
examination of the ballast water from dedicated tanks that no
contamination with oil has taken place.
[** Reference is made to the Recommendation on International
Performance and Test Specifications for Oily-Water Separating Equipment
and Oil Content Meters adopted by the Organization by resolution A.393
(X).]
(4) Every oil tanker 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 paragraph (2)
of this regulation. If an alteration affecting the dedicated clean ballast
tank system is made, the Operation Manual shall be revised accordingly.
[*** See resolution A.495 (XII) for the standard format of the
Manual.]
Regulation 13B Requirements for crude oil washing
(1) Every crude oil washing system required to be provided in
accordance with regulation 13(6) and (8) of this Annex shall comply with
the requirements of this regulation.
(2) The 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 International Conference on
Tanker Safety and Pollution Prevention, 1978, in resolution 15 and as may
be revised by the Organization.****
[**** Reference is made to Revised Specifications for the Design,
Operation and Control of Crude Oil Washing Systems adopted by the
Organization by resolution A.446 (XI) and amended by the Organization by
resolution A.496 (XII).]
(3) An inert gas system shall be provided in every cargo tank and slop
tank in accordance with the appropriate regulations of chapter II-2 of the
International Convention for the Safety of Life at Sea, 1974, as modified
and added to by the Protocol of 1978 relating to the International
Convention for the Safety of Life at Sea, 1974 and as may be further
amended.
(4) 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.
(5) 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
this regulation. If an alteration affecting the crude oil washing system
is made, the Operations and Equipment Manual shall be revised accordingly.
[* Reference is made to the Standard Format of the Crude Oil Washing
Operation and Equipment Manual adopted by the Marine Environment
Protection Committee of the Organization by resolution MEPC. 3 (XII).]
Regulation 13C Existing tankers engaged in specific trades
(1) subject to the provisions of paragraph (2) of this regulation,
regulation 13 (7) to (10) of this Annex shall not apply to an existing
oil tanker solely engaged in specific trades between:
(a) ports or terminals within a State Party to the present
Convention; or
(b) ports or terminals of States Parties to the present
Convention, where:
(i) the voyage is entirely within a special area as defined in
regulation 10 (1) of this Annex; or
(ii) the voyage is entirely within other limits designated by
the Organization.
(2) The provisions of paragraph (1) 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:
(a) subject to the exceptions provided for in regulation 11 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 referred to in
regulation 20 of this Annex is endorsed by the competent port State
authority;
(b) agreement has been reached between the Administration and the
Governments of the port States referred to in subparagraph (1) (a) or (b)
of this regulation concerning the use of an existing oil tanker for a
specific trade;
(c) 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
(d) the International Oil Pollution Prevention Certificate is
endorsed to the effect that the oil tanker is solely engaged in such
specific trade.
Regulation 13D Existing oil tankers having special ballast arran-gements
(1) Where an existing oil tanker is so constructed or operates in such
a manner that it complies at all times with the draught and trim
requirements set out in regulation 13 (2) of this Annex without recourse
to the use of ballast water, it shall be deemed to comply with the
segregated ballast tank requirements referred to in regulation 13(7) of
this Annex, provided that all of the following conditions are complied
with:
(a) operational procedures and ballast arrangements are approved
by the Administration;
(b) 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
(c) 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 9 of this
Annex and in accordance with the requirements of regulation 15 of this
Annex, and entry shall be made in the Oil Record Book referred to in
regulation 20 of this Annex.
(3) An Administration which has endorsed a Certificate in accordance
with subparagraph (1) (c) of this regulation shall communicate to the
Organization the particulars thereof for circulation to the Parties to the
present Convention.
Regulation 13E Protective location of segregated ballast spaces
(1) In every new crude oil tanker of 20,000 tons deadweight and above
and every new product carrier of 30,000 tons deadweight and above, the
segregated ballast tanks required to provide the capacity to comply with
the requirements of regulation 13 of this Annex which are located within
the cargo tank length, shall be arranged in accordance with the
requirements of paragraphs (2), (3) and (4) of this regulation to provide
a measure of protection against oil outflow in the event of grounding or
collision.
(2) Segregated ballast tanks and spaces other than oil tanks within
|---|
the cargo tank length | (L ) | shall be so arranged as to comply with the
| t |
|---|
following requirement:
|--------|
| ¡ÆPA +¡ÆPA ¡ÝJ[L (B+2D)] |
| c s t |
|--------|
|---|
where: | PA | = the side shell area in square metres for each
| c |
|---|
segregated ballast tank or space other than an oil tank based on
projected moulded dimensions,
|---|
| PA | = the bottom shell area in square metres for each such tank
| s |
|---|
or space based on projected moulded dimensions,
|---|
| L | = length in metres between the forward and after extremities
| t |
|---|
of the cargo tanks,
B= maximum breadth of the ship in metres as defined in
regulation 1 (21) of this Annex,
D= moulded depth in metres measured vertically from the top of
the keel to the top of the freeboard deck beam at side amidships. In ships
having rounded gunwales, the moulded depth shall be measured to the point
of intersection of the moulded lines of the deck and side shell plating,
the lines extending as though the gunwale were of angular design,
J= 0.45 for oil tankers of 20,000 tons deadweight, 0.30 for oil
tankers of 200,000 tons deadweight and above, subject to the provisions of
paragraph (3) of this regulation.
For intermediate values of deadweight the value of J shall be
determined by linear interpolation.
Whenever symbols given in this paragraph appear in this regulation,
they have the meaning as defined in this paragraph.
(3) For tankers of 20,0000 tons deadweight and above the value of J
may be reduced as follows.
|---------|
| O + O |
| c s |
| J reduced = [J-(a---)] | or 0.2 whichever is greater
| 4O |
| A |
|---------|
where: a=0.25 for oil tankers of 200,000 tons deadweight,
a=0.40 for oil tankers of 300,000 tons deadweight,
a=0.50 for oil tankers of 420,000 tons deadweight and above.
For intermediate values of deadweight the value of a shall be
determined by linear interpolation.
O =as defined regulation 23 (1) (a) of this Annex,
c
O =as defined in regulation 23 (1) (b) of this Annex,
s
O =the allowable oil outflow as required by regulation 24 (2)
A
of this Annex.
(4) In the determination of PA and PA for segregated ballast tanks
s s
and spaces other than oil tanks the following shall apply:
(a) 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 PA ; and
c
(b) 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 PA .
s
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 14 Segregation of oil and water ballast and carriage ofoil in forepeak tanks
(1) Except as provided in paragraph (2) of this regulation, in new
ships of 4000 tons gross tonnage and above other than oil tankers, and in
new oil tankers of 150 tons gross tonnage and above, no ballast water
shall be carried in any oil fuel tank.
(2) Where abnormal conditions or 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 9 using
the equipment specified in regulation 16(2) of this Annex, and an entry
shall be made in the Oil Record Book to this effect.
(3) All other ships shall comply with the requirements of paragraph
(1) of this Regulation as far as is reasonable and practicable.
(4) In a ship of 400 tons 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.
(5) All ships other than those subject to paragraph (4) of this
regulation shall comply with the provisions of that paragraph, as far as
is reasonable and practicable.
Regulation 15 Retention of oil on board
(1) Subject to the provisions of paragraphs (5) and (6) of this
regulation, oil tankers of 150 tons gross tonnage and above shall be
provided with arrangements in accordance with the requirements of
paragraphs (2) and (3) of this regulation, provided that in the case of
existing tankers the requirements for oil discharge monitoring and control
systems and slop tank arrangements shall apply three years after the date
of entry into force of the present Convention.
(2) (a) 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. In existing
oil tankers, any cargo tank may be designated as a slop tank.
(b) 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 9 of this Annex.
(c) 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:
(i) 2 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;
(ii) 2 per cent where segregated ballast tanks or dedicated
clean ballast tanks are provided in accordance with regulation 13 of this
Annex, or where a cargo tank cleaning system using crude oil washing is
fitted in accordance with regulation 13B 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;
(iii) 1 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.
New oil tankers of 70,000 tons deadweight and above shall be
provided with at least two slop tanks.
(d) 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) (a) An oil discharge monitoring and control system approved by the
Administration shall be fitted. 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 monitor 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 9(1)(a) of this Annex. Any failure of this
monitoring and control system shall stop the discharge and be noted in the
Oil Record Book. A manually operated alternative method shall be provided
and may be used in the event of such failure, but the defective unit shall
be made operable as soon as possible. ** The port State authority may
allow the tanker with a defective unit to undertake one ballast voyage
before proceeding to a repair port. ** 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
Systems for Oil Tankers developed by the Organization. *** Administrations
may accept such specific arrangements as detailed in the Guidelines and
Specifications.
[* Reference is made to the Recommendation on International
Performance and Test Specifications for Oily-Water Separating Equipment
and Oil Content Meters adopted by the Organization by resolution
A.393(X).]
[** This amendment was adopted by the MEPC at its thirty-first session
and will enter into force on 4 April 1993.]
[*** Reference is made to the Revised Guidelines and Specifications
for Oil Discharge Monitoring and Control Systems for Oil Tankers adopted
by the Organization by resolution A.586(14).]
(b) Effective oil/water interface detectors approved by the
Administration shall be provided 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.
(c) 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 9 of this Annex.****
[**** Reference is made to Clean Seas Guide for Oil Tankers, published
by the International Chamber of Shipping and the Oil Companies
International Marine Forum.]
(4) The requirements of paragraphs (1), (2) and (3) of this regulation
shall not apply to oil tankers of less than 150 tons gross tonnage, for
which the control of discharge of oil under regulation 9 of this Annex
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 recorded in the Oil Record Book. This total quantity 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 regulation 9 of
this Annex are complied with.
(5) (a) The Administration may waive the requirements of paragraphs
(1), (2) and (3) of this regulation for any oil tanker which engages
exclusively on voyages both of 72 hours or less in duration and within 50
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.
(b) The Administration may waive the requirements of paragraph (3)
of this regulation for oil tankers other than those referred to in
subparagraph (a) of this paragraph in cases where:
(i) the tanker is an existing oil tanker of 40000 tons
deadweight or above, as referred to in regulation 13C(1) of this Annex,
engaged in specific trades, and the conditions specified in regulation
13C(2) are complied with; or
(ii) the tanker is engaged exclusively in one or more of the
following categories of voyages:
¢Ù voyages within special areas; or
¢Ú voyages within 50 miles from the nearest land outside
special areas where the tanker is engaged in:
(aa) trades between ports or terminals of a State Party to
the present Convention; or
(bb) 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:
¢Û all oily mixtures are retained on board for subsequent
discharge to reception facilities;
¢Ü for voyages specified in subparagraph (b) (ii) ¢Ú of this
paragraph, 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;
¢Ý 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
subparagraphs (b) (ii)¢Ù and (b) (ii) ¢Ú (bb) of this paragraph; and
¢Þ the quantity, time, and port of discharge are recorded in
the Oil Record Book.
(6) Where in the view of the Organization equipment required by
regulation 9 (1) (a) (vi) of this Annex and specified in subparagraph (3)
(a) of this regulation is not obtainable for the monitoring of discharge
of light refined products (white oils), the Administration may waive
compliance with such requirement, provided that discharge shall be
permitted only in compliance with procedures established by the
Organization which shall satisfy the conditions of regulation 9(1) (a) of
this Annex except the obligation to have an oil discharge monitoring and
control system in operation. The Organization shall review the
availability of equipment at intervals not exceeding twelve months.
(7) The requirements of paragraphs (1), (2) and (3) of this regulation
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 9 of this Annex shall be effected by
the retention of residues on board with discharge of all contaminated
washings to reception facilities.
Regulation 16 Oil discharge monitoring and control system andoily-water separating and oil filtering equipment
(1) Any ship of 400 tons gross tonnage and above but less than 10,000
tons gross tonnage shall be fitted with oily-water separating equipment
(100 ppm equipment) complying with paragraph (6) of this regulation. Any
such ship which carries large quantities of oil fuel shall comply with
paragraph (2) of this regulation or paragraph (1) of regulation 14.
(2) Any ship of 10,000 tons gross tonnage and above shall be fitted
either:
(a) with oily-water separating equipment (100 ppm equipment)
complying with paragraph (6) of this regulation and with an oil discharge
monitoring and control system complying with paragraph (5) of this
regulation; or
(b) with oil filtering equipment (15 ppm equipment) complying with
paragraph (7) of this regulation.
(3) (a) The Administration may waive the requirements of paragraphs
(1) and (2) of this regulation for any ship engaged exclusively on:
(i) voyages within special areas; or
(ii) voyages within 12 miles of the nearest land outside
special areas, provided the ship is in:
¢Ù trade between ports or terminals within a State Party to
¢Ú restricted voyages as determined by the Administration;
provided that all of the following conditions are complied with:
(iii) 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;
(iv) all oily bilge water is retained on board for subsequent
discharge to reception facilities;
(v) 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;
(vi) the International Oil Pollution Prevention Certificate,
when required, is endorsed to the effect that the ship is exclusively
engaged on the voyages specified in subparagraph (a) (i) or (a) (ii) ¢Ú of
this paragraph; and
(vii) the quantity, time, and port of discharge are recorded
in the Oil Record Book.
(b) The Administration shall ensure that ships of less than 400
tons 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 9(1) (b) of this Annex.
(4) For existing ships the requirements of paragraphs (1), (2) and (3)
of this regulation shall apply three years after the date of entry into
force of the present Convention.
(5) An oil discharge monitoring and control system shall be of a
design approved by the Administration. In considering the design of the
oil content meter to be incorporated into 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 oil content in parts per million. This record shall be
identifiable as to time and date and shall be kept for at least three
years. The 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 oil content of effluent
exceeds that permitted by regulation 9 (1) (b) of this Annex. Any failure
of the system shall stop the discharge and be noted in the Oil Record
Book. The defective unit shall be made operable before the ship commences
its next voyage unless it is proceeding to a repair port. Existing ships
shall comply with all of the provisions specified above except that the
stopping of the discharge may be performed manually.
(6) Oily-water separating equipment referred to in paragraphs (1) and
(2) (a) 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 of less than 100 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) (b) 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 or systems has an oil content not exceeding 15
parts per million. It shall be provided with alarm arrangements to
indicate when this level cannot be maintained. In considering the design
of such equipment, the Administration shall have regard to the
specification recommended by the Organization. * In the case of ships less
than 10,000 tons gross tonnage, other than those carrying large quantities
of oil fuel or those discharging bilge water under regulation 10 (3)(b),
which are provided with oil filtering equipment in lieu of oily-water
separating equipment, the requirements of the alarm arrangements shall be
complied with as far as is reasonable and practicable.
[* Reference is made to the Recommendation on International
Performance and Test Specifications for Oily-Water Separating Equipment
and Oil Content Meters adopted by the Organization by resolution
A.393(x).-]
Regulation 17 Tanks for oil residues (sludge)
(1) Every ship of 400 tons gross tonnage and above shall be provided
with a tank or tanks 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, such as those resulting from the purification of fuel and
lubricating oils and oil leakages in the machinery spaces.
(2) In new ships, such tanks shall be designed and constructed so as
to facilitate their cleaning and the discharge of residues to reception
facilities. Existing ships shall comply with this requirement as far as is
reasonable and practicable.
(3) Piping to and from sludge tanks shall have no direct connection
overboard, other than the standard discharge connection referred to in
regulation 19.
Regulation 18 Pumping, piping and discharge arrangements of oiltankers
(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, pipelines for the discharge to the sea of
ballast water or oil contaminated water from cargo tank areas which may be
permitted under regulation 9 or regulation 10 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) (a) to (e) of this regulation
may be accepted.
(3) In new oil tankers 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 new oil tanker required to be provided with segregated
ballast tanks of fitted with a crude oil washing system shall comply with
the following requirements:
(a) it shall be equipped with oil piping so designed and installed
that oil retention in the lines is minimized; and
(b) 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 drainings 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 existing crude oil tanker required to be provided with
segregated ballast tanks, or to be fitted with a crude oil washing
system, or to operate with dedicated clean ballast tanks, shall comply
with the provisions of paragraph (4) (b) 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:
(a) Segregated ballast and clean ballast may be discharged below
the waterline:
(i) in ports or at offshore terminals, or
(ii) at sea by gravity,
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.
(b) Existing oil tankers 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.
(c) Existing oil tankers 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 13A (3) of
this Annex.
(d) 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
15 (3) (b) 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.
(e) On existing oil tankers 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 (d) of this paragraph, provided that:
(i) 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
(ii) 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.
Regulation 19 Standard discharge connection
To enable pipes of reception facilities to be connected with the
ship's discharge pipeline for residues from machinery bilges, both lines
shall be fitted with a standard discharge connection in accordance with
the following table: Standard dimensions of flanges for discharge
connections
|-------------------------
| Description | Dimension |
|--------|------------------|
|Outside diameter |215mm |
|--------|------------------|
|Inner diameter |According to pipe outside diameter |
|--------|------------------|
|Bolt circle diameter |183mm |
|--------|------------------|
|6 holes 22 mm in diameter equidistantly placed on a bolt circle of |
|Slots in flange |the above diameter, slotted to the flange periphery. The slot |
|width to be 22 mm |
|--------|------------------|
|Flange thickness |20mm |
|--------|------------------|
|Bolts and nuts: |
|6, each of 20 mm in diameter and of suitable length |
|quantity, diameter |
|-------------------------|
|
|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 |
| 2 |
|a gasket of oil-proof material, shall be suitable for a service pressure of 6 kg/cm . |
|
|-------------------------
Regulation 20 Oil Record Book
(1) Every oil tanker of 150 tons gross tonnage and above and every
ship of 400 tons gross tonnage and above other than an oil tanker shall be
provided with an Oil Record Book Part I (Machinery Space Operations).
Every oil tanker of 150 tons gross tonnage and above shall also be
provided with an Oil Record Book Part II (Cargo/Ballast Operations). The
Oil Record Book(s), whether as a part of the ship's official log-book of
otherwise, shall be in the Form(s) specified in appendix III to this
Annex.
(2) The Oil Record Book shall be completed on each occasion, on a
tank-to-tank basis if appropriate, whenever any of the following
operations take place in the ship:
(a) for machinery space operations (all ships):
(i) ballasting or cleaning of oil fuel tanks;
(ii) discharge of dirty ballast or cleaning water from tanks
referred to under (i) of the subparagraph;
(iii) disposal of oily residues (sludge);
(iv) discharge overboard or disposal otherwise of bilge water
which has accumulated in machinery spaces;
(b) for cargo/ballast operations (oil tankers):
(i) loading of oil cargo;
(ii) internal transfer of oil cargo during voyage;
(iii) unloading of oil cargo;
(iv) ballasting of cargo tanks and dedicated clean ballast
tanks;
(v) cleaning of cargo tanks including crude oil washing;
(vi) discharge of ballast except from segregated ballast
tanks;
(vii) discharge of water from slop tanks;
(viii) closing of all applicable valves or similar devices
after slop tank discharge operations;
(ix) closing of valves necessary for isolation of dedicated
clean ballast tanks from cargo and stripping lines after slop tank
discharge operations;
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