Resolution MEPC.115(51)
AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL
CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 (Revised Annex IV
of MARPOL 73/78)
(Adopted
on 1 April 2004)
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 (the
Committee) conferred upon it by international conventions for the prevention
and control of marine pollution,
NOTING
article 16 of the International Convention for the Prevention of Pollution from
Ships, 1973 (hereinafter referred to as the 1973 Convention ) and article VI of
the Protocol of 1978 relating to the International Convention for the
Prevention of Pollution from Ships, 1973 (hereinafter referred to as the 1978
Protocol ) which together specify the amendment procedure of the 1978 Protocol
and confer upon the appropriate body of the Organization the function of
considering and adopting amendments to the 1973 Convention, as modified by the
1978 Protocol (MARPOL 73/78),
HAVING
CONSIDERED the revised Annex IV of MARPOL 73/78,
1.
ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention, the revised
Annex IV of MARPOL 73/78, the text of which is set out at annex to the present
resolution;
2.
DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention,
that the revised Annex IV shall be deemed to have been accepted on 1 February
2005, unless, prior to that date, not less than one third of the Parties to
MARPOL 73/78 or by the Parties the combined merchant fleets of which constitute
not less than 50 per cent of the gross tonnage of the world s merchant fleet,
have notified to the Organization their objections to the amendments;
3.
INVITES Parties to MARPOL 73/78 to note that, in accordance with article
16(2)(g)(ii) of the 1973 Convention, the said amendments shall enter into force
on 1 August 2005 upon their acceptance in accordance with paragraph 2 above;
4.
REQUESTS the Secretary-General, in conformity with article 16(2)(e) of the 1973
Convention, to transmit to all Parties to MARPOL 73/78 certified copies of the
present resolution and the text of the amendments contained in the annex;
5.
REQUESTS FURTHER the Secretary-General to transmit copies of this resolution
and its annex to Members of the Organization which are not Parties to MARPOL
73/78.
Annex.
REVISED ANNEX IV OF MARPOL 73/78
REGULATIONS
FOR THE PREVENTION OF POLLUTION BY SEWAGE FROM SHIPS
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 10°41' S,
longitude 145°00' Е
thence to a point latitude 13°00' S,
longitude 145°00' E
thence to a point latitude 15°00' S,
longitude 146°00' E
thence to a point latitude 17°30' S,
longitude 147°00' E
thence to a point latitude 21°00' S,
longitude 152°55' E
thence to a point latitude 24°30' S,
longitude 154°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 member 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 board 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.
Chapter 2.
Surveys and certification
1. Every ship which, in accordance with regulation 2, is required
to comply with the provisions of this Annex shall be subject to the surveys
specified below:
.1 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.
.2 A renewal
survey at intervals specified by the Administration, but not exceeding five
years, except where regulation 8.2, 8.5, 8.6 or 8.7 of this Annex is
applicable. The renewal survey shall be such as to ensure that the structure,
equipment, systems, fittings, arrangements and material fully comply with
applicable requirements of this Annex.
.3 An
additional survey either general or partial, according to the circumstances,
shall be made after a repair resulting from investigations prescribed in
paragraph 4 of this regulation, or whenever any important repairs or renewals
are made. The survey shall be such as to ensure that the necessary repairs or
renewals have been effectively made, that the material and workmanship of such
repairs or renewals are in all respects satisfactory and that the ship complies
in all respects with the requirements 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. 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.
4. An Administration nominating surveyors or recognizing
organizations to conduct surveys as set forth in paragraph 3 of this regulation
shall, as a minimum, empower any nominated surveyor or recognized organization
to:
.1 require
repairs to a ship; and
.2 carry out
surveys 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 Convention for the information of their officers.
5. 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.
6. In every case, the Administration concerned shall fully
guarantee the completeness and efficiency of the survey and shall undertake to
ensure the necessary arrangements to satisfy this obligation.
7. The condition of the ship and its equipment shall be
maintained to conform with the provisions of the present Convention to ensure
that the ship in all respects will remain fit to proceed to sea without presenting
an unreasonable threat of harm to the marine environment.
8. 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.
9. Whenever an accident occurs to a ship or a defect is
discovered which substantially affects the integrity of the ship or the
efficiency or completeness of its equipment covered by this Annex the master or
owner of the ship shall report at the earliest opportunity to the
Administration, the recognized organization or the nominated surveyor
responsible for issuing the relevant Certificate, who shall cause
investigations to be initiated to determine whether a survey as required by
paragraph 1 of this regulation is necessary. If the ship is in a port of
another Party, the master or owner shall also report immediately to the appropriate
authorities of the Port State and the nominated surveyor or recognized
organization shall ascertain that such report has been made.
Regulation 5.
Issue or Endorsement of Certificate
1. An international Sewage Pollution Prevention Certificate shall
be issued, after an initial or renewal survey in accordance with the provisions
of regulation 4 of this Annex to any ship which is engaged in voyages to ports
or offshore terminals under the jurisdiction of other Parties to the
Convention. In the case of existing ships this requirement shall apply five
years after the date of entry into force of this Annex.
2. Such Certificate shall be issued or endorsed either by the
Administration or by any persons or organization* duly authorized by
it. In every case the Administration assumes full responsibility for the
Certificate.
_________________
* Refer to the Guidelines for the
authorization of organizations acting on behalf of the Administrations, adopted
by the Organization by resolution A.739(18), and the Specifications on the
survey and certification functions of recognized organizations acting on behalf
of the Administration, adopted by the Organization by resolution A.789(19).
Regulation 6.
Issue or Endorsement of a Certificate by another Government
1. The Government of a Party to the Convention may, at the
request of the Administration, cause a ship to be surveyed and, if satisfied
that the provisions of this Annex are complied with, shall issue or authorize
the issue of an International Sewage Pollution Prevention Certificate to the
ship, and where appropriate, endorse or authorize the endorsement of that
Certificate on the ship in accordance with this Annex.
2. A copy of the Certificate and a copy of the Survey report
shall be transmitted as soon as possible to the Administration requesting the
survey.
3. A Certificate so issued shall contain a statement to the
effect that it has been issued at the request of the Administration and it
shall have the same force and receive the same recognition as the Certificate
issued under regulation 5 of this Annex.
4. No International Sewage Pollution Prevention Certificate shall
be issued to a ship which is entitled to fly the flag of a State, which is not
a Party.
Regulation 7.
Form of Certificate
The International Sewage Pollution Prevention Certificate shall
be drawn up in the form corresponding to the model given in the Appendix to
this Annex and shall be at least in English, French or Spanish. If an official
language of the issuing country is also used, this shall prevail in case of a
dispute or discrepancy.
Regulation 8.
Duration and validity of Certificate
1. An International Sewage Pollution Prevention Certificate shall
be issued for a period specified by the Administration which shall not exceed
five years.
2.
.1
Notwithstanding the requirements of paragraph 1 of this regulation, when the
renewal survey is completed within three months before the expiry date of the
existing Certificate, the new Certificate shall be valid from the date of
completion of the renewal survey to a date not exceeding five years from the
date of expiry of the existing Certificate.
.2 When the
renewal survey is completed after the expiry date of the existing Certificate,
the new Certificate shall be valid from the date of completion of the renewal
survey to a date not exceeding five years from the date of expiry of the
existing Certificate.
.3 When the
renewal survey is completed more than three months before the expiry date of
the existing Certificate, the new Certificate shall be valid from the date of
completion of the renewal survey to a date not exceeding five years from the
date of completion of the renewal survey.
3. If a Certificate is issued for a period of less than five
years, the Administration may extend the validity of the Certificate beyond the
expiry date to the maximum period specified in paragraph 1 of this regulation.
4. If a renewal survey has been completed and a new Certificate
cannot be issued or placed on board the ship before the expiry date of the
existing Certificate, the person or organization authorized by the
Administration may endorse the existing Certificate and such a Certificate
shall be accepted as valid for a further period which shall not exceed five
months from the expiry date.
5. If a ship at the time when a Certificate expires is not in a
port in which it is to be surveyed, the Administration may extend the period of
validity of the Certificate but this extension shall be granted only for the
purpose of allowing the ship to complete its voyage to the port in which it is
to be surveyed and then only in cases where it appears proper and reasonable to
do so. No Certificate shall be extended for a period longer than three months,
and a ship to which an extension is granted shall not, on its arrival in the
port in which it is to be surveyed, be entitled by virtue of such extension to
leave that port without having a new Certificate. When the renewal survey is
completed, the new Certificate shall be valid to a date not exceeding five
years from the date of expiry of the existing Certificate before the extension
was granted.
6. A Certificate issued to a ship engaged on short voyages which
has not been extended under the foregoing provisions of this regulation may be
extended by the Administration for a period of grace of up to one month from
the date of expiry stated on it. When the renewal survey is completed, the new
Certificate shall be valid to a date not exceeding five years from the date of
expiry of the existing Certificate before the extension was granted.
7. In special circumstances, as determined by the Administration,
a new Certificate need not be dated from the date of expiry of the existing
Certificate as required by paragraph 2.2, 5 or 6 of this regulation. In these
special circumstances, the new Certificate shall be valid to a date not
exceeding five years from the date of completion of the renewal survey.
8. A Certificate issued under regulation 5 or 6 of this Annex
shall cease to be valid in either of the following cases:
.1 if the relevant
surveys are not completed within the periods specified under regulation 4.1 of
this Annex; or
.2 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 compliance with the requirements of regulations 4.7 and 4.8
of this Annex. In the case of a transfer between Parties, if requested within 3
months after the transfer has taken place, the Government of the Party whose
flag the ship was formerly entitled to fly shall, as soon as possible, transmit
to the Administration copies of the Certificate carried by the ship before the
transfer and, if available, copies of the relevant survey reports.
Chapter 3.
Equipment and control of discharge
1. Every ship which, in accordance with regulation 2, is required
to comply with the provisions of this Annex shall be equipped with one of the
following sewage systems:
.1 a sewage
treatment plant which shall be of a type approved by the Administration, taking
into account the standards and test methods developed by the Organization*, or
________________
* Refer to the Recommendation on
International effluent standards and guidelines for performance tests for
sewage treatment plants adopted by the Organization by resolution MEPC.2(VI).
For existing ships national specifications are acceptable.
.2 a sewage
comminuting and disinfecting system approved by the Administration. Such system
shall be fitted with facilities to the satisfaction of the Administration, for
the temporary storage of sewage when the ship is less than 3 nautical miles
from the nearest land, or
.3 a holding
tank of the capacity to the satisfaction of the Administration for the
retention of all sewage, having regard to the operation of the ship, the number
of persons on board and other relevant factors. The holding tank shall be
constructed to the satisfaction of the Administration and shall have a means to
indicate visually the amount of its contents.
Regulation 10.
Standard Discharge Connections
1. To enable pipes of reception facilities to be connected with
the ship's discharge pipeline, both lines shall be fitted with a standard
discharge connection in accordance with the following table: