Revoked by MEPC.195(61)
Resolution
MEPC.102(48)
GUIDELINES FOR SURVEY AND CERTIFICATION OF ANTI-FOULING SYSTEMS ON SHIPS
(Adopted
on 11 October 2002)
THE
MARINE ENVIRONMENT PROTECTION COMMITTEE,
RECALLING
Article 38(a) of the Convention on the International Maritime Organization
concerning the functions of the Marine Environment Protection Committee
conferred upon it by the international conventions for the prevention and
control of marine pollution,
RECALLING
ALSO that the International Conference on the Control of Harmful Anti-fouling
Systems for Ships, 2001, held in October 2001, adopted the International
Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 (the
AFS Convention) together with four Conference resolutions,
NOTING
that Article 10 of the AFS Convention prescribes that ships shall be surveyed
and certified in accordance with the regulations of Annex 4 of the Convention,
NOTING
ALSO that regulation 1(4)(a) of Annex 4 of the AFS Convention refers to the
guidelines to be developed by the Organization and Conference resolution 2
urges the Organization to develop these guidelines as a matter of urgency for
them to be adopted before the entry into force of the Convention,
HAVING
CONSIDERED the draft Guidelines for Survey and Certification of Anti-fouling
Systems on Ships prepared by the Sub-Committee on Flag State Implementation at
its tenth session,
1.
ADOPTS the Guidelines for Survey and Certification of Anti-fouling Systems on
Ships, as set out in the Annex to this resolution;
2.
INVITES Governments to apply the Guidelines as soon as possible, or when the
Convention becomes applicable to them; and
3.
RECOMMENDS that the Guidelines be reviewed on a regular basis.
Annex.
GUIDELINES FOR SURVEY AND CERTIFICATION OF ANTI-FOULING SYSTEMS ON SHIPS
1.1
Article 10 of the International Convention on the Control of Harmful
Anti-fouling Systems on Ships, 2001, hereinafter referred to as "the
Convention," prescribes that ships shall be surveyed and certified in
accordance with the regulations of Annex 4 of the Convention. The purpose of
this document is to provide the Guidelines for Surveys and Certification of
Anti-fouling Systems on Ships referred to in Regulation l(4)(a) of Annex 4, hereinafter
referred to as the "Guidelines", that will assist the Administrations
and recognized organizations, in the uniform application of the provisions of
the Convention and assist companies, shipbuilders, manufacturers of
anti-fouling systems, as well as other interested parties to understand the
process of the surveys and issuance and endorsement of the certificates.
1.2
These Guidelines provide the procedures for survey to ensure that a ship's
anti-fouling system complies with the Convention, and those necessary for
issuance and endorsement of an International Anti-fouling System Certificate. A
guidance for compliant anti-fouling systems is given in the Appendix to this
Annex.
1.3
These Guidelines apply to surveys of ships of 400 gross tonnage and above
engaged in international voyages, excluding fixed or floating platforms,
floating storage units (FSUs), and floating production storage and off-loading
units (FPSOs), as specified in Regulation 1(1) of Annex 4 to the Convention.
1.4
The sole purpose of the survey activities described in these Guidelines is to
verify compliance with the provisions of the Convention. Consequently, such
surveys do not relate to any aspect not regulated by the Convention even if
such aspects relate to the performance of an anti-fouling system on the hull of
a ship, including the quality of workmanship during the application process.
1.5
In the event that a new survey method is developed, or in the event that the
use of a certain anti-fouling system is prohibited and/or restricted, or in the
light of experience gained, these Guidelines may need to be revised in the
future.
For
the purposes of these Guidelines:
2.1
"Administration" means the Government of the State under whose
authority the ship is operating. With respect to a ship entitled to fly a flag
of a State, the Administration is the Government of that State. With respect to
fixed or floating platforms engaged in exploration and exploitation of the
sea-bed and subsoil thereof adjacent to the coast over which the coastal State
exercises sovereign rights for the purposes of exploration and exploitation of
their natural resources, the Administration is the Government of the coastal
State concerned.
2.2
"Anti-fouling system" means a coating, paint, surface treatment,
surface, or device that is used on a ship to control or prevent attachment of
unwanted organisms.
2.3
"Company" means the owner of the ship or any other organization or
person such as the manager or the bareboat charterer, who has assumed the
responsibility for the operation of the ship from the owner of the ship and
who, on assuming such responsibility, has agreed to take over all duties and
responsibilities imposed by the International Safety Management (ISM) Code.
2.4
"Gross tonnage" means the gross tonnage calculated in accordance with
the tonnage measurement regulations contained in Annex 1 to the International
Convention on Tonnage Measurement of Ships, 1969, or any successor Convention.
2.5
"International voyage" means a voyage by a ship entitled to fly the
flag of one State to or from a port, shipyard, or offshore terminal under the
jurisdiction of another State.
2.6
"Length" means the length as defined in the International Convention
on Load Lines, 1966, as modified by the Protocol of 1988 relating thereto, or
any successor Convention.
2.7
"Ship" means a vessel of any type whatsoever operating in the marine
environment and includes hydrofoil boats, air-cushion vehicles, submersibles,
floating craft, fixed or floating platforms, floating storage units (FSUs) and
floating production storage and off-loading units (FPSOs).
3.1
An initial survey should be carried out:
.1 for a newbuilding; or
.2 for an existing ship,
before the International Anti-fouling System Certificate required under
Regulations 2 or 3 of Annex 4 to the Convention is issued for the first time.
3.2
In order to ease the burden on the companies and other parties, the initial
survey of the anti-fouling system on existing ships may best be carried out in
connection with a drydock survey.
3.3
A survey should be carried out whenever an anti-fouling system is changed or
replaced. Such surveys should cover the same scope as in Section 5.2.
3.4
A major conversion affecting the anti-fouling system of a ship may be
considered as a newbuilding as determined by the Administration.
3.5
Repairs generally do not require a survey. However, repairs affecting
approximately twenty-five (25) percent or more of the anti-fouling system,
should be considered as a change or replacement of the anti-fouling system.
3.6
A non-compliant anti-fouling system controlled under Annex I of the Convention,
that undergoes repair must be repaired, or replaced with a compliant
anti-fouling system.
4.1
Prior to any survey, a request for survey should be submitted by the Company to
the Administration, or to a recognized organization along with the ship's data
required in the International Anti-fouling System Certificate as listed:
.1 Name of ship
.2 Distinctive number or
letters
.3 Port of registry
.4 Gross tonnage
.5 IMO number
4.2
A request for survey should be supplemented by a declaration and supporting
information from the anti-fouling system manufacturer, confirming that the
anti-fouling system applied, or intended to be applied to the ship is in
compliance with the requirements of the Convention (with an identification of
the version of the Convention referred to). Such declaration should provide the
following information contained in the Record of Anti-Fouling System, as can be
found in Appendix 1 to Annex 4 of the Convention:
.1 Type of anti-fouling
system*
.2 Name of anti-fouling
system manufacturer
.3 Name and colour of
anti-fouling system
.4 Active ingredient(s) and
their Chemical Abstract Service Registry Number (CAS number(s))
______________
* Examples of suitable wording could be:
Organotin-free self polishing type, Organotin-free ablative type,
Organotin-free conventional, Biocide-free silicon type paint, others. In the
case of an anti-fouling system containing no active ingredients, the words
"biocide-free" should be used.
Information
required by the surveyor regarding compliance of product with the Convention
should be found in a declaration from the anti-fouling system manufacturer
which may be provided on the anti-fouling system container and/or on supportive
documentation (such as Material Safety Data Sheets (MSDSs), or similar). A link
between the supportive documentation and the relevant container should exist.
.1
As part of the survey, it should be verified that the anti-fouling system
specified by the documentation submitted with the request for survey complies
with the Convention. The survey should include verification that the
anti-fouling system applied is identical to the system specified in the request
for survey.
.2
Taking into account experience gained and the prevailing circumstances, the
verification required by paragraph 5.1.1 should include one or more of the following
tasks, as deemed necessary to verify compliance:
(a) Checking that the
product identification on anti-fouling system containers used during the
application process is identical to the system specified in the request for
survey.
(b) Sampling of the
anti-fouling system.
(c) Testing of the
anti-fouling system.
(d) Other checks conducted
on site.
.3
The verification tasks set out in paragraph 5.1.2 should be conducted at any
time, either before, during, or after the anti-fouling system has been applied
to the ship, as deemed necessary to verify compliance. No checks or tests must
affect the integrity, structure or operation of the anti-fouling system.
5.2 Surveys of existing ships intending to
apply a new anti-fouling system
.1
If the existing anti-fouling system is confirmed by an International
Anti-fouling System Certificate not to be controlled under Annex 1 of the
Convention, the provisions described in paragraph 5.1 apply.
.2
If the existing anti-fouling system is declared not to be controlled under
Annex 1 of the Convention, without being documented by an International
Anti-Fouling System Certificate, a verification should be carried out to
confirm that the anti-fouling system complies with the requirements of the
Convention. This verification may be based on sampling and/or testing and/or
reliable documentation, as deemed necessary based on experience gained and the
existing circumstances. Documentation for verification could e.g. be MSDSs, or
similar, a declaration of compliance from the anti-fouling system manufacturer,
invoices from the shipyard and/or the anti-fouling system manufacturer. To
verify the new anti-fouling system, the provisions described in paragraph 5.1
apply.
.3
If the existing anti-fouling system has been removed, the removal should be
verified in addition to the provisions described in paragraph 5.1.
.4
If a sealer coat has been applied, a verification should be carried out to
confirm that the name, type and colour of the sealer coat applied to the ship
match those specified in the request for survey, and that the existing
anti-fouling system has been covered with that sealer coat. Additionally the
provisions described in paragraph 5.1 apply.
.5
If the existing anti-fouling system is controlled under Annex 1 of the Convention,
it should be removed according to sub-paragraph 5.2.3 or covered by a sealer
coat according to sub-paragraph 5.2.4 not later than 1 January 2008. Prior to
this date, the existing anti-fouling system may be over-coated with an
anti-fouling system not controlled under Annex 1 without removing or sealing
the existing anti-fouling system. This option should be stated on the
International Anti-Fouling System Certificate by ticking off the appropriate
box. To verify the new anti-fouling system, the provisions described in
paragraph 5.1 apply.
5.3
Surveys of existing ships requesting only an International Anti-fouling System
Certificate
.1 If the existing
anti-fouling system is declared to be controlled under Annex 1 of the
Convention (i.e. containing prohibited/regulated compounds), an International
Anti-fouling System Certificate may be issued on request stating that the
anti-fouling system will be removed, or covered with a sealer coat when
directed by the Convention.
.2 If the existing
anti-fouling system is declared not to be controlled under Annex 1 of the
Convention, a verification should be carried out to confirm that the
anti-fouling system complies with the requirements of the Convention. This
verification may be based on sampling and/or testing and/or reliable
documentation, as deemed necessary based on experience gained and the existing
circumstances. Such documentation could be MSDSs or similar, a declaration of
compliance from the anti-fouling system manufacturer, invoices from the
shipyard and/or the anti-fouling system manufacturer. If this information
raises no reasonable doubt that the system applied is compliant with Annex 1 of
the Convention, the International Anti-fouling System Certificate may be issued
on this basis.
5.4
Surveys of ships prior to entry into force of the Convention
.1 Prior to the Convention
having entered into force, an Administration may conduct surveys of ships in
accordance with these Guidelines, and may then issue a Statement of Compliance
to this effect.
.2 Ships capable of
documenting full compliance with the Convention through such a statement of
compliance may be issued, upon entry into force of the Convention, an
International Anti-fouling System Certificate on that basis, subject to any
additional requirements from the Administration.
6. Issuing or endorsing the International
Anti-fouling System Certificate
6.1
The International Anti-fouling System Certificate along with the Record of
Anti-fouling Systems should be:
.1 issued upon satisfactory
completion of the initial survey;
.2 issued upon acceptance of
another Party's International Anti-fouling System Certificate; or
.3 endorsed upon
satisfactory completion of a survey for change or replacement of an
anti-fouling system.
APPENDIX.
Guidance for compliant anti-fouling
systems
For
the purpose of compliance with Annex I of the Convention, small quantities of
organotin compounds acting as a chemical catalyst (such as mono- and di-
substituted organotin compounds) are allowed, provided that they are present at
a level which does not provide a biocidal effect to the coating. On a practical
level, when used as a catalyst, an organotin compound should not be present
above 2,500 mg total tin per kg of dry paint.
TEXT OF THE REVISED MARPOL ANNEX IV
REGULATIONS FOR THE PREVENTION OF
POLLUTION BY SEWAGE FROM SHIPS
Regulation 1.
Definitions For the purposes of this Annex:
1.
"New ship" means a ship:
.1 for which the building
contract is placed, or in the absence of a building contract, the keel of which
is laid, or which is at a similar stage of construction, on or after the date
of entry into force of this Annex; or
.2 the delivery of which is
three years or more after the date of entry into force of this Annex.
2.
"Existing ship" means a ship which is not a new ship.
3.
"Sewage" means:
.1 drainage and other wastes
from any form of toilets and urinals;
.2 drainage from medical
premises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers
located in such premises;
.3 drainage from spaces
containing living animals; or
.4 other waste waters when
mixed with the drainages defined above.
4.
"Holding tank" means a tank used for the collection and storage of
sewage.
5.
"Nearest Land". The term "from the nearest land" means from
the baseline from which the territorial sea of the territory in question is
established in accordance with international law except that, for the purposes
of the present Convention "from the nearest land" off the north
eastern coast of Australia shall mean from a line drawn from a point on the
coast of Australia in:
latitude 11°00' S, longitude 142°08' E
to a point
in latitude 10°35' S, longitude 141°55' E
thence to a point latitude 10°00' S, longitude
142°00' E
thence to a point latitude 9°10' S, longitude 143°52' E
thence to a point latitude 9°00' S, longitude 144°30' E
thence to a point latitude 13°00' S, longitude
144°00' E
thence to a point latitude 15°00' S, longitude
146°00' E
thence to a point latitude 18°00' S, longitude
147°00' E
thence to a point latitude 21°00' S, longitude
153°00' E
thence to a point on the coast of Australia in
latitude 24°42' S, longitude 153°15' E
6.
"International voyage" means a voyage from a country to which the
present Convention applies to a port outside such country, or conversely.
7.
"Person" means number of the crew and passengers.
8.
"Anniversary date" means the day and the month of each year which
will correspond to the date of expiry of the International Sewage Pollution
Prevention Certificate.
1.
The provisions of this Annex shall apply to the following ships engaged in
international voyages:
.1 new ships of 400 gross
tonnage and above; and
.2 new ships of less than
400 gross tonnage which are certified to carry more than 15 persons; and
.3 existing ships of 400
gross tonnage and above, five years after the date of entry into force of this
Annex; and
.4 existing ships of less
than 400 gross tonnage which are certified to carry more than 15 persons, five
years after the date of entry into force of this Annex.
2.
The Administration shall ensure that existing ships, according to subparagraphs
1.3 and 1.4 of this regulation, the keels of which are laid or which are of a
similar stage of construction before 2 October 1983 shall be equipped, as far
as practicable, to discharge sewage in accordance with the requirements of
regulation 11 of the Annex.
1.
Regulation 11 of this Annex shall not apply to:
.1 the discharge of sewage
from a ship necessary for the purpose of securing the safety of a ship and
those on boat or saving life at sea; or
.2 the discharge of sewage
resulting from damage to a ship or its equipment if all reasonable precautions
have been taken before and after the occurrence of the damage, for the purpose
of preventing or minimizing the discharge.