UNIFIED INTERPRETATIONS
TO THE REVISED MARPOL ANNEX I AND TO REGULATION 13G(4) OF THE EXISTING MARPOL ANNEX I

 

(52nd session MEPC 52/24. 1 November 2004)

 

 

 

 

1. Definitions

 

Reg. 1.1

 

Definition of "oil"

 

1.1 (Animal and vegetable oils are found to fall under the category of "noxious liquid substance", and therefore this interpretation has been deleted (see Annex II, appendix II, of MARPOL 73/78).)

 

Treatment for oily rags

 

1.2 Oily rags, as defined in the guidelines for the Implementation of Annex V of MARPOL 73/78, should be treated in accordance with Annex V and the procedures set out in the Guidelines.

 

Definition of an oil tanker

 

1.3 FPSOs and FSUs are not oil tankers and are not to be used for the transport of oil except that, with the specific agreement by the flag and relevant coastal States on a voyage basis, produced oil may be transported to port in abnormal and rare circumstances.

 

2. Major conversion

 

Reg. 1.9

 

2.1 The deadweight to be used for determining the application of provisions of Annex I is the deadweight assigned to an oil tanker at the time of the assignment of the load lines. If the load lines are reassigned for the purpose of altering the deadweight, without alteration of the structure of the ship, any substantial alteration of the deadweight consequential upon such reassignments should not be construed as "a major conversion" as defined in regulation 1.9. However, the IOPP Certificate should indicate only one deadweight of the ship and be renewed on every reassignment of load lines.

 

2.2 If a crude oil tanker of 40,000 tonnes deadweight and above delivered on or before 1 June 1982 as defined in regulation 1.28.3 satisfying the requirements of COW changes its trade for the carriage of product oil* conversion to CBT or SBT and reissuing of the IOPP Certificate will be necessary (see paragraph 19 below). Such conversion should not be considered as a "major conversion" as defined in regulation 1.9.

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* "Product oil" means any oil other than crude oil as defined in regulation 1.2.

 

2.3 When an oil tanker is used solely for the storage of oil and is subsequently put into service in the transport of oil, such a change of function should not be construed as a "major conversion" as defined in regulation 1.9.

 

2.4 The conversion of an existing oil tanker to a combination carrier, or the shortening of a tanker by removing a transverse section of cargo tanks, should constitute a "major conversion" as defined in regulation 1.9.

 

2.5 The conversion of an existing oil tanker to a segregated ballast tanker by the addition of a transverse section of tanks should constitute a "major conversion" as defined in regulation 1.9 only when the cargo carrying capacity of the tanker is increased.

 

2.6 When a ship built as a combination carrier operates exclusively in the bulk cargo trade, the ship may be treated as a ship other than an oil tanker and Form A of the Record of Construction and Equipment should be issued to the ship. The change of such a ship from the bulk trade to the oil trade should not be construed as a "major conversion" as defined in regulation 1.9.

 

3. Definition of "segregated ballast"

 

Reg. 1.18

 

3.1 The segregated ballast system should be a system which is "completely separated from the cargo oil and fuel systems" as required by regulation 1.18. Nevertheless, provision may be made for emergency discharge of the segregated ballast by means of a connection to a cargo pump through a portable spool piece. In this case non-return valves should be fitted on the segregated ballast connections to prevent the passage of oil to the segregated ballast tanks. The portable spool piece should be mounted in a conspicuous position in the pump-room and a permanent notice restricting its use should be prominently displayed adjacent to it.

 

3.2 Sliding type couplings should not be used for expansion purposes where lines for cargo oil of fuel oil pass through tanks for segregated ballast, and where lines for segregated ballast pass through cargo oil or fuel oil tanks. This interpretation is applicable to ships, the keel of which is laid, or which are at a similar stage of construction, on or after 1 July 1992.

 

4. Unforeseen delay in delivery of ships

 

Reg. 1.28

 

4.1 For the purpose of defining the category of a ship under regulation 1.28, a ship for which the building contract (or keel laying) and delivery were scheduled before the dates specified in these regulations, but which has been subject to delay in delivery beyond the specific date due to unforeseen circumstances beyond the control of the builder and the owner, may be accepted by the Administration as a ship of the category related to the estimated date of delivery. The treatment of such ships should be considered by the Administration on a case by case basis, bearing in mind the particular circumstances.

 

4.2 It is important that ships delivered after the specified dates due to unforeseen delay and allowed to be treated as a ship of the category related to the estimated date of delivery by the Administration, should also be accepted as such by port States. In order to ensure this, the following practice is recommended to Administrations when considering an application for such a ship:

 

.1 the Administration should thoroughly consider applications on a case by case basis, bearing in mind the particular circumstances. In doing so in the case of a ship built in a foreign country, the Administration may require a formal report from the authorities of the country in which the ship was built, stating that the delay was due to unforeseen circumstances beyond the control of the builder and the owner;

 

.2 when a ship is treated as a ship of the category related to the estimated date of delivery upon such and application, the IOPP Certificate for the ship should be endorsed to indicate that the ship is accepted by the Administration such a ship; and

 

.3 the Administration should report to the Organization on the identity of the ship and the grounds on which the ship has been accepted as such a ship.

 

5. Definition of generation of ships

 

Regs. 1.28.2, 1.28.4, 1.28.6,1.28.7, 1.28.9

 

For the purpose of defining the ships in accordance with regulations 1.28.2, 1.28.4, 1.28.6, 1.28.7, 1.28.8, a ship which falls into any one of the  categories listed in subparagraphs 1, 2, 3, 4.1, 4.2, or 4.3 of these paragraphs should be considered as a ship falling under the corresponding definition.

 

6. Annex I substances which through their physical properties inhibit effective product/water separation and monitoring

 

Reg. 2.4

 

6.1 The Government of the receiving Party should establish appropriate measures in order to ensure that provisions of 6.2 are complied with.

 

6.2 A tank which has been unloaded should, subject to the provisions of 6.3, be washed and all contaminated washings should be discharged to a reception facility before the ship the port of unloading for another port.

 

6.3 At the request of the ship’s master, the Government of the receiving Party may exempt the ship from the requirements referred to in 6.2, where it is satisfied that:

 

.1 the tank unloaded is to be reloaded with the same substance or another substance compatible with the previous one and that the tanker will not be washed or ballasted prior to loading; and

 

.2 the tank unloaded is neither washed nor ballasted at sea if the ship is to proceed to another port unless it has been confirmed in writing that a reception facility at that port is available and adequate for the purpose of receiving the residues and solvents necessary for the cleaning operations.

 

6.4 An exemption referred to in 6.3 should only be granted by the Government of the receiving Party to a ship engaged in voyages to ports or terminals under the jurisdiction of other Parties to the Convention. When such an exemption has been granted it should be certified in writing by the Government of the receiving Party.

 

6.5 In the case of ships retaining their residues on board and proceeding to ports or terminals under the jurisdiction of other Parties to the Convention, the Government of the receiving Party is advised to inform the next port of call of the particulars of the ship and cargo residues, for their information and appropriate action for the detection of violations and enforcement of the Convention.

 

7. Conditions for waiver

 

Regs. 3.4, 3.5, 14.5.3

 

The International Oil Pollution Prevention Certificate should contain  sufficient information to permit the port State to determine if the ship complies with the waiver conditions regarding the phrase "restricted voyages as determined by the Administration". This may include a list of ports, the maximum duration of the voyage between ports having reception facilities, or similar conditions as established by the Administration.

 

Regs. 3.4 and 3.5.2.2.2

 

8. The time limitation "of 72 hours or less in duration" in regulations 3.4 and 3.5.2.2.2 should be counted:

 

.1 from the time the tanker leaves the special area, when a voyage starts within a special area; or

 

.2 from the time the tanker leaves a port situated outside the special area to the time the tanker approaches a special area.

 

Regs. 3.4 and 3.5.2.2.3

 

9. The phrase "all oily mixtures" in regulations 3.4 and 3.5.2.2.3 includes all ballast water and tank washing residues from cargo oil tanks.

 

10. Equivalents

 

Reg. 5

 

10.1 Acceptance by and Administration under regulation 5 of any fitting, material, appliance, or apparatus as an alternative to that required by Annex I includes type approval of pollution prevention equipment which is equivalent to that specified in resolution A.393(X)*. An Administration that allows such type approval shall communicate particulars thereof, including the test results on which the approval of equivalency was based, to the Organization in accordance with regulation 5.2.

 

With regard to the term "appropriate action, if any" in regulation 5.2, any Party to the Convention that has an objection to an equivalency submitted by another Party should communicate this objection to the Organization and to the Party which allowed the equivalency within one year after the Organization circulates the equivalency to the Parties. The Party objecting to the equivalency should specify whether the objection pertains to ships entering its ports.

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* For oily-water separating equipment for machinery space bilges of ships, refer to the Guidelines and specifications for Pollution Prevention equipment for machinery space bilges adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC.60(33), which effective on 6 July 1993, superseded resolution A.393(X) and the revised Guidelines and specifications for pollution prevention equipment for machinery spaces of ships, adopted by the Organization by resolution MEPC.107(49). For oil discharge monitoring and control systems installed on oil tankers built before 2 October 1986, refer to the Guidelines and specifications for oil discharge monitoring and control systems for oil tankers, and for oil discharge monitoring and control systems installed on oil tankers built after 2 October 1986, refer to the Revised guidelines and specifications for oil discharge monitoring and control systems, which were adopted by the Organization by resolutions A.496(XII) and A.586(14), respectively; see IMO sales publication IMO-646E. For oil discharge monitoring and control systems installed on oil tankers the keels of which are laid or are in a similar stage of construction on or after 1 January 2005, refer to the Revised guidelines and specifications for oil discharge monitoring and control systems, adopted by the Organization by resolution MEPC.108(49).

 

11. Survey and inspection

 

Regs. 6.1.3, 6.1.4

 

11.1 Intermediate and annual survey for ships not required to hold an IOPP Certificate

 

The applicability of regulations 6.1.3 and 6.1.4 to ships which are not required to hold an International Oil Pollution Prevention Certificate should be determined by the Administration.

 

12. Designation of the type of oil tankers

 

Regs. 7, 19

 

12.1 Oil tankers must be designated on the Supplement Form B to the IOPP Certificate as either "crude oil tanker", "product carrier" or "crude oil/product carrier". Furthermore, the requirements contained in regulation 19 differ for different age categories of "crude oil tankers" and "product carriers", and compliance with these provisions is recorded on the IOPP Certificate. Oil trades in which different types of oil tankers are allowed to be engaged are as follows:

 

.1 Crude oil/product carrier is allowed to carry either crude oil or product oil, or both simultaneously;

 

.2 Crude oil tanker is allowed to carry crude oil but is prohibited from carrying product oil; and

 

.3 Product carrier is allowed to carry product oil but is prohibited from carrying crude oil.

 

12.2 In determining the designation of the type of oil tanker on the IOPP Certificate based on the compliance with the provisions for SBT, PL, CBT and COW, the following standards should apply.

 

12.3 Oil tankers delivered after 1 June 1982 as defined in regulation 1.28.4 of less than 20,000 tonnes deadweight.

 

12.3.1 These oil tankers may be designated as "crude