Annex II

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 substance 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.

18.

Audit means a systematic, independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled.

19.

Audit Scheme means the IMO Member State Audit Scheme established by the Organization and taking into account the guidelines developed by the Organization.

20.

Code for Implementation means the IMO Instruments Implementation Code (III Code) adopted by the Organization by resolution A.1070(28).

21.

Audit Standard means the Code for Implementation.

22.

Electronic Record Book means a device or system, approved by the Administration, used to electronically record the required entries for discharges, transfers and other operations as required under this Annex in lieu of a hard copy record book.

23.

Persistent floater means a slick forming substance with the following properties:

–

Density: ≤ sea water (1025 kg/m³ at 20°C);

–

Vapour pressure: ≤ 0.3 kPa;

–

Solubility: ≤ 0.1% (for liquids) ≤ 10% (for solids); and

–

Kinematic viscosity: > 10 cSt at 20°C.

1

2

1

.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

.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

.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

.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

.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

2

3

.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.

1

.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 health, amenities or other legitimate uses of the sea when discharged into the sea from tank cleaning of deballasting operations. The discharge of bilge or ballast water or other residues or mixtures containing only substances referred to as ‘Other Substances’ shall not be subject to any requirements of the Annex.

2

3

1

.1.

An initial survey before the ship is put in service or before the Certificate required under regulation 9 of this Annex is issued for the first time, and 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 5 years, except where regulation 10.2, 10.5, 10.6, 10.7 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 intermediate survey within 3 months before or after the second anniversary date or within 3 months before or after the third anniversary date of the Certificate which shall take the place of one of the annual surveys specified in paragraph 1.4 of this regulation. The intermediate survey shall be such as to ensure that the equipment and associated pump and piping systems fully comply with the applicable requirements of this Annex and are in good working order. Such intermediate surveys shall be endorsed on the Certificate issued under regulation 9 of this Annex.

.4.

An annual survey within 3 months before or after each anniversary date of the Certificate including a general inspection of the structure, equipment, systems, fittings, arrangements and material referred to in paragraph 1.1 of this regulation to ensure that they have been maintained in accordance with paragraph 3 of this regulation and that they remain satisfactory for the service for which the ship is intended. Such annual surveys shall be endorsed on the Certificate issued under regulation 9 of this Annex.

.5.

An additional survey either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in paragraph 3 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.

2.1

2.2

.1.

amendments to part 1 and part 2 of the RO Code are adopted, brought into force and take effect in accordance with the provisions of article 16 of the present Convention concerning the amendment procedures applicable to this annex;

.2.

amendments to part 3 of the RO Code are adopted by the Marine Environment Protection Committee in accordance with its Rules of Procedure; and

.3.

any amendments referred to in .1 and .2 adopted by the Maritime Safety Committee and the Marine Environment Protection Committee are identical and come into force or take effect at the same time, as appropriate.

2.3

.1.

require repairs to a ship; and

.2.

carry out surveys if requested by the appropriate authorities of a port State.

2.4

2.5

2.6

3.1

3.2

3.3

1

2

3.1

3.2

3.3

3.4

4

1

2.1

2.2

2.3

3

4

5

6

7

8

.1.

the anniversary date shown on the Certificate shall be amended by endorsement to a date which shall not be more than 3 months later than the date on which the survey was completed;

.2.

the subsequent annual or intermediate survey required by regulation 8 of this Annex shall be completed at the intervals prescribed by that regulation using the new anniversary date;

.3.

the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by regulation 8 of this Annex are not exceeded.

9

.1.

if the relevant surveys are not completed within the periods specified under regulation 8.1 of this Annex;

.2.

if the Certificate is not endorsed in accordance with regulation 8.1.3 or 8.1.4 of this Annex;

.3.

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 regulation 8.3.1 and 8.3.2 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.

1

.1.

the International Bulk Chemical Code when the chemical tanker is constructed on or after 1 July 1986; or

.2.

the Bulk Chemical Code as referred to in paragraph 1.7.2 of that Code for:

.1.

ships for which the building contract is placed on or after 2 November 1973 but constructed before 1 July 1986, and which are engaged on voyages to ports or terminals under the jurisdiction of other States Parties to the Convention; and

.2.

ships constructed on or after 1 July 1983 but before 1 July 1986, which are engaged solely on voyages between ports or terminals within the State the flag of which the ship is entitled to fly.

.3.

The Bulk Chemical Code as referred to in paragraph 1.7.3 of that Code for:

.1.

ships for which the building contract is placed before 2 November 1973 and which are engaged on voyages to ports or terminals under the jurisdiction of other States Parties to the Convention; and

.2.

ships constructed before 1 July 1983, which are solely engaged on, voyages between ports or terminals within the State the flag of which the ship is entitled to fly.

2

1

2

3

4

5

6

7

8

9

10

11

1.Discharge provisions

1.1.

The discharge into the sea of residues of substances assigned to Category X, Y or Z or of those provisionally assessed as such or ballast water, tank washings or other mixtures containing such substances shall be prohibited unless such discharges are made in full compliance with the applicable operational requirements contained in this Annex.

1.2.

Before any prewash or discharge procedure is carried out in accordance with this regulation, the relevant tank shall be emptied to the maximum extent in accordance with the procedures prescribed in the Manual.

1.3.

The carriage of substances which have not been categorized, provisionally assessed or evaluated as referred to in regulation 6 of this Annex or of ballast water, tank washings or other mixtures containing such residues shall be prohibited along with any consequential discharge of such substances into the sea.

2.Discharge standards

2.1.

Where the provisions in this regulation allow the discharge into the sea of residues of substances in Category X, Y or Z or of those provisionally assessed as such or ballast water, tank washings or other mixtures containing such substances the following discharge standards shall apply:

.1.

the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled;

.2.

the discharge is made below the waterline through the underwater discharge outlet(s) not exceeding the maximum rate for which the underwater discharge outlet(s) is (are) designed; and

.3.

the discharge is made at a distance of not less than 12 nautical miles from the nearest land in a depth of water of not less than 25 metres.

2.2.

For ships constructed before 1 January 2007 the discharge into the sea of residues of substances in Category Z or of those provisionally assessed as such or ballast water, tank washings or other mixtures containing such substances below the waterline is not mandatory.

2.3.

The Administration may waive the requirements of paragraph 2.1.3 for substances in Category Z, regarding the distance of not less than 12 nautical miles from the nearest land for ships solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State the flag, of which, the ship is entitled to fly. In addition, the Administration may waive the same requirement regarding the discharge distance of not less than 12 nautical miles from the nearest land for a particular ship entitled to fly the flag of their State, when engaged in voyages within waters subject to the sovereignty or jurisdiction of one adjacent state after the establishment of an agreement, in writing, of a waiver between the two coastal States involved provided that no third party will be affected. Information on such agreement shall be communicated to the Organization within 30 days for further circulation to the Parties to the Convention for their information and appropriate action if any.

3.Ventilation of cargo residues

Ventilation procedures approved by the Administration may be used to remove cargo residues from a tank. Such procedures shall be in accordance with appendix 7 of this Annex. Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to the discharge requirements in this Annex.

4.Exemption for a prewash

On request of the ship's master an exemption for a prewash may be granted by the Government of the receiving Party, where it is satisfied that:

.1.

the unloaded tank is to be reloaded with the same substance or another substance compatible with the previous one and that the tank will not be washed or ballasted prior to loading; or

.2.

the unloaded tank is neither washed nor ballasted at sea. The prewash in accordance with the applicable paragraph of this regulation shall be carried out at another port provided that it has been confirmed in writing that a reception facility at that port is available and is adequate for such a purpose; or

.3.

the cargo residues will be removed by a ventilation procedure approved by the Administration in accordance with appendix 7 of this Annex.

5.The use of cleaning agents or additives

5.1.

When a washing medium other than water, such as mineral oil or chlorinated solvent, is used instead of water to wash a tank, its discharge shall be governed by the provisions of either Annex I or Annex II, which would apply to the medium had it been carried as cargo. Tank washing procedures involving the use of such a medium shall be set out in the Manual and be approved by the Administration.

5.2.

When small amounts of cleaning additives (detergent products) are added to water in order to facilitate tank washing, no additives containing Pollution Category X components shall be used except those components that are readily biodegradable and present in a total concentration of less than 10% of the cleaning additive. No restrictions additional to those applicable to the tank due to the previous cargo shall apply.

6.Discharge of residues of Category X

6.1.

Subject to the provision of paragraph 1, the following provisions shall apply:

.1.

A tank from which a substance in Category X has been unloaded, shall be prewashed before the ship leaves the port of unloading. The resulting residues shall be discharged to a reception facility until the concentration of the substance in the effluent to such facility, as indicated by analyses of samples of the effluent taken by the surveyor, is at or below 0.1% by weight. When the required concentration level has been achieved, remaining tank washings shall continue to be discharged to the reception facility until the tank is empty. Appropriate entries of these operations shall be made in the Cargo Record Book and endorsed by the surveyor referred to in regulation 16.1.

.2.

Any water subsequently introduced into the tank may be discharged into the sea in accordance with the discharge standards in regulation 13.2.

.3.

Where the Government of the receiving party is satisfied that it is impracticable to measure the concentration of the substance in the effluent without causing undue delay to the ship, that Party may accept an alternative procedure as being equivalent to obtain the required concentration in regulation 13.6.1.1 provided that:

.1.

the tank is prewashed in accordance with a procedure approved by the Administration in compliance with appendix 6 of this Annex; and

.2.

appropriate entries shall be made in the Cargo Record Book and endorsed by the surveyor referred to in regulation 16.1.

7.Discharge of residues of Category Y and Z

7.1.

Subject to the provision of paragraph 1, the following provisions shall apply:

.1.

With respect to the residue discharge procedures for substances in Category Y or Z the discharge standards in regulation 13.2 shall apply.

.2.

If the unloading of a substance of Category Y or Z is not carried out in accordance with the Manual, a prewash shall be carried out before the ship leaves the port of unloading, unless alternative measures are taken to the satisfaction of the surveyor referred to in regulation 16. 1 of this Annex to remove the cargo residues from the ship to quantities specified in this Annex. The resulting tank washings of the prewash shall be discharged to a reception facility at the port of unloading or another port with a suitable reception facility provided that it has been confirmed in writing that a reception facility at that port is available and is adequate for such a purpose.

.3.

For High-Viscosity or Solidifying Substances in Category Y the following shall apply:

.1.

a prewash procedure as specified in appendix 6 shall be applied;

.2.

the residue/water mixture generated during the prewash shall be discharged to a reception facility until the tank is empty; and

.3.

any water subsequently introduced into the tank may be discharged into the sea in accordance with the discharge standards in regulation 13.2.

7.1.4.

For substances assigned to category Y that are persistent floaters with a viscosity equal to or greater than 50 mPa·s at 20°C and/or with a melting point equal to or greater than 0°C, as identified by “16.2.7” in column “o” of chapter 17 of the IBC Code, the following shall apply in the areas in paragraph 9:

.1.

a prewash procedure as specified in appendix 6 to this annex shall be applied;

.2.

the residue/water mixture generated during the prewash shall be discharged to a reception facility at the port of unloading until the tank is empty; and

.3.

any water subsequently introduced into the tank may be discharged into the sea in accordance with the discharge standards in regulation 13.2.

7.2.

Operational requirements for ballasting and deballasting

7.2.1.

After unloading, and, if required, after a prewash, a cargo tank may be ballasted. Procedures for the discharge of such ballast are set out in regulation 13.2.

7.2.2.

Ballast introduced into a cargo tank which has been washed to such an extent that the ballast contains less than 1 ppm of the substance previously carried, may be discharged into the sea without regard to the discharge rate, ship's speed and discharge outlet location, provided that the ship is not less than 12 miles from the nearest land and in water that is not less than 25 metres deep. The required degree of cleanliness has been achieved when a prewash as specified in appendix 6 has been carried out and the tank has been subsequently washed with a complete cycle of the cleaning machine for ships built before 1 July 1994 or with a water quantity not less than that calculated with k=1.0.

7.2.3.

The discharge into the sea of clean or segregated ballast shall not be subject to the requirements of this Annex.

8.Discharges in the Antarctic Area

8.1.

Antarctic Area means the sea area south of latitude 60°S.

8.2.

In the Antarctic area any discharge into the sea of Noxious Liquid Substances or mixtures containing such substances is prohibited.

9.Areas to which regulation 13.7.1.4 applies

9.1.

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

9.2.

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;

9.3.

the Western European waters is an area that covers the United Kingdom, Ireland, Belgium, France, Spain and Portugal, from the Shetland Islands in the North to Cape S. Vicente in the South, and the English Channel and its approaches. The area is bounded by lines joining the following points:

58°30’.00 N on the UK coast

58°30’.00 N, 000°00’.00 W

62°00’.00 N, 000°00’.00 W

62°00’.00 N, 003°00’.00 W

56°30’.00 N, 012°00’.00 W

54°40’.41 N, 015°00’.00 W

50°56’.45 N, 015°00’.00 W

48°27’.00 N, 006°25’.00 W

48°27’.00 N, 008°00’.00 W

44°52’.00 N, 003°10’.00 W

44°52’.00 N, 010°00’.00 W

44°14’.00 N, 011°34’.00 W

42°55’.00 N, 012°18’.00 W

41°50’.00 N, 011°34’.00 W

37°00’.00 N, 009°49’.00 W

36°20’.00 N, 009°00’.00 W

36°20’.00 N, 007°47’.00 W

37°10’.00 N, 007°25’.00 W

51°22’.25 N, 003°21’.53 E5

2°12’.00 N, on the UK east coast

52°10’.30 N, 006°21’.80 W

52°01’.52 N, 005°04’.18 W

54°51’.43 N, 005°08’.47 W

54°40’.39 N, 005°34’.34 W

9.4.

the Norwegian Sea is bounded by lines joining the following points:

69°47’.69 N, 030°49’.06 E

69°58’.76 N, 031°06’.26 E

70°08’.63 N, 031°35’.14 E

70°16’.48 N, 032°04’.38 E

73°23’.07 N, 036°28’.57 E

73°35’.66 N, 035°27’.34 E

74°02’.97 N, 033°17’.86 E

74°20’.71 N, 030°33’.51 E

74°29’.80 N, 026°28’.18 E

74°24’.24 N, 022°55’.03 E

74°13’.72 N, 020°15’.98 E

73°35’.44 N, 016°36’.50 E

73°14’.83 N, 014°09’.43 E

72°42’.54 N, 011°42’.14 E

71°58’.20 N, 009°54’.96 E

71°37’.56 N, 008°43’.82 E

70°43’.16 N, 006°36’.07 E

69°36’.62 N, 004°47’.32 E

68°58’.32 N, 003°51’.22 E

68°14’.99 N, 003°17’.03 E

67°25’.80 N, 003°10’.21 E

66°49’.73 N, 003°25’.13 E

66°25’.93 N, 003°17’.11 E

65°22’.72 N, 001°24’.59 E

64°25’.97 N, 000°29’.32 W

63°53’.22 N, 000°29’.44 W

62°53’.47 N, 000°38’.36 E

62°00’.00 N, 001°22’.25 E

62°00’.00 N, 004°52’.35 E

1

2

1

2

3

4

5

6

1

2

3

4

5

.1.

the tank, its pump and piping systems have been emptied; and

.2.

the prewash has been carried out in accordance with the provisions of appendix 6 of this Annex; and

.3.

the tank washing resulting from such prewash have been discharged to a reception facility and the tank is empty.

6

7

8

9.Port State control on operational requirements

9.1.

A ship when in a port of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by Noxious Liquid Substances.

9.2.

In the circumstances given in paragraph 9.1 of this regulation, the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.

9.3.

Procedures relating to the port State control prescribed in article 5 of the present Convention shall apply to this regulation.

9.4.

Nothing in this regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.

1

2

.1.

the procedure to be followed by the master or other persons having charge of the ship to report a Noxious Liquid Substances pollution incident, as required in article 8 and Protocol I of the present Convention, based on the Guidelines developed by the Organization;

.2.

the list of authorities or persons to be contacted in the event of a Noxious Liquid Substances pollution incident;

.3.

a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of Noxious Liquid Substances following the incident; and

.4.

the procedures and point of contact on the ship for co-ordinating shipboard action with national and local authorities in combating the pollution.

3

1

.1.

ports and terminals involved in ships' cargo handling shall have adequate facilities for the reception of residues and mixtures containing such residues of Noxious Liquid Substances resulting from compliance with this Annex, without undue delay for the ships involved.

.2.

ship repair ports undertaking repairs to NLS tankers shall provide facilities adequate for the reception of residues and mixtures containing Noxious Liquid Substances for ships calling at that port.

2

2bis

.1.

how the Regional Reception Facilities Plan takes into account the Guidelines;

.2.

particulars of the identified Regional Ships Waste Reception Centres; and

.3.

particulars of those ports with only limited facilities.

2ter

3

.1.

small island developing States; and

.2.

States the coastline of which borders on Arctic waters, provided that regional arrangements shall cover only ports within Arctic waters of those States.

.1.

how the Regional Reception Facilities Plan takes into account the guidelines developed by the Organization;

.2.

particulars of the identified Regional Ships Waste Reception Centres taking into account the guidelines developed by the Organization; and

.3.

particulars of those ports with only limited facilities.

4

5

1

2

3

4

.1.

based on an overall schedule developed by the Secretary-General of the Organization, taking into account the guidelines developed by the Organization; and

.2.

conducted at periodic intervals, taking into account the guidelines developed by the Organization.

1.

Polar Code means the International Code for Ships Operating in Polar Waters, consisting of an introduction, part I-A and part II-A and parts I-B and II-B, as adopted by resolutions MSC.385(94) and MEPC.264(68), as may be amended, provided that:

.1.

amendments to the environment-related provisions of the introduction and chapter 2 of part II-A of the Polar Code are adopted, brought into force and take effect in accordance with the provisions of article 16 of the present Convention concerning the amendment procedures applicable to an appendix to an annex; and

.2.

amendments to part II-B of the Polar Code are adopted by the Marine Environment Protection Committee in accordance with its Rules of Procedure.

2.

Arctic waters means those waters which are located north of a line from the latitude 58°00’.0 N and longitude 042°00’.0 W to latitude 64°37’.0 N, longitude 035°27’.0 W and thence by a rhumb line to latitude 67°03’.9 N, longitude 026°33’.4 W and thence by a rhumb line to the latitude 70°49’.56 N and longitude 008°59’.61 W (Sørkapp, Jan Mayen) and by the southern shore of Jan Mayen to 73°31’.6 N and 019°01’.0 E by the Island of Bjørnøya, and thence by a great circle line to the latitude 68°38’.29 N and longitude 043°23’.08 E (Cap Kanin Nos) and hence by the northern shore of the Asian Continent eastward to the Bering Strait and thence from the Bering Strait westward to latitude 60° N as far as Il’pyrskiy and following the 60th North parallel eastward as far as and including Etolin Strait and thence by the northern shore of the North American continent as far south as latitude 60° N and thence eastward along parallel of latitude 60° N, to longitude 056°37’.1 W and thence to the latitude 58°00’.0 N, longitude 042°00’.0 W.

3.

Polar waters means Arctic waters and/or the Antarctic area.

1

2

3