Resolution
MEPC.118(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 II 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 II of MARPOL 73/78,
1.
ADOPTS, in accordance with article 16(2)(b), (c) and (d) of the 1973 Convention,
the revised Annex II of MARPOL 73/78, the text of which is set out at the annex
to the present resolution;
2.
DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention,
that the revised Annex II 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 II 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 II 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.
Anniversary date means the day and the month of each year which will correspond
to the date of expiry of the International Pollution Prevention Certificate for
the Carriage of Noxious Liquid Substances in Bulk.
2.
Associated piping means the pipeline from the suction point in a cargo tank to
the shore connection used for unloading the cargo and includes all ship’s
piping, pumps and filters which are in open connection with the cargo unloading
line.
3.
Ballast water
Clean
ballast means ballast water carried in a tank which, since it was last used to
carry a cargo containing a substance in Category X, Y or Z, has been thoroughly
cleaned and the residues resulting there from have been discharged and the tank
emptied in accordance with the appropriate requirements of this Annex.
Segregated
ballast means ballast water introduced into a tank permanently allocated to the
carriage of ballast or cargoes other than oil or Noxious Liquid Substances as
variously defined in the Annexes of the present Convention, and which is
completely separated from the cargo and oil fuel system.
4.
Chemical Codes
Bulk
Chemical Code means the Code for the Construction and Equipment of Ships
carrying Dangerous Chemicals in Bulk adopted by the Marine Environment
Protection Committee of the Organization by resolution MEPC.20(22), as 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.
International
Bulk Chemical Code means the International Code for the Construction and
Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Marine
Environment Protection Committee of the Organization by resolution MEPC.19(22),
as 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.
5.
Depth of water means the charted depth.
6.
En route means that the ship is under way at sea on a course or courses,
including deviation from the shortest direct route, which as far as practicable
for navigational purposes, will cause any discharge to be spread over as great
an area of the sea as is reasonable and practicable.
7.
Liquid substances are those having a vapour pressure not exceeding 0.28 MPa
absolute at a temperature of 37.8°C.
8.
Manual means Procedures and Arrangements Manual in accordance with the model
given in appendix 6 of this Annex.
9.
Nearest land. The term "from the nearest land" means from the
baseline from which the territorial sea 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 the 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.
10.
Noxious Liquid Substance means any substance indicated in the Pollution
Category column of chapter 17 or 18 of the International Bulk Chemical Code or
provisionally assessed under the provisions of regulation 6.3 as falling into
Category X, Y or Z.
11.
PPM means ml/m3.
12.
Residue means any noxious liquid substance which remains for disposal.
13.
Residue/water mixture means residue to which water has been added for any
purpose (e.g. tank cleaning, ballasting, bilge slops).
14.
Ship construction
14.1
Ship constructed means a ship the keel of which is laid or which is at a
similar stage of construction. A ship converted to a chemical tanker,
irrespective of the date of construction, shall be treated as a chemical tanker
constructed on the date on which such conversion commenced. This conversion
provision shall not apply to the modification of a ship, which complies with all
of the following conditions:
.1 the ship is
constructed before 1 July 1986; and
.2 the ship is
certified under the Bulk Chemical Code to carry only those products identified
by the Code as substances with pollution hazards only.
14.2
Similar stage of construction means the stage at which:
.1 construction
identifiable with a specific ship begins; and
.2 assembly of
that ship has commenced comprising at least 50 tons or one per cent of the
estimated mass of all structural material, whichever is less.
15.
Solidifying/non-solidifying
15.1
Solidifying Substance means a noxious liquid substance which:
.1 in the case
of a substance with a melting point of less than 15°C which is at a temperature
of less than 5°C above its melting point at the time of unloading; or
.2 in the case
of a substances with a melting point of equal to or greater than 15°C which is
at a temperature of less than 10°C above its melting point at the time of
unloading.
15.2
Non-solidifying Substance means a noxious liquid substance, which is not a
Solidifying Substance.
16.
Tanker
.1 Chemical
tanker means a ship constructed or adapted for the carriage in bulk of any
liquid product listed in chapter 17 of the International Bulk Chemical Code;
.2 NLS tanker
means a ship constructed or adapted to carry a cargo of Noxious Liquid
Substances in bulk and includes an "oil tanker" as defined in Annex I
of the present Convention when certified to carry a cargo or part cargo of
Noxious Liquid Substances in bulk.
17.
Viscosity
.1
High-Viscosity Substance means a noxious liquid substance in Category X or Y
with a viscosity equal to or greater than 50 mPa·s at the unloading
temperature.
.2 Low-Viscosity
Substance means a noxious liquid substance, which is not a High-Viscosity
Substance.
1.
Unless expressly provided otherwise the provisions of this Annex shall apply to
all ships certified to carry Noxious Liquid Substances in bulk.
2.
Where a cargo subject to the provisions of Annex I of the present Convention is
carried in a cargo space of an NLS tanker, the appropriate requirements of
Annex I of the present Convention shall also apply.
1.
The discharge requirements of this Annex shall not apply to the discharge into
the sea of Noxious Liquid Substances or mixtures containing such substances
when such a discharge:
.1 is necessary
for the purpose of securing the safety of a ship or saving life at sea; or
.2 results from
damage to a ship or its equipment:
.1 provided that
all reasonable precautions have been taken after the occurrence of the damage
or discovery of the discharge for the purpose of preventing or minimizing the
discharge; and
.2 except if the
owner or the master acted either with intent to cause damage, or recklessly and
with knowledge that damage would probably result; or
.3 is approved
by the Administration, when being used for the purpose of combating specific
pollution incidents in order to minimize the damage from pollution. Any such
discharge shall be subject to the approval of any Government in whose
jurisdiction it is contemplated the discharge will occur.
1.
With respect to amendments to carriage requirements due to the upgrading of the
categorization of a substance, the following shall apply:
.1 where an
amendment to this Annex and the International Bulk Chemical Code and Bulk
Chemical Code involves changes to the structure or equipment and fittings due
to the upgrading of the requirements for the carriage of certain substances,
the Administration may modify or delay for a specified period the application
of such an amendment to ships constructed before the date of entry into force
of that amendment, if the immediate application of such an amendment is
considered unreasonable or impracticable. Such relaxation shall be determined
with respect to each substance;
.2 the
Administration allowing a relaxation of the application of an amendment under
this paragraph shall submit to the Organization a report giving details of the
ship or ships concerned, the cargoes certified to carry, the trade in which
each ship is engaged and the justification for the relaxation, for circulation
to the Parties to the Convention for their information and appropriate action,
if any and reflect the exemption on the Certificate as referred to in
regulation 7 or 9 of this Annex;
.3
Notwithstanding the above, an Administration may exempt ships from the carriage
requirements under regulation 11 for ships certified to carry individually
identified vegetable oils identified by the relevant footnote in chapter 17 of
the IBC Code, provided the ship complies with the following conditions:
.1 Subject to
this regulation, the NLS tanker shall meet all requirements for ship type 3 as
identified in the IBC Code except for cargo tank location;
.2 under this
regulation, cargo tanks shall be located at the following distances inboard.
The entire cargo tank length shall be protected by ballast tanks or spaces
other than tanks that carry oil as follows:
.1 wing tanks or
spaces shall be arranged such that cargo tanks are located inboard of the
moulded line of the side shell plating nowhere less than 760 mm;
.2 double bottom
tanks or spaces shall be arranged such that the distance between the bottom of
the cargo tanks and the moulded line of the bottom shell plating measured at
right angles to the bottom shell plating is not less than B/15 (m) or 2.0 m at
the centreline, whichever is the lesser. The minimum distance shall be 1.0
metre; and
.3 the relevant
certificate shall indicate the exemption granted.
2.
Subject to the provisions of paragraph 3 of this regulation, the provisions of
regulation 12.1 need not apply to a ship constructed before 1 July 1986 which
is engaged in restricted voyages as determined by the Administration between:
.1 ports or
terminals within a State Party to the present Convention; or
.2 ports or
terminals of States Parties to the present Convention.
3.
The provisions of paragraph 2 of this regulation shall only apply to a ship
constructed before 1 July 1986 if:
.1 each time a
tank containing Category X, Y or Z substances or mixtures is to be washed or
ballasted, the tank is washed in accordance with a prewash procedure approved
by the Administration in compliance with appendix 6 of this Annex, and the tank
washings are discharged to a reception facility;
.2 subsequent
washings or ballast water are discharged to a reception facility or at sea in
accordance with other provisions of this Annex;
.3 the adequacy
of the reception facilities at the ports or terminals referred to above, for
the purpose of this paragraph, is approved by the Governments of the States
Parties to the present Convention within which such ports or terminals are
situated;
.4 in the case
of ships engaged in voyages to ports or terminals under the jurisdiction of
other States Parties to the present Convention, the Administration communicates
to the Organization, for circulation to the Parties to the Convention,
particulars of the exemption, for their information and appropriate action, if
any; and
.5 the
certificate required under this Annex is endorsed to the effect that the ship
is solely engaged in such restricted voyages.
4.
For a ship whose constructional and operational features are such that
ballasting of cargo tanks is not required and cargo tank washing is only
required for repair or dry-docking, the Administration may allow exemption from
the provisions of regulation 12, provided that all of the following conditions
are complied with:
.1 the design,
construction and equipment of the ship are approved by the Administration,
having regard to the service for which it is intended;
.2 any effluent
from tank washings which may be carried out before a repair or dry-docking is
discharged to a reception facility, the adequacy of which is ascertained by the
Administration;
.3 the
certificate required under this Annex indicates:
.1 that each
cargo tank is certified for the carriage of a restricted number of substances
which are comparable and can be carried alternately in the same tank without intermediate
cleaning; and
.2 the
particulars of the exemption;
.4 the ship
carries a Manual approved by the Administration; and
.5 in the case
of ships engaged in voyages to ports or terminals under the jurisdiction of
other States Parties to the present Convention, the Administration communicates
to the Organization, for circulation to the Parties to the Convention,
particulars of the exemption, for their information and appropriate action, if
any.
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. This authority of the Administration shall not extend
to the substitution of operational methods to effect the control of discharge
of Noxious Liquid Substances as equivalent to those design and construction
features which are prescribed by regulations in this Annex.
2.
The Administration, which allows a fitting, material, appliance or apparatus as
alternative to that required by this Annex, under paragraph 1 of this
regulation, shall communicate to the Organization for circulation to the
Parties to the Convention, particulars thereof, for their information and
appropriate action, if any.
3.
Notwithstanding the provisions of paragraphs 1 and 2 of this regulation, the
construction and equipment of liquefied gas carriers certified to carry Noxious
Liquid Substances listed in the applicable Gas Carrier Code, shall be deemed to
be equivalent to the construction and equipment requirements contained in
regulations 11 and 12 of this Annex, provided that the gas carrier meets all
following conditions:
.1 hold a
Certificate of Fitness in accordance with the appropriate Gas Carrier Code for
ships certified to carry liquefied gases in bulk;
.2 hold an
International Pollution Prevention Certificate for the Carriage of Noxious
Liquid Substances in Bulk, in which it is certified that the gas carrier may
carry only those Noxious Liquid Substances identified and listed in the
appropriate Gas Carrier Code;
.3 be provided
with segregated ballast arrangements;
.4 be provided
with pumping and piping arrangements, which, to the satisfaction of the Administration,
ensure that the quantity of cargo residue remaining in the tank and its
associated piping after unloading does not exceed the applicable quantity of
residue as required by regulation 12.1, 12.2 or 12.3; and
.5 be provided
with a Manual, approved by the Administration, ensuring that no operational
mixing of cargo residues and water will occur and that no cargo residues will
remain in the tank after applying the ventilation procedures prescribed in the
Manual.
CHAPTER 2.
CATEGORIZATION OF NOXIOUS LIQUID SUBSTANCES
Regulation 6.
Categorization and listing of Noxious Liquid Substances and other substances
1.
For the purpose of the regulations of this Annex, Noxious Liquid Substances
shall be divided into four categories as follows:
.1 Category X:
Noxious Liquid Substances which, if discharged into the sea from tank cleaning
or deballasting operations, are deemed to present a major hazard to either
marine resources or human health and, therefore, justify the prohibition of the
discharge into the marine environment;
.2 Category Y:
Noxious Liquid Substances which, if discharged into the sea from tank cleaning
or deballasting operations, are deemed to present a hazard to either marine
resources or human health or cause harm to amenities or other legitimate uses
of the sea and therefore justify a limitation on the quality and quantity of
the discharge into the marine environment;
.3 Category Z:
Noxious Liquid Substances which, if discharged into the sea from tank cleaning
or deballasting operations, are deemed to present a minor hazard to either
marine resources or human health and therefore justify less stringent
restrictions on the quality and quantity of the discharge into the marine
environment;
.4 Other
Substances: substances indicated as OS (Other Substances) in the pollution
category column of chapter 18 of the International Bulk Chemical Code which
have been evaluated and found to fall outside Category X, Y or Z as defined in
regulation 6.1 of this Annex because they are, at present, considered to
present no harm to marine resources, human