Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 3]
PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION
OF POLLUTION FROM SHIPS, 1973
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 single instrument.
3. Every reference to the present Protocol constitutes at the same time a
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 II(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 Accession
1. The present Protocol shall be open for signature at the Headquarters of the
Organization from 1 June 1978 to 31 May 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 or 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 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.
DONE AT LONDON this seventeenth day of February one thousand nine hundred and
seventy-eight.
Annex
MODIFICATIONS AND ADDITIONS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION
OF POLLUTION FROM SHIPS, 1973
Annex I
REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL
Regulation 1
Definitions
Paragraphs (1) to (7) — No change
The existing text of paragraph (8) is replaced by the following :
(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 Protocol
not applicable to it as an existing ship.
(b)
Notwithstanding the provisions of sub-paragraph (a) of this paragraph,
conversion of an existing oil tanker of 20,000 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.
Paragraphs (9) to (22) — No change
The existing text of paragraph (23) is replaced by the following:
(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.
Paragraphs (24) and (25) — No change
The following paragraphs are added to the existing text:
(26) Notwithstanding the provisions of paragraph (6) of this Regulation,
for the purposes of Regulations 13, 13B, 13E and 18(5) 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 and 18(6) 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.
Regulations 2 and 3 — No change
Regulation 4
The existing text of regulation 4 is replaced by the following:
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 organisations to conduct
surveys and inspections as set forth in sub-paragraphs (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 Protocol 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.
Regulations 5, 6 and 7
In the existing text of these Regulations, delete all references to
“(1973)” in relation to the International Oil Pollution
Prevention Certificate.
Regulation 8
Duration of Certificate
The existing text of Regulation 8 is replaced by the following:
(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.
Regulations 9 to 12 — No change
The existing text of Regulation 13 is replaced by the following
Regulations:
Regulation 13
Segregated Ballast Tanks, Dedicated Clean Ballast Tanks 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
sub-paragraph (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 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.
(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 carriers 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 Protocol.
(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 Protocol; 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
Protocol.
Existing product carriers of 40,000 tons deadweight and above
(10) From the date of entry into force of the present Protocol, 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 paragraph (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 Clean Ballast 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.
(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 Protocol.
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.
(4) Every oil tanker operating with dedicated clean ballast tanks shall be
provided with:
(a) 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; and
(b) a
Supplement to the Oil Record Book referred to in Regulation 20 of this
Annex as set out in Supplement 1 to Appendix III of this Annex. The Supplement
shall be permanently attached to the Oil Record Book.
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.
(3) An inert gas system shall be provided in every cargo tank and slop tank in
accordance with the appropriate Regulations of Chapter 11-2 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.
(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:
(a) 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; and
(b) a
Supplement to the Oil Record Book referred to in Regulation 20 of this
Annex as set out in Supplement 2 to Appendix III of this Annex. The Supplement
shall be permanently attached to the Oil Record Book.
Regulation 13C
Existing Tankers Engaged in Specific Trades
(1) Subject to the provisions of paragraphs (2) and (3) 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 Protocol; or
(b)
ports or terminals of States Parties to the present Protocol; 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 Organisation.
(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
entry in the appropriate Sections of the Supplement to the Oil Record Book
referred to in paragraph (3) of this Regulation 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 sub-paragraph (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 Protocol 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.
(3) Every oil tanker engaged in a specific trade shall be provided with a
Supplement to the Oil Record Book referred to in Regulation 20 of this
Annex as set out in Supplement 3 to Appendix III of this Annex. The Supplement
shall be permanently attached to the Oil Record Book.
Regulation 13D
Existing Oil Tankers Having Special Ballast Arrangements
(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 Protocol 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
sub-paragraph (1)(c) of this Regulation shall communicate to the
Organization the particulars thereof for circulation to the Parties to the
present Protocol.
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 1 ) shall be so arranged as to comply with the following
requirement:
where: PA c = the side
shell area in square metres for each segregated ballast tank or space other
than an oil tank based on projected moulded dimensions,
PA s = the bottom
shell area in square metres for each such tank or space based on projected
moulded dimensions,
L 1 = length in metres
between the forward and after extremities 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 200,000 tons deadweight and above the value of
“J” may be reduced as follows:
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.
0 c = as defined in
Regulation 23(1)(a) of this Annex,
0 s = as defined in
Regulation 23(1)(b) of this Annex,
0 ^ = the allowable
oil outflow as required by Regulation 24(2) of this Annex.
(4) In the determination of “PA c ” and “PA s ” for
segregated ballast tanks 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 centre line. Where a lesser
width is provided the wing tank or space shall not be taken into account when
calculating the protecting area “PA c ”; and
(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 — No change
Regulation 15
In the existing text of this Regulation, delete reference to
“(1973)” in relation to the International Oil Pollution Prevention
Certificate
Regulations 16 and 17 — No change
Regulation 18
Pumping, Piping and Discharge Arrangements of Oil Tankers
Paragraphs (1) to (4) — No change
The following paragraphs are added to the existing text:
(5) Every new oil tanker required to be provided with segregated ballast
tanks, or 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 such 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 connexion 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 for that purpose and connected outboard
of the ship’s manifold valves.
(6) Every existing crude oil carrier required to be provided with segregated
ballast tanks, or fitted with a crude oil washing system or operated with
dedicated clean ballast tanks, shall comply with the provisions of
paragraph (5)(b) of this Regulation.
Regulation 19 — No change
Regulation 20
In the existing text, delete reference to “(1973)” in relation to
the International Oil Polution Prevention Certificate.
Regulations 21 to 25 — No change
Appendix I — LIST OF OILS
No Change
Appendix II — FORM OF CERTIFICATE
The existing form of Certificate is replaced by the following form:
INTERNATIONAL OIL POLLUTION PREVENTION CERTIFICATE
Issued under the provisions of the Protocol of 1978 Relating to the
International Convention for the Prevention of Pollution from Ships, 1973,
under the Authority of the Government of
................................................................................................................................
( full designation of the country )
by
...........................................................................................................................
( full designation of the competent person or organization authorized under
the provisions of the Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships, 1973 )
|
|
Distinctive |
|
|
|---|---|---|---|
|
|
Type of ship:
Crude oil tanker [*]
Product carrier*
Crude oil/product carrier*
Ship other than an oil tanker with cargo tanks coming under
Regulation 2(2) of Annex I of the Protocol*
Ship other than any of the above*
Date of building or major conversion contract
......................................................
Date on which keel was laid or ship was at a similar stage of construction or
on which major conversion was commenced
.............................................................
Date of delivery or completion of major conversion
.............................................
PART A ALL SHIPS
The ship is equipped with:
for ships of 400 tons gross tonnage and above:
(a)
oily-water separating equipment [*] (capable of producing effluent with an
oil content not exceeding 100 parts per million)
(b) an
oil filtering system* (capable of producing effluent with an oil content not
exceeding 100 parts per million)
for ships of 10,000 tons gross tonnage and above:
(c) an
oil discharge monitoring and control system* (additional to (a) or (b) above)
or
(d)
oily-water separating equipment and an oil filtering system* (capable of
producing effluent with an oil content not exceeding 15 parts per million) in
lieu of (a) or (b) above.
Particulars of requirements from which exemption is granted under
Regulation 2(2) and 2(4)(a) of Annex I of the Protocol:
................................................................................................................................
................................................................................................................................
Remarks:
Endorsement for existing ships*
This is to certify that this ship has now been so equipped as to comply with
the requirements of the Protocol of 1978 relating to the International
Convention for the Prevention of Pollution from Ships, 1973, as relating to
existing ships**
Signed .........................................................
( Signature of duly authorized official )
Place ...........................................................
Date ............................................................
( Seal or stamp of the Authority, as appropriate )
________________________
* This entry need not be
reproduced on a certificate other than the first Certificate issued to any
ship.
** The period after the entry into force of the
Protocol within which oily-water separating equipment, oil discharge control
systems, oil filtering systems and/or slop tank arrangements must be provided
is set out in Regulations 13A(3), 15(1) and 16(4) of Annex I of the
Protocol.
PART B OIL TANKERS [*]
|
Carrying |
|
|
| | |
|
It is certified that this ship is constructed and equipped, and must operate,
in accordance with the following:
1. This ship is:
(a)
required to be constructed according to and complies with [*]
(b) not
required to be constructed according to*
(c) not
required to be constructed according to, but complies with*
the requirements of Regulation 24 of Annex I of the Protocol.
2. This ship is:
(a)
required to be constructed according to and complies with*
(b) not
required to be constructed according to*
the requirements of Regulation 13E of Annex I of the Protocol.
3. This ship is:
(a)
required to be provided with segregated ballast tanks according to, and
complies with*
(b) not
required to be provided with segregated ballast tanks according to*
(c) not
required to be provided with segregated ballast tanks according to, but
complies with*
(d) in
accordance with Regulation 13C or 13D of Annex I of the Protocol, and as
specified in Part C of this Certificate, exempted from*
the requirements of Regulation 13 of Annex I of the Protocol
(e)
fitted with a cargo tank cleaning system using crude oil washing in accordance
with the provisions of Regulation 13B of Annex I of the Protocol, in lieu
of being provided with segregated ballast tanks*
(f)
provided with dedicated clean ballast tanks in accordance with the provisions
of Regulation 13A of Annex I of the Protocol, in lieu of being either
provided with segregated ballast tanks or fitted with a cargo tank cleaning
system using crude oil washing*
4. This ship is:
(a)
required to be fitted with a cargo tank cleaning system using crude oil
washing according to, and complies with [*]
(b) not
required to be fitted with a cargo tank cleaning system using crude oil
washing according to*
the requirements of Regulation 13(6) of Annex I of the Protocol.
Segregated ballast tanks [**]
The segregated ballast tanks are distributed as follows:
|
Tank |
Volume (m 3 ) |
Tank |
Volume (m 3 ) |
|
|
Dedicated Clean Ballast Tanks**
This ship is operating with dedicated clean ballast tanks until
..............................
(date)
in accordance with the requirements of Regulation 13A of Annex I of the
Protocol.
The dedicated clean ballast tanks are designated as follows:
|
Tank |
Volume (m 3 ) |
Tank |
Volume (m 3 ) |
|
|
Manual [*]
This is to certify that this ship has been supplied with:
(a) a
valid Dedicated Clean Ballast Tank Operation Manual in accordance with
Regulation 13A of Annex I of the Protocol [**]
(b) a
valid Operations and Equipment Manual for Crude Oil Washing in accordance with
Regulation 13B of Annex I of the Protocol**
Identification of the valid Manual
.........................................................................
Signed ......................................................
( Signature of duly authorized official )
Place .........................................................
Date ..........................................................
( Seal or stamp of the Authority, as appropriate )
Identification of the valid Manual
.........................................................................
Signed ......................................................
( Signature of duly authorized official )
Place..........................................................
Date...........................................................
( Seal or stamp of the Authority, as appropriate )
PART C EXEMPTIONS*
This is to certify that this ship is:
(a)
solely engaged in trade
between..................................................................................................and............................................................................in
accordance with Regulation 13C of Annex I of the Protocol**; or
(b)
operating with special ballast arrangements in accordance with
Regulation 13D of Annex I of the Protocol [**]
and is therefore exempted from the requirements of Regulation 13 of Annex
I of the Protocol.
Signed ......................................................
( Signature of duly authorized official )
Place .........................................................
Date ..........................................................
( Seal or stamp of the Authority, as appropriate )
THIS IS TO CERTIFY:
That the ship has been surveyed in accordance with Regulation 4 of Annex
I of the Protocol of 1978 Relating to the International Convention for the
Prevention of Pollution from Ships, 1973, concerning the prevention of
pollution by oil; and
that the survey shows that the structure, equipment, systems, fittings,
arrangement and material of the ship and the condition thereof are in all
respects satisfactory and that the ship complies with the applicable
requirements of Annex I of that Protocol.
This Certificate is valid until
.......................................................................
subject to intermediate
survey(s) at intervals of
...............................................................................
Issued at
.......................................................................................................
( Place of issue of Certificate )
............................................... 19 .........
............................................................
( Signature of duly authorized official )
( Seal or stamp of the Authority, as appropriate )
Intermediate Survey
This is to certify that at an intermediate survey required by
Regulation 4(1)(c) of Annex I of the Protocol 1978 Relating to the
International Convention for the Prevention of Pollution from Ships, 1973,
this ship and the condition thereof were found to comply with the relevant
provisions of that Protocol.
Signed .................................................................
( Signature of duly authorized official )
Place ...................................................................
Date ....................................................................
Next intermediate survey due .............................
( Seal or stamp of the Authority, as appropriate)
Signed .................................................................
( Signature of duly authorized official )
Place ...................................................................
Date ....................................................................
Next intermediate survey due .............................
( Seal or stamp of the Authority, as appropriate)
Signed .................................................................
( Signature of duly authorized official )
Place ...................................................................
Date ....................................................................
Next intermediate survey due .............................
( Seal or stamp of the Authority, as appropriate)
Signed .................................................................
( Signature of duly authorized official )
Place ...................................................................
Date ....................................................................
Next intermediate survey due .............................
( Seal or stamp of the Authority, as appropriate)
Appendix III
FORM OF OIL RECORD BOOK
The following forms of Supplements to the Oil Record Book are added to the
existing form:
Supplement 1
FORM OF SUPPLEMENT TO OIL RECORD BOOK FOR OIL TANKERS OPERATED WITH DEDICATED
CLEAN BALLAST TANKS [*]
Name of ship
..........................................................................................................
Distinctive numbers or letters
................................................................................
Total cargo carrying capacity
........................................................... cubic metres
Total dedicated clean ballast capacity
.............................................. cubic metres
The following tanks are designated as dedicated clean ballast tanks:
|
Tank |
Volume (m 3 ) |
Tank |
Volume (m 3 ) |
|
|
NOTE: The periods covered by the Supplement should
be consistent with the periods covered by the Oil Record Book.
(A) Ballasting of dedicated clean ballast tanks
|
101. Identity of tank(s) ballasted | | | |
|
102. Date and position of ship when water intended
for flushing, or port ballast was taken to dedicated clean ballast tank(s) | |
||
|
103. Date and position of ship when pump(s) and
lines were flushed to slop tank | | | |
|
104. Date and position of ship when additional
ballast water was taken to dedicated clean ballast tank(s) | | | |
|
105. Date, time and position of ship when (a)
valves to slop tank, (b) valves to cargo tanks, (c) other valves affecting the
clean ballast system were closed | | | |
|
106. Quantity of clean ballast taken on board | |
|
The undersigned certifies that, in addition to the above, all sea valve, cargo
tank and pipeline connexions and connexions between tanks or inter-tank
connexions, were secured on the completion of ballasting of dedicated clean
ballast tanks.
Date of entry ................................
Officer in charge ..............................................
Master
..............................................................
(B) Discharge of clean ballast
|
107. |
Identity of tank(s) | | | |
|
108. |
Date, time and position of ship at start of discharge of clean ballast (a) to
sea, or (b) into reception facility | | | |
|
109. |
Date, time and position of ship upon completion of discharge to sea | | | |
|
110. |
Quantity discharged (a) to sea, or (b) into reception facility | | | |
|
111. |
Was the ballast water checked for oil contamination before discharge? | | | |
|
112. |
Was the discharge monitored during discharge by an oil content meter? | | | |
|
113. |
Was there any indication of oil contamination of the ballast water before or
during discharge? | | | |
|
114. |
Date and position of ship when pump and lines were flushed after loading | | |
|
|
115. |
Date, time and position of ship when (a) valves to slop tank, (b) valves
to cargo tanks, (c) other valves affecting the clean ballast system were
closed | | | |
|
116. |
Quantity of polluted water transferred to slop tank(s). (Identify slop
tank(s)) | | | |
The undersigned certifies that, in addition to the above, all sea valves
overboard discharge valves, cargo tank and pipeline connexions between tanks
or inter-tank connexions, were secured on completion of discharge of clean
ballast and that the pump(s) and pipes designated for clean ballast operations
were properly cleaned upon completion of discharge of clean ballast.
Date of entry ................................
Officer in charge ..............................................
Master
..............................................................
Supplement 2
FORM OF SUPPLEMENT TO OIL RECORD BOOK FOR CRUDE OIL TANKERS OPERATING WITH A
CARGO TANK CLEANING PROCEDURE USING CRUDE OIL WASHING [*]
Name of ship
..........................................................................................................
Distinctive number or letters
.................................................................................
Total cargo carrying capacity
........................................................... cubic metres
Voyage from ...................... .....................
to..................... ......................
(Port(s)) (date)
(Port(s)) (date)
NOTES: The periods covered by the Supplement
should be consistent with the periods covered by the Oil Record Book.
The cargo tanks crude oil washed should he those laid down in
the Operations and Equipment Manual required by Regulation 13B(5)(a)
of the Protocol.
A separate column should be used for each tank washed or water rinsed.
(A) Crude oil washing
|
201. Date when and port where crude oil washing
was carried out or ship’s position if carried out between two discharge
ports | | | | |
|
202. Identity of tank(s) washed (see [Note 1] ) |
| |||
|
203. Number of machines in use | | | | |
|
204. Commenced washing (a) date
and time (b)
ullage | | | | |
|
205. Washing pattern employed (see [Note 2] ) | |
| ||
|
206. Washing line pressure | | | | |
|
207. Completed or stopped washing (a) date
and time (b)
ullage | | | | |
|
208. Remarks | | | | |
The tanks were washed in accordance with programmes given in the Operations
and Equipment Manual (see [Note 3] ) and confirmed dry on completion.
Date of entry ................................
Officer in charge ..............................................
Master
..............................................................
(B) Water rinsing or flushing of tank bottoms
|
209. Date and position of ship when rinsing or
flushing was carried out | | | | |
|
210. Identity of tank(s) and date | | | | |
|
211. Volume of water used | | | | |
|
212. Transferred to: (a)
reception facilities (b) slop
tank(s) (identify slop tank(s)) | | | | |
Date of entry ................................
Officer in charge ..............................................
Master
..............................................................
Supplement 3
FORM OF SUPPLEMENT TO OIL RECORD BOOK FOR OIL TANKERS ENGAGED IN SPECIFIC
TRADES [*]
Name of ship
..........................................................................................................
Distinctive number or letters
.................................................................................
Total cargo carrying capacity
.......................................................
cubic metres
Total ballast water capacity
required for compliance with
Regulation 13(2) and (3) of
Annex 1 of the Protocol
................................................................
cubic metres
Voyages from ................................................ to
...................................................
(Port(s)) (Port(s))
NOTE: The periods covered by the Supplement should
be consistent with the periods covered by the Oil Record Book.
(A) Loading of ballast water
|
301. |
Identity of tank(s) ballasted | | | | |
|
302. |
Date and position of ship when ballasted | | | | |
|
303. |
Total quantity of ballast loaded in cubic metres | | | | |
|
304. |
Method of calculating ballast quantity | | | | |
|
305. |
Remarks | | | | |
|
306. |
Date and signature of officer in charge | | | | |
|
307. |
Date and signature of Master | | | | |
(B) Re-allocation of ballast water within the ship
|
308. |
Reason for re-allocation | | | | |
|
309. |
Date and signature of officer in charge | | | | |
|
310. |
Date and signature of Master | | | | |
(C) Ballast water discharge to reception facility
|
311. |
Date and port(s) where ballast water was discharged | | | | |
|
312. |
Name or designation of reception facility | | | | |
|
313. |
Total quantity of ballast water discharged in cubic metres | | | | |
|
314. |
Method of calculating ballast quantity | | | | |
|
315. |
Date and signature of officer in charge | | | | |
|
316. |
Date and signature of Master | | | | |
|
317. |
Date, signature and stamp of port authority official | | | | |
Annex II
REGULATIONS FOR THE CONTROL OF POLLUTION BY NOXIOUS LIQUID SUBSTANCES IN BULK
No
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