RESOLUTION MEPC.330(76)
(adopted on 17 June 2021)
AMENDMENTS TO THE ANNEX OF THE INTERNATIONAL CONVENTION FOR THE
PREVENTION OF POLLUTION FROM SHIPS, 1973, AS MODIFIED BY THE PROTOCOL
OF 1978 RELATING THERETO
Amendments to MARPOL Annexes I and IV
(Exemption
of unmanned non-self-propelled barges from certain survey and certification
requirements)
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 international conventions for the
prevention and control of marine pollution from ships,
RECALLING ALSO article 16 of the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978
relating thereto (MARPOL), which specifies the amendment procedure and confers
upon the appropriate body of the Organization the function of considering and
adopting amendments thereto,
HAVING CONSIDERED, at its seventy-sixth session, proposed
amendments to MARPOL Annexes I and IV concerning the exemption of unmanned
non-self-propelled (UNSP) barges from survey and certification requirements,
which were circulated in accordance with article 16(2)(a) of MARPOL,
1 ADOPTS, in
accordance with article 16(2)(d) of MARPOL, amendments to MARPOL Annexes I and
IV, the text of which is set out in the annex to the present resolution;
2 DETERMINES, in
accordance with article 16(2)(f)(iii) of MARPOL, that the amendments shall be
deemed to have been accepted on 1 May 2022 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% 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 MARPOL, the
said amendments shall enter into force on 1 November 2022 upon their acceptance
in accordance with paragraph 2 above;
4 REQUESTS the
Secretary-General, for the purposes of article 16(2)(e) of MARPOL, to transmit
certified copies of the present resolution and the text of the amendments
contained in the annexes to all Parties to MARPOL;
5 REQUESTS ALSO the
Secretary-General to transmit copies of the present resolution and its annexes
to Members of the Organization which are not Parties to MARPOL.
ANNEX
AMENDMENTS TO MARPOL ANNEX I
(Exemption of UNSP barges from certain survey and certification
requirements)
Regulation 1
Definitions
1 A new paragraph 40
is added as follows:
"40
Unmanned non-self-propelled
(UNSP) barge means a barge that:
.1 is not propelled by
mechanical means;
.2 carries no oil (as
defined in regulation 1.1 of this Annex);
.3 has no machinery
fitted that may use oil or generate oil residue (sludge);
.4 has no oil fuel
tank, lubricating oil tank, oily bilge water holding tank and oil residue
(sludge) tank; and
.5 has neither persons
nor living animals on board."
Regulation 3
Exemptions and waivers
2 Paragraph 2 is
replaced by the following:
"2
Particulars of any such
exemption, except those under paragraph 7 of this regulation, granted by the
Administration shall be indicated in the Certificate referred to in regulation
7 of this Annex."
3 A new paragraph 7
is added as follows:
"7
The Administration may exempt a
UNSP barge* from the requirements of regulations 6.1 and 7.1 of this Annex, by
an International Oil Pollution Prevention Exemption Certificate for Unmanned
Non-self-propelled Barges, for a period not exceeding five years provided that
the UNSP barge has undergone a survey to confirm that the conditions referred
to in regulations 1.40.1 to 1.40.5 of this Annex are met.
_______________
* Refer to the Guidelines
for exemption of unmanned non-self-propelled barges from certain survey and
certification requirements under the MARPOL Convention (MEPC.1/Circ.892)."
Regulation 8
Issue of endorsement of certificate by another Government
4 Paragraph 4 is
replaced by the following:
"4
No International Oil Pollution
Prevention Certificate or UNSP Exemption Certificate shall be issued to a ship
which is entitled to fly the flag of a State which is not a Party."
Regulation 9
Form of certificate
5 The existing
paragraph is numbered as paragraph 1 and a new paragraph 2 is added as follows:
"2
The International Oil Pollution
Prevention Exemption Certificate for Unmanned Non-self-propelled Barges shall
be drawn up in the form corresponding to the model given in appendix IV 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 the event
of a dispute or discrepancy."
6 A new appendix IV
is added as follows:
"APPENDIX IV
Form of Exemption Certificate for UNSP Barges
INTERNATIONAL
OIL POLLUTION PREVENTION EXEMPTION CERTIFICATE FOR UNMANNED
NON-SELF-PROPELLED (UNSP) BARGES Issued under the provisions of the International Convention for
the Prevention of Pollution from Ships, 1973, as modified by the Protocol of
1978, as amended, relating thereto (hereinafter referred to
as "the Convention") under the authority of the Government of: ……………………………………………………………………………………………………….……… (full designation of the country) by ……………………………………………………………………………………………………………… (full designation of the competent person or organization authorized
under the provisions of the Convention) Particulars of ship* Name of ship ……………………………………………………… Distinctive number or letters…………………………………….... Port of registry ………………………………………………….… Gross tonnage …………………………………………………….. _______________ * Alternatively, the particulars of the ship
may be placed horizontally in boxes. THIS IS TO CERTIFY: 1 That the UNSP
barge has been surveyed in accordance with regulation 3.7 of Annex I to the
Convention; 2 That the survey
shows that the UNSP barge: .1 is not propelled
by mechanical means; .2 carries no oil (as
defined in regulation 1.1 of Annex I to the Convention); .3 has no machinery
fitted that may use oil or generate oil residue (sludge); .4 has no oil fuel
tank, lubricating oil tank, oily bilge water holding tank and oil residue
(sludge) tank; and .5 has neither
persons nor living animals on board; and 3 That the UNSP
barge is exempted, under regulation 3.7 of Annex I to the Convention, from
the certification and related survey requirements of regulations 6.1 and 7.1
of Annex I to the Convention. This certificate is valid until (dd/mm/yyyy) …………………………. subject to the exemption conditions being maintained. Completion date of the survey on which this certificate is based
(dd/mm/yyyy) ………………. Issued at …………………………………………………………… (place of issue of certificate) ....................................................
...........................................................
(date
of issue) (dd/mm/yyyy) (signature
of duly authorized official issuing the certificate) (seal or stamp of the authority, as appropriate)"
|
AMENDMENTS TO MARPOL ANNEX IV
(Exemption of UNSP barges from certain survey and certification
requirements)
Regulation 1
Definitions
1 A new paragraph 16
is added as follows:
"16
Unmanned non-self-propelled
(UNSP) barge means a barge that:
.1 is not propelled by
mechanical means;
.2 has neither persons
nor living animals on board;
.3 is not used for
holding sewage during transport; and
.4 has no arrangements
that could produce sewage as defined in regulation 1.3 of this Annex."
Regulation 3
Exceptions
2 The title of the
regulation is replaced by the following:
"Exceptions
and exemptions"
3 A new paragraph 2
is added as follows:
"2 The
Administration may exempt an unmanned non-self-propelled (UNSP) barge* from the
requirements of regulations 4.1 and 5.1 of this Annex, by an International
Sewage Pollution Prevention Exemption Certificate for Unmanned
Non-self-propelled (UNSP) Barges, for a period not exceeding 5 years provided
that the barge has undergone a survey to confirm that the conditions referred
to in regulations 1.16.1 to 1.16.4 of this Annex are met."
_______________
* Refer to the Guidelines
for exemption of unmanned non-self-propelled barges from the survey and
certification requirements under the MARPOL Convention (MEPC.1/Circ.892).
Regulation 6
Issue of endorsement of a Certificate by another Government
4 Paragraph 4 is
replaced by the following:
"4
No International Sewage
Pollution Prevention Certificate or UNSP Exemption 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
5 The existing
paragraph is numbered as paragraph 1 and the reference to "appendix"
is replaced by "appendix 1".
6 A new paragraph 2
is added as follows:
"2
The International Sewage
Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled
(UNSP) Barges shall be drawn up in the form corresponding to the model given in
appendix II 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 the event of a dispute or discrepancy."
Appendices
7 The existing
appendix is numbered as appendix I and a new appendix II is added as follows:
"APPENDIX II
Form of Exemption Certificate for UNSP Barges