Annex I
PROTOCOL OF 1997 TO AMEND THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS, 1973, AS MODIFIED BY THE PROTOCOL OF 1978 RELATING
THERETO THE PARTIES TO THE PRESENT PROTOCOL
(26 September 1997)
BEING Parties to the Protocol of 1978 relating to
the international Convention for the Prevention of Pollution from Stops 1973.
RECOGNIZING the need to present and control air
pollution from ships.
RECALLING Principle 15 of the Rio Declaration on
Environment and Development which calls for the application of a precautionary
approach.
CONSIDERING that this objective could best be
achieved by the conclusion of a Protocol of 1997 to amend the international
Convention for the Prevention of Pollution from Ships 1973 as modified by the
Protocol of 1978 relating thereto.
HAVE AGREED as follows:
Article 1.
Instrument to be amended
The instrument which the present Protocol amends Is
the international Convention for the Prevention of Pollution from Ships 1973 as
modified by the Protocol of 1978 relating thereto (hereinafter referred to as
the "Contention").
Article 2.
Addition of Annex VI to the Convention
Annex VI entitled Regulations for the Prevention of
Air Pollution, from Ships, the text of which is set out in the annex to the
present Protocol, is added.
Article 3.
General Obligations
1. The Convention and the present Protocol shall, as
between the Parties to the present Protocol, be read and Interpreted together
as one single Instrument.
2. Every reference to the present Protocol constitutes
at the same time a reference to the Annex hereto.
Article 4.
Amendment procedure
In applying article 16 of the Convention to an
amendment to Annex VI and its appendices, the reference to "a Party to the
Convention" shall be deemed to mean the reference to a Party bound by that
Annex.
Article 5.
Signature, ratification, acceptance, approval and accession
1. The present Protocol shall be open for signature
at the Headquarters of the International Maritime Organization (hereinafter
referred to as the "Organization" from 1 January 1998 until 31
December 1998 and shall thereafter remain open for accession. Only Contracting
States to the Protocol of 1978 relating to the International Convention for the
Prevention of Pollution from Ships. 1973 (hereinafter referred to as the
"1978 Protocol") 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 (hereinafter referred to as the
"Secretary-General").
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 50 per cent of the
gross tonnage of the world's merchant shipping, have become Parties to it In
accordance with article 5 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.
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.
3. A denunciation shall take effect twelve months
after receipt of the notification by the Secretary-General or after the expiry
of any other longer period which may be indicated In the notification.
4. A denunciation of the 1978 Protocol In accordance
with article VII thereof shall be deemed to include a denunciation of the
present Protocol in accordance with this article. Such denunciation shall take
effect on the date on which denunciation of the 1978 Protocol takes effect in
accordance with article VII of that Protocol.
1. The present Protocol shall be deposited with the
Secretary-General (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; and
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.
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.
The present Protocol Is established in a single copy
in the Arabic, Chinese. English. French, Russian and Spanish languages, each
text being equally authentic.
DONE AT LONDON this twenty-sixth day of September,
one thousand rune hundred and ninety-seven.
IN WITNESS WHEREOF the undersigned, being duly
authorized by their respective Governments for that purpose, have signed the
present Protocol.
ADDITION OF
ANNEX VI TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM
SHIPS, 1973, AS MODIFIED BY THE PROTOCOL OF 1978 RELATING THERETO
The following new Annex VI is added after the
existing Annex V:
ANNEX VI.
REGULATIONS FOR THE PREVENTION OF AIR POLLUTION FROM SHIPS
The provisions of this Annex shall apply to all
ships, except where expressly provided otherwise in regulations 3, 5, 6, 13,
15, 18 and 19 of this Annex.
For the purpose of this Annex:
1. "A similar stage of construction" means
the stage at which:
a)
construction identifiable with a specific ship begins, and
b)
assembly of that ship has commenced comprising at least 50 tomes or one per
cent of the estimated mass of all structural material, whichever is less.
2. "Continuous feeding" is defined as the
process whereby waste is fed into a combustion chamber without human assistance
while the incinerator is in normal operating conditions with the combustion
chamber operative temperature between 850°C and 1200°C.
3. "Emission" means any release of
substances . subject to control by this Annex from ships into the atmosphere or
sea.
4. "New installations", in relation to
regulation 12 of this Annex, means the installation of systems, equipment,
including new portable fire extinguishing units, insulation, or other material
on a ship after the date on which this Annex enters into force, but excludes
repair or recharge of previously installed systems, equipment, insulation, or
other material, or recharge of portable fire extinguishing units.
5. "NOx Technical Code" means
the Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel
Engines adopted by Conference resolution 2 as may be amended by the
Organization, provided that such amendments are adopted and brought into force
in accordance with the provisions of article 16 of the present Convention concerning
amendment procedures applicable to an appendix to an Annex.
6. "Ozone depleting substances" means
controlled substances defined in paragraph 4 of article I of the Montreal
Protocol on Substances that Deplete the Ozone Layer. 1987, listed in Annexes A,
B, C or E to the said Protocol in force at the time of application or
Interpretation of this Annex.
"Ozone depleting substances" that may be
found on board ship include, but are not limited to:
Halon
1211 Brornochlorodifluoromethane
Halon
1301 Bromotrifluoromethane
Halon
2402 1,2-Dibromo-1,1,2,2-tetrafluoroethane (also known as Halon 114B2)
CFC-11
Trichlorofluoromethane
CFC-12
Dichlorodifluoromethane
CFC-113
1,1,2-Trichloro-1,2,2-trifluoroethane
CFC-
114 1,2-Dichloro- 1,1,2,2-tetrafluoroethane
CFC-115
Chloropentafluoroethane
7. "Sludge oil" means sludge from the fuel
or lubricating oil separators, waste lubricating oil from main or auxiliary
machinery, or waste oil from bilge water separators, oil filtering equipment or
drip trays.
8. "Shipboard incineration" means the
incineration of wastes or other matter on board a ship, if such wastes or other
matter were generated during the normal operation of that ship.
9. "Shipboard Incinerator" means a
shipboard facility designed for the primary purpose of incineration.
10. "Ships constructed" means ships the
keels of which are laid or which are at a similar stage of construction.
11. "SOx Emission Control Area"
means an area where the adoption of special mandatory measures for SOx
emissions from ships is required to prevent, reduce and control air pollution
from SOx and Its attendant adverse impacts on land and sea areas. SOx
Emission Control Areas shall Include those listed In regulation 14 of this
Annex.
12. "Tanker" means an oil tanker as defined
in regulation 1(4) of Annex I or a chemical tanker as defined in regulation
1(1) of Annex II of the present Convention.
13. "The Protocol of 1997" means the
Protocol of 1997 to amend the International Convention for the Prevention of
Pollution from Ships, 1973, as amended by the Protocol of 1978 relating
thereto.
Regulation 3.
General Exceptions
Regulations of this Annex shall not apply to:
a)
any emission necessary for the purpose of securing the safety of a ship or
saving life at sea, or
b)
any emission 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 emission for the purpose of preventing or
minimizing the emissions 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.
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.
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 present Convention particulars thereof for their information and
appropriate action, if any.
CHAPTER II.
SURVEY, CERTIFICATION AND MEANS OF CONTROL
Regulation 5.
Surveys and Inspections
1. Every ship of 400 gross tonnage or above and
every fixed and floating drilling rig and other platforms shall be subject to
the surveys specified below:
a)
an initial survey before the ship is put into service or before the certificate
required under regulation 6 of this Annex is issued for the first time. This
survey shall be such as to ensure that the equipment, systems, fittings,
arrangements and material fully comply with the applicable requirements of 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 equipment,
systems, fittings, arrangements and material fully comply with the requirements
of this Annex, and
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
arrangements fully comply with the requirements of this Annex and are in good
working order. In cases where only one such intermediate survey is carried out
in a single certificate validity period, and where the period of the
certificate exceeds 2% years, it shall be held within six months before or
after the halfway date of the certificate's period of validity. Such
intermediate surveys shall be endorsed on the certificate issued under
regulation 6 of this Annex.
2. In the case of ships of less than 400 gross
tonnage, the Administration may establish appropriate measures in order to
ensure that the applicable provisions of this Annex are complied with.
3. Surveys of ships as regards the enforcement of
the provisions of this Annex shall be carried out by officers of the
Administration. The Administration may, however, entrust the surveys either to
surveyors nominated for the purpose or to organizations recognized by it. Such
organizations shall comply with the guidelines adopted by the Organization. In
every case the Administration concerned shall fully guarantee the completeness
and efficiency of the survey.
4. The survey of engines and equipment for
compliance with regulation 13 of this Annex shall be conducted in accordance
with the NOx Technical Code.
5. 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 equipment remains in
all respects satisfactory for the service for which the equipment is intended.
These inspections may be carried out by their own inspection service, nominated
surveyors, 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.
6. When a nominated surveyor or recognized
organization determines that the condition of the equipment does not correspond
substantially with the particulars of the certificate, they shall ensure that
corrective action is taken and shall in due course notify the Administration.
If such corrective action is not taken, the certificate should be withdrawn by
the Administration. If the ship is in a port of another Party, the appropriate
authorities of the port State shall also be notified immediately. When an
officer of the Administration, a nominated surveyor or recognized organization
has notified the appropriate authorities of the port State, the Government of
the port State concerned shall give such officer, surveyor or organization any
necessary assistance to carry out their obligations under this regulation.
7. The equipment shall be maintained to conform with
the provisions of this Annex and no changes shall be made In the equipment,
systems, fittings, arrangements, or material covered by the survey, without the
express approval of the Administration. The direct replacement of such
equipment and fittings with equipment and fittings that conform with the
provisions of this Annex is permitted.
8. Whenever an accident occurs to a ship or a defect
is discovered, which substantially affects the efficiency or completeness of
its equipment covered by this Annex, the master or owner of the ship shall
report at the earliest opportunity to the Administration, a nominated surveyor,
or recognized organization responsible for issuing the relevant certificate.
Regulation 6.
Issue of International Air Pollution Prevention Certificate
1. An International Air Pollution Prevention
Certificate shall be issued, after survey in accordance with the provisions of
regulation 5 of this Annex, to:
a)
any stop of 400 gross tonnage or above engaged in voyages to ports or offshore
terminals under the jurisdiction of other Parties, and
b)
platforms and drilling rigs engaged in voyages to waters under the sovereignty
or jurisdiction of other Parties to the Protocol of 1997.
2. Ships constructed before the date of entry into
force of the Protocol of 1997 shall be issued with an International Air
Pollution Prevention Certificate in accordance with paragraph (1) of this
regulation no later than the first scheduled dry docking after entry into force
of the Protocol of 1997, but in no case later than 3 years after entry into
force of the Protocol of 1997.
3. Such certificate shall be issued either by the
Administration or by any person or organization duly authorized by it. In every
case the Administration assumes full responsibility for the certificate.
Regulation 7.
Issue of a Certificate by another Government
1. The Government of a Party to the Protocol of 1997
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, issue or
authorize the issuance of an International Air 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 a5 possible to the requesting
Administration.
3. A certificate so issued shall contain a statement
to the effect that It has been issued at the request of the Administration and
it shall have the same force and receive the same recognition as a certificate
issued under regulation 6 of this Annex.
4. No International Air Pollution Prevention
Certificate shall be issued to a ship which is entitled to fly the flag of a
State which is not a Party to the Protocol of 1997.