Einde inhoudsopgave
International Convention on the control of harmful anti-fouling systems on ships, 2001
Annex 4 Surveys and certification requirements for anti-fouling systems
Geldend
Geldend vanaf 01-01-2023
- Redactionele toelichting
Gecorrigeerd via een rectificatie (Trb. 2023, 70).
- Bronpublicatie:
17-06-2021, Trb. 2022, 8 (uitgifte: 26-01-2022, regelingnummer: MEPC.331(76))
- Inwerkingtreding
01-01-2023
- Bronpublicatie inwerkingtreding:
17-06-2021, Trb. 2022, 8 (uitgifte: 26-01-2022, regelingnummer: MEPC.331(76))
- Vakgebied(en)
Vervoersrecht / Binnenvaart
Waterrecht (V)
Vervoersrecht / Zeevervoer
Regulation 1. Surveys
1
Ships of 400 gross tonnage and above referred to in article 3(1)(a) engaged in international voyages, excluding fixed or floating platforms, FSUs, and FPSOs, shall be subject to surveys specified below:
- a)
an initial survey before the ship is put into service or before the International Anti-fouling System Certificate (Certificate) required under regulation 2 or 3 is issued for the first time; and
- b)
a survey when the anti-fouling systems are changed or replaced. Such surveys shall be endorsed on the Certificate issued under regulation 2 or 3.
2
The survey shall be such as to ensure that the ship's anti-fouling system fully complies with this Convention.
3
The Administration shall establish appropriate measures for ships that are not subject to the provisions of paragraph 1 of this regulation in order to ensure that this Convention is complied with.
4
a)
As regards the enforcement of this Convention, surveys of ships shall be carried out by officers duly authorized by the Administration or as provided in regulation 3(1), taking into account guidelines for surveys developed by the Organzation*.
Alternatively, the Administration may entrust surveys required by this Convention either to surveyors nominated for that purpose or to organizations recognized by it.
b)
An Administration nominating surveyors or recognizing organizations** to conduct surveys shall, as a minimum, empower any nominated surveyor or recognized organization to:
- (i)
require a ship that it surveys to comply with the provisions of Annex 1;
- (ii)
carry out surveys if requested by the appropriate authorities of a port State that is a Party to this Convention.
c)
When the Administration, a nominated surveyor, or a recognized organization determines that the ship's anti-fouling system does not conform either to the particulars of a Certificate required under regulation 2 or 3, or to the requirements of this Convention, such Administration, surveyor or organization shall immediately ensure that corrective action is taken to bring the ship into compliance. A surveyor or organization shall also in due course notify the Administration of any such determination. If the required corrective action is not taken, the Administration shall be notified forthwith and it shall ensure that the Certificate is not issued or is withdrawn as appropriate.
d)
In the situation described in subparagraph c, if the ship is in the port of another Party, the appropriate authorities of the port State shall be notified forthwith. When the Administration, a nominated surveyor, or a recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such Administration, surveyor, or organization any necessary assistance to carry out their obligations under this regulation, including any action described in article 11 or 12.
Regulation 2. Issue or Endorsement of an International Anti-fouling System Certificate
1
The Administration shall require that a ship to which regulation 1 applies is issued with a Certificate after successful completion of a survey in accordance with regulation 1. A Certificate issued under the authority of a Party shall be accepted by the other Parties and regarded for all purposes covered by this Convention as having the same validity as a Certificate issued by them.
2
Certificates shall be issued or endorsed either by the Administration or by any person or organization duly authorized by it. In every case, the Administration assumes full responsibility for the Certificate.
3
For ships bearing an anti-fouling system controlled under Annex 1 that was applied before the date of entry into force of a control for such a system, the Administration shall issue a Certificate in accordance with paragraphs (1) and (2) of this regulation not later than two years after entry into force of that control. This paragraph shall not affect any requirement for ships to comply with Annex 1.
4
The Certificate shall be drawn up in the form corresponding to the model given in Appendix 1 to this Annex and shall be written at least in English, French, or Spanish. If an official language of the issuing State is also used this shall prevail in the case of the dispute or discrepancy.
Regulation 3. Issue or Endorsement of an International Anti-fouling System Certificate by Another Party
1
At the request of the Administration, another Party may cause a ship to be surveyed and, if satisfied that this Convention has been complied with, it shall issue or authorize the issue of a Certificate to the ship and, where appropriate, endorse or authorize the endorsement of that Certificate for the ship, in accordance with this Convention.
2
A copy of the Certificate and a copy of the survey report shall be transmitted as soon as possible to the requesting Administration.
3
A Certificate so issued shall contain a statement that it has been issued at the request of the Administration referred to in paragraph 1 and it shall have the same force and receive the same recognition as a Certificate issued by the Administration.
4
No Certificate shall be issued to a ship which is entitled to fly the flag of a State which is not a Party.
Regulation 4. Validity of an International Anti-fouling System Certificate
1
A Certificate issued under regulation 2 or 3 shall cease to be valid in either of the following cases:
- a)
if the anti-fouling system is changed or replaced and the Certificate is not endorsed in accordance with this Convention; and
- b)
upon transfer of the ship to the flag of another State. A new Certificate shall only be issued when the Party issuing the new Certificate is fully satisfied that the ship is in compliance with this Convention. In the case of a transfer between Parties, if requested within three months after the transfer has taken place, the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration, a copy of the Certificates carried by the ship before the transfer and, if available, a copy of the relevant survey reports.
2
The issue by a Party of a new Certificate to a ship transferred from another Party may be based on a new survey or on a valid Certificate issued by the previous Party whose flag the ship was entitled to fly.
Regulation 5. Declaration on Anti-fouling System
1
The Administration shall require a ship of 24 meters or more in length, but less than 400 gross tonnage engaged in international voyages and to which article 3(1)(a) applies (excluding fixed or floating platforms, FSUs, and FPSOs) to carry a Declaration signed by the owner or owner's authorized agent. Such Declaration shall be accompanied by appropriate documentation (such as a paint receipt or a contractor invoice) or contain appropriate endorsement.
2
The Declaration shall be drawn up in the form corresponding to the model given in Appendix 2 to this Annex and shall be written at least in English, French, or Spanish. If an official language of the State whose flag the ship is entitled to fly is also used, this shall prevail in the case of a dispute or discrepancy.
Appendix 1. Model form of international anti-fouling system certificate
to Annex 4
INTERNATIONAL ANTI-FOULING SYSTEM CERTIFICATE | ||
(This certificate shall be supplemented by a Record of Anti-fouling Systems) | ||
(Official seal) | (State) | |
Issued under the | ||
International Convention on the Control of Harmful Anti-Fouling Systems on Ships
under the authority of the Government of |
… |
(name of the State) |
by |
… |
(person or organization authorized) |
When a Certificate has been previously issued, this Certificate replaces the certificate dated …
Particulars of ship1)
Name of the ship …
Distinctive number or letters …
Port of registry …
Gross tonnage …
IMO number2) …
An anti-fouling system controlled under Annex 1 containing:
Has not been applied during or after construction of this ship | Has been applied on this ship previously, but has been removed by | Has been applied on this ship previously, but has been covered with a sealer coat applied by | Has been applied on this ship previously, but is not in the external coating layer of the hull or external parts or surfaces on | Was applied on this ship prior to | |
|---|---|---|---|---|---|
Organotin compounds which act as biocides | □ | … (insert name of the facility) on … (dd/mm/yyyy) □ | … (insert name of the facility) on … (dd/mm/yyyy) □ | Not applicable | Not applicable |
Cybutryne | □ | … (insert name of the facility) on … (dd/mm/yyyy) □ | … (insert name of the facility) on … (dd/mm/yyyy) □ | 1 January 2023 □ | 1 January 2023, but must be removed or covered with a sealer coat prior to … (dd/mm/yyyy) □ |
THIS IS TO CERTIFY THAT:
- 1.
the ship has been surveyed in accordance with regulation 1 of Annex 4 to the Convention; and
- 2.
the survey shows that the anti-fouling system on the ship complies with the applicable requirements of Annex 1 to the Convention.
Issued at …
(Place of issue of Certificate) |
(Date of issue) (Signature of authorized official issuing the Certificate) |
Date of completion of the survey
on which this certificate is issued: …
MODEL FORM OF RECORD OF ANTI-FOULING SYSTEMS
RECORD OF ANTI-FOULING SYSTEMS
This Record shall be permanently attached to the International Anti-Fouling System Certificate
Particulars of ship
Name of ship: …
Distinctive number or letters: …
IMO number: …
Details of anti-fouling system(s) applied
Type(s) of anti-fouling system(s) used …
Date(s) of application of anti-fouling system(s) …
Name(s) of company(ies) and facility(ies)/location(s) where applied …
Name(s) of anti-fouling system manufacturer(s) …
Name(s) and colour(s) of anti-fouling system(s) …
Active ingredient(s) and their Chemical Abstract Services Registry Number(s) (CAS number(s)) …
Type(s) of sealer coat, if applicable …
Name(s) and colour(s) of sealer coat applied, if applicable …
Date of application of sealer coat …
THIS IS TO CERTIFY that this Record is correct in alle respects.
Issued at …
(Place of issue of Record)
…
(Date of issue) | (Signature of authorized official issuing the record) |
Endorsement of the Records5)
THIS IS TO CERTIFY that a survey required in accordance with regulation 1(1)(b) of Annex 4 to the Convention found that the ship was in compliance with the Convention
Details of anti-fouling system(s) applied
Type(s) of anti-fouling system(s) used …
Date(s) of application of anti-fouling system(s) …
Name(s) of company(ies) and facility(ies) location(s) where applied …
Name(s) of anti-fouling system(s) manufacturer(s) …
Name(s) and colour(s) of anti-fouling system(s) …
Active ingredient(s) and their Chemical Abstract Services Registry Number(s) (CAS number(s)) …
Type(s) of sealer coat, if applicable …
Name(s) and colour(s) of sealer coat applied, if applicable …
Date of application of sealer coat …
Signed: …
(Signature of authorized official issuing the Record)
Place: …
Date6): …
(Seal or stamp of the authority)
Appendix 2. Model form of declaration on anti-fouling system
to Annex 4
DECLARATION ON ANTI-FOULING SYSTEM
Drawn up under the
International Convention on the Control of Harmful Anti-Fouling Systems on Ships |
Name of ship …
Distinctive number or letters …
Port of registry …
Length …
Gross tonnage …
IMO number (if applicable) …
I declare that the anti-fouling system used on this ship complies with Annex 1 of the Convention.
…
(Date)…(Signature of owner or owner's authorized agent)
Endorsement of anti-fouling system(s) applied
Type(s) of anti-fouling system(s) used and date(s) of application …
(Date)…(Signature of owner or owner's authorized agent)
Type(s) of anti-fouling system(s) used and date(s) of application …
(Date)…(Signature of owner or owner's authorized agent)
Type(s) of anti-fouling system(s) used and date(s) of application …
(Date)…(Signature of owner or owner's authorized agent)
Voetnoten
Guidelines to be developed.
Refer to the guidelines adopted by the Organization by resolution A.739(18), as may be amended by the Organization, and the specifications adopted by the Organization by resolution A.789(19), as may be amended by the Organization.
Alternatively, the particulars of the ship may be placed horizontally in boxes.
In accordance with the IMO Ship Identification Number Scheme adopted by the Organization with Assembly resolution A.600(15).
This page of the Record shall be reproduced and added to the Record as considered necessary by the Administration.
Date of completion of the survey on which this endorsement is made.