Resolution
MEPC.117(52)
AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL
CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
(Revised Annex I of MARPOL 73/78)
(Adopted on 15 October 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 text of the revised Annex I of MARPOL 73/78,
1.
ADOPTS, in accordance with article 16(2)(b), (c) and (d) of the 1973
Convention, the revised Annex I of MARPOL 73/78, the text of which is set out
at the annex to the present resolution, each regulation being subject to
separate consideration by the Parties pursuant to article 16(2)(f)(ii) of the
1973 Convention;
2.
DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention,
that the revised Annex I of MARPOL 73/78 shall be deemed to have been accepted
on 1 July 2006, unless, prior to that date, not less than one-third of the
Parties or 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
communicated to the Organization their objection to the amendments;
3.
INVITES the Parties to note that, in accordance with article 16(2)(g)(ii) of
the 1973 Convention, the revised Annex I of MARPOL 73/78 shall enter into force
on 1 January 2007 upon its 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 revised Annex I of MARPOL 73/78
contained in the annex; and
5.
REQUESTS FURTHER the Secretary-General to transmit copies of the present
resolution and its annex to the Members of the Organization which are not
Parties to MARPOL 73/78.
For
the purposes of this Annex:
1.
Oil means petroleum in any form including crude oil, fuel oil, sludge, oil
refuse and refined products (other than those petrochemicals which are subject
to the provisions of Annex II of the present Convention) and, without limiting
the generality of the foregoing, includes the substances listed in appendix I
to this Annex.
2.
Crude oil means any liquid hydrocarbon mixture occurring naturally in the earth
whether or not treated to render it suitable for transportation and includes:
.1 crude oil
from which certain distillate fractions may have been removed; and
.2 crude oil to
which certain distillate fractions may have been added.
3.
Oily mixture means a mixture with any oil content.
4.
Oil fuel means any oil used as fuel in connection with the propulsion and
auxiliary machinery of the ship in which such oil is carried.
5.
Oil tanker means a ship constructed or adapted primarily to carry oil in bulk
in its cargo spaces and includes combination carriers, any "NLS
tanker" as defined in Annex II of the present Convention and any gas
carrier as defined in regulation 3.20 of chapter II-1 of SOLAS 74 (as amended),
when carrying a cargo or part cargo of oil in bulk.
6.
Crude oil tanker means an oil tanker engaged in the trade of carrying crude
oil.
7.
Product carrier means an oil tanker engaged in the trade of carrying oil other
than crude oil.
8.
Combination carrier means a ship designed to carry either oil or solid cargoes
in bulk.
9.
Major conversion:
.1 means a
conversion of a ship:
.1 which
substantially alters the dimensions or carrying capacity of the ship; or
.2 which changes
the type of the ship; or
.3 the intent of
which in the opinion of the Administration is substantially to prolong its
life; or
.4 which
otherwise so alters the ship that, if it were a new ship, it would become
subject to relevant provisions of the present Convention not applicable to it
as an existing ship.
.2
Notwithstanding the provisions of this definition:
.1 conversion of
an oil tanker of 20,000 tonnes deadweight and above delivered on or before 1
June 1982, as defined in regulation 1.28.3, to meet the requirements of
regulation 18 of this Annex shall not be deemed to constitute a major
conversion for the purpose of this Annex; and
.2 conversion of
an oil tanker delivered before 6 July 1996, as defined in regulation 1.28.5, to
meet the requirements of regulation 19 or 20 of this Annex shall not be deemed
to constitute a major conversion for the purpose of this Annex.
10.
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' E,
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.
11.
Special area means a sea area where for recognized technical reasons in
relation to its oceanographical and ecological condition and to the particular
character of its traffic the adoption of special mandatory methods for the
prevention of sea pollution by oil is required.
For
the purposes of this Annex, the special areas are defined as follows:
.1 the
Mediterranean Sea area means the Mediterranean Sea proper including the gulfs
and seas therein with the boundary between the Mediterranean and the Black Sea
constituted by the 41° N parallel and bounded to the west by the Straits of
Gibraltar at the meridian of 005°36' W;
.2 the Baltic
Sea area means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of
Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw
in the Skagerrak at 57°44.8' N;
.3 the Black Sea
area means the Black Sea proper with the boundary between the Mediterranean Sea
and the Black Sea constituted by the parallel 41° N;
.4 the Red Sea
area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at
the south by the rhumb line between Ras si Ane (12°28.5' N, 043°19.6' E) and
Husn Murad (12°40.4' N, 043°30.2' E);
.5 the Gulfs
area means the sea area located north-west of the rhumb line between Ras al
Hadd (22°30' N, 059°48' E) and Ras al Fasteh (25°04' N, 061° 25' E);
.6 the Gulf of
Aden area means that part of the Gulf of Aden between the Red Sea and the
Arabian Sea bounded to the west by the rhumb line between Ras si Ane
(12°28.5'N, 043°19.6' E) and Husn Murad (12°40.4' N, 043°30.2' E) and to the
east by the rhumb line between Ras Asir (11°50' N, 051°16.9' E) and the Ras
Fartak (15°35' N, 052°13.8' E);
.7 the Antarctic
area means the sea area south of latitude 60°S; and
.8 the North
West European waters include the North Sea and its approaches, the Irish Sea
and its approaches, the Celtic Sea, the English Channel and its approaches and
part of the North East Atlantic immediately to the west of Ireland. The area is
bounded by lines joining the following points:
48° 27' N on the
French coast
48° 27' N; 006°
25' W
49° 52' N; 007°
44’ W
50° 30' N; 012°
W
56° 30' N; 012°
W
62° N; 003° W
62° N on the
Norwegian coast
57° 44.8' N on
the Danish and Swedish coasts
.9 the Oman area
of the Arabian Sea means the sea area enclosed by the following coordinates:
22° 30.00' N; 059° 48.00' E
23° 47.27' N; 060° 35.73' E
22° 40.62' N; 062° 25.29' E
21° 47.40' N; 063° 22.22' E
20° 30.37' N; 062° 52.41' E
19° 45.90' N; 062° 25.97' E
18° 49.92' N; 062° 02.94' E
17° 44.36' N; 061° 05.53' E
16° 43.71' N; 060° 25.62' E
16° 03.90' N; 059° 32.24' E
15° 15.20' N; 058° 58.52' E
14° 36.93' N; 058° 10.23' E
14° 18.93' N; 057° 27.03' E
14° 11.53' N; 056° 53.75' E
13° 53.80' N; 056° 19.24' E
13° 45.86' N; 055° 54.53' E
14° 27.38' N; 054° 51.42' E
14° 40.10' N; 054° 27.35' E
14° 46.21' N; 054° 08.56' E
15° 20.74' N; 053° 38.33' E
15° 48.69' N; 053° 32.07' E
16° 23.02' N; 053° 14.82' E
16° 39.06' N; 053° 06.52' E
12.
Instantaneous rate of discharge of oil content means the rate of discharge of
oil in litres per hour at any instant divided by the speed of the ship in knots
at the same instant.
13.
Tank means an enclosed space which is formed by the permanent structure of a
ship and which is designed for the carriage of liquid in bulk.
14.
Wing tank means any tank adjacent to the side shell plating.
15.
Centre tank means any tank inboard of a longitudinal bulkhead.
16.
Slop tank means a tank specifically designated for the collection of tank
drainings, tank washings and other oily mixtures.
17.
Clean ballast means the ballast in a tank which since oil was last carried
therein, has been so cleaned that effluent therefrom if it were discharged from
a ship which is stationary into clean calm water on a clear day would not
produce visible traces of oil on the surface of the water or on adjoining
shorelines or cause a sludge or emulsion to be deposited beneath the surface of
the water or upon adjoining shorelines. If the ballast is discharged through an
oil discharge monitoring and control system approved by the Administration,
evidence based on such a system to the effect that the oil content of the
effluent did not exceed 15 parts per million shall be determinative that the
ballast was clean, notwithstanding the presence of visible traces.
18.
Segregated ballast means the ballast water introduced into a tank which is
completely separated from the cargo oil and oil fuel system and which is
permanently allocated to the carriage of ballast or to the carriage of ballast
or cargoes other than oil or noxious liquid substances as variously defined in
the Annexes of the present Convention.
19.
Length (L) means 96 per cent of the total length on a waterline at 85 per cent
of the least moulded depth measured from the top of the keel, or the length
from the foreside of the stem to the axis of the rudder stock on that
waterline, if that be greater. In ships designed with a rake of keel the
waterline on which this length is measured shall be parallel to the designed
waterline. The length (L) shall be measured in metres.
20.
Forward and after perpendiculars shall be taken at the forward and after ends
of the length (L). The forward perpendicular shall coincide with the foreside
of the stem on the waterline on which the length is measured.
21.
Amidships is at the middle of the length (L).
22.
Breadth (B) means the maximum breadth of the ship, measured amidships to the
moulded line of the frame in a ship with a metal shell and to the outer surface
of the hull in a ship with a shell of any other material. The breadth (B) shall
be measured in metres.
23.
Deadweight (DW) means the difference in tonnes between the displacement of a
ship in water of a relative density of 1.025 at the load waterline
corresponding to the assigned summer freeboard and the lightweight of the ship.
24.
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.
25.
Permeability of a space means the ratio of the volume within that space which
is assumed to be occupied by water to the total volume of that space.
26.
Volumes and areas in a ship shall be calculated in all cases to moulded lines.
27.
Anniversary date means the day and the month of each year, which will
correspond to the date of expiry of the International Oil Pollution Prevention
Certificate.
28.1
ship delivered on or before 31 December 1979 means a ship:
.1 for which the
building contract is placed on or before 31 December 1975; or
.2 in the
absence of a building contract, the keel of which is laid or which is at a
similar stage of construction on or before 30 June 1976; or
.3 the delivery
of which is on or before 31 December 1979; or
.4 which has
undergone a major conversion:
.1 for which the
contract is placed on or before 31 December 1975; or
.2 in the
absence of a contract, the construction work of which is begun on or before 30
June 1976; or
.3 which is
completed on or before 31 December 1979.
28.2
ship delivered after 31 December 1979 means a ship:
.1 for which the
building contract is placed after 31 December 1975; or
.2 in the
absence of a building contract, the keel of which is laid or which is at a
similar stage of construction after 30 June 1976; or
.3 the delivery
of which is after 31 December 1979; or
.4 which has
undergone a major conversion:
.1 for which the
contract is placed after 31 December 1975; or
.2 in the
absence of a contract, the construction work of which is begun after 30 June
1976; or
.3 which is completed
after 31 December 1979.
28.3
oil tanker delivered on or before 1 June 1982 means an oil tanker:
.1 for which the
building contract is placed on or before 1 June 1979; or
.2 in the
absence of a building contract, the keel of which is laid or which is at a
similar stage of construction on or before 1 January 1980; or
.3 the delivery
of which is on or before 1 June 1982; or
.4 which has
undergone a major conversion:
.1 for which the
contract is placed on or before 1 June 1979; or
.2 in the absence
of a contract, the construction work of which is begun on or before 1 January
1980; or
.3 which is
completed on or before 1 June 1982
28.4
oil tanker delivered after 1 June 1982 means an oil tanker:
.1 for which the
building contract is placed after 1 June 1979; or
.2 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
.3 the delivery
of which is after 1 June 1982; or
.4 which has
undergone a major conversion:
.1 for which the
contract is placed after 1 June 1979; or
.2 in the
absence of a contract, the construction work of which is begun after 1 January
1980; or
.3 which is
completed after 1 June 1982.
28.5
oil tanker delivered before 6 July 1996 means an oil tanker:
.1 for which the
building contract is placed before 6 July 1993; or
.2 in the
absence of a building contract, the keel of which is laid or which is at a
similar stage of construction before 6 January 1994; or
.3 the delivery
of which is before 6 July 1996; or
.4 which has
undergone a major conversion:
.1 for which the
contract is placed before 6 July 1993; or
.2 in the
absence of a contract, the construction work of which is begun before 6 January
1994; or
.3 which is
completed before 6 July 1996.
28.6
oil tanker delivered on or after 6 July 1996 means an oil tanker:
.1 for which the
building contract is placed on or after 6 July 1993; or
.2 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 6 January 1994; or
.3 the delivery
of which is on or after 6 July 1996; or
.4 which has
undergone a major conversion:
.1 for which the
contract is placed on or after 6 July 1993; or
.2 in the
absence of a contract, the construction work of which is begun on or after 6
January 1994; or
.3 which is
completed on or after 6 July 1996.
28.7
oil tanker delivered on or after 1 February 2002 means an oil tanker:
.1 for which the
building contract is placed on or after 1 February 1999; or
.2 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 1 August 1999; or
.3 the delivery
of which is on or after 1 February 2002; or
.4 which has
undergone a major conversion:
.1 for which the
contract is placed on or after 1 February 1999; or
.2 in the
absence of a contract, the construction work of which is begun on or after 1
August 1999; or
.3 which is
completed on or after 1 February 2002.
28.8
oil tanker delivered on or after 1 January 2010 means an oil tanker:
.1 for which the
building contract is placed on or after 1 January 2007; or
.2 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 1 July 2007; or
.3 the delivery
of which is on or after 1 January 2010; or
.4 which has
undergone a major conversion:
.1 for which the
contract is placed on or after 1 January 2007; or