Regulations for the prevention of pollution by noxious liquid substances in bulk
Regulation 1 Definitions For the purposes of this Annex:
1 Anniversary date means the day and 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 strainers 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 therefrom 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 to the carriage of 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 Chemical Code Bulk Chemical Code (Código de graneleros químicos) 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 (Código Internacional de Quimiqueros) 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 the amendments in question 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 feasible 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 the Procedures and Arrangements Manual conforming to the model given in appendix IV to this Annex.
9 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, and thence successively to latitude 9°10'S, longitude 143°52'E, latitude 9°00'S, longitude 144°30'E, latitude 10°41'S, longitude 145°00'E, latitude 13°00'S, longitude 145°00'E, latitude 15°00'S, longitude 146°00'E, latitude 17°30'S, longitude 147°00'E, latitude 21°00'S, longitude 152°55'E, latitude 24°30'S, longitude 154°00'E, and finally, from this position 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 (Código Internacional de quimiqueros) 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 (mezcla de residuos y agua) 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 (buque construido) 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 alteration 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 certificated under the Chemical Code (Código de graneleros químicos) to carry only those products identified by that Code as substances posing pollution hazards only.
14.2 At a similar stage of construction means the stage at which:
.1 construction identifiable with a specific ship begins; .2 assembly of that ship has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is less.
15 Solidifying substances (Sustancias que están a punto de solidificarse) and non-solidifying substances (sustancias que no están a punto de solidificarse) 15.1 Solidifying substance (sustancia que está a punto de solidificarse) means a noxious liquid substance which:
.1 in the case of substances with a melting point of less than 15°C, is at a temperature of less than 5°C above its melting point at the time of unloading; or .2 in the case of substances with a melting point of equal to or greater than 15°C, is at a temperature of less than 10°C above its melting point at the time of unloading.
15.2 Non-solidifying substance (sustancia que no está a punto de solidificarse) means a noxious liquid substance which is not a solidifying substance (sustancia que está a punto de solidificarse).
16 Tankers 16.1 Chemical tanker (buque tanque quimiquero): a ship constructed or adapted for the carriage in bulk of any liquid product listed in chapter 17 of the International Bulk Chemical Code (Código internacional de quimiqueros); 16.2 Noxious liquid substance tanker (buque tanque para el transporte de sustancias nocivas líquidas): a ship constructed or adapted for the carriage of noxious liquid substances in bulk; this term includes "oil tankers" as defined in Annex I of the present Convention when carrying a cargo or part cargo of noxious liquid substances in bulk.
17 Viscosity 17.1 High-viscosity substance (sustancia de alta viscosidad) means, in the case of Category X or Y substances, a noxious liquid substance with a viscosity equal to or greater than 50 mPa s at the unloading temperature.
17.2 Low-viscosity substance (sustancia de baja viscosidad) means a noxious liquid substance which is not a high-viscosity substance (sustancia de alta viscosidad).
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 taking into account the guidelines developed by the Organization.
20 Implementation Code (Código para la implantación) means the IMO Instruments Implementation Code (III Code) adopted by the Organization by resolution A.1070(28).
21 Audit Standard means the Implementation Code (Código para la implantación).
22 Electronic record book (libro registro electrónico) means a device or system, approved by the Administration, used to electronically record the entries of discharges, transfers and other operations required under this Annex, in place of a hard copy record book.
23 Persistent floater (flotante persistente) means a slick-forming substance with the following properties:
Density: ? seawater /1 025 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.
Regulation 2 Application 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 a noxious liquid substance tanker (buque tanque para el transporte de sustancias nocivas líquidas), the appropriate requirements of that Annex I shall also apply.
Regulation 3 Exceptions 1 The requirements of this Annex and chapter 2 of part II-A of the Polar Code regarding discharge shall not apply to the discharge into the sea of noxious liquid substances or mixtures containing such substances when such 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:
.2.1 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 .2.2 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.
Regulation 4 Exemptions 1 For the purposes of amendments to the carriage requirements due to the upgrading of the categorization of a substance, the following shall apply:
.1 where an amendment to this Annex, the International Bulk Chemical Code (Código internacional de quimiqueros) and the Bulk Chemical Code (Código de graneleros químicos) involves changes to the structure or equipment and fittings due to upgraded carriage requirements for certain substances, the Administration may modify or postpone the application of such an amendment for a specified period to ships constructed before the date of entry into force of that amendment, if immediate application is considered to be unreasonable or impracticable. Such exemption shall be determined with respect to the substance concerned; .2 the Administration allowing an exemption under this paragraph shall submit a report to the Organization on the details of the ship or ships concerned, the cargoes carried and the trade in which each ship is engaged, together with the reasons for such exemption, for circulation to the Parties to the Convention so that they may take such action as they deem appropriate, and shall endorse the exemption on the certificate referred to in regulations 7 and 9 of this Annex; .3 notwithstanding the above, the Administration may exempt ships certified to carry individually identified vegetable oils identified by the relevant footnote in chapter 17 of the IBC Code (Código CIQ) from the carriage requirements specified in regulation 11, provided the ship complies with the following conditions:
.3.1 subject to this regulation, the noxious liquid substance tanker (buque tanque para el transporte de sustancias nocivas líquidas) shall meet all requirements for ship type 3, as identified in the IBC Code (Código CIQ), except for cargo tank location; .3.2 under this regulation, cargo tanks shall be located in accordance with the following distances inboard from the shell. Cargo tanks shall be protected along their entire length by ballast tanks or spaces other than tanks for the carriage of oil, as follows:
.3.2.1 wing tanks or spaces shall be arranged such that cargo tanks are located not less than 760 mm from the moulded line of the side shell plating; and .3.2.2 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 (m) or 2.0 m at the centreline, whichever is less. The minimum distance shall be 1.0 m; .3.3 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 solely 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 ships constructed before 1 July 1986, provided that:
.1 each time a tank containing Category X, Y or Z substances or mixtures containing such substances is to be washed or ballasted, it shall be washed in accordance with a prewash procedure approved by the Administration in compliance with appendix VI of this Annex, and the tank washings shall be discharged to a reception facility; .2 subsequent washings or ballast water shall be discharged to a reception facility or to the sea in accordance with other provisions of this Annex; .3 the adequacy of the reception facilities at the ports or terminals referred to above is approved for the purposes of this paragraph by the Governments of the States Parties to the present Convention within whose territories 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 shall communicate details of the exemption to the Organization, for circulation to the Parties to the Convention, for their information and appropriate action, if any; and .5 the certificate required under this Annex shall be endorsed to the effect that the ship is solely employed 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 grant an 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 washing operations carried out before the ship undergoes repairs 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:
.3.1 indicates that each cargo tank is certified for the carriage of only one named substance or a limited number of named compatible substances that can be alternated without need for intermediate cleaning of the tanks for carriage thereof; .3.2 includes the details 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 shall communicate details of the exemption to the Organization, for circulation to the Parties to the Convention, for their information and appropriate action, if any.
Regulation 5 Equivalents 1 The Administration may allow any fitting, material, appliance or apparatus to be fitted in a ship in substitution for 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 the regulations in this Annex.
2 The Administration which allows a fitting, material, appliance or apparatus in substitution for that required by this Annex, under paragraph 1 of this regulation, shall communicate to the Organization the particulars thereof for circulation to the Parties to the Convention, for their information and appropriate action, if any.
3 Without prejudice to 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 appropriate Gas Carrier Code shall be deemed equivalent to the construction and equipment requirements contained in regulations 11 and 12 of this Annex, provided that the gas carrier meets all of the following conditions:
.1 holds a Certificate of Fitness in accordance with the appropriate Gas Carrier Code for ships certified to carry liquefied gases in bulk; .2 holds an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk, in which it is specified that the gas carrier may carry only those noxious liquid substances identified and listed in the appropriate Gas Carrier Code; .3 is provided with segregated ballast arrangements; .4 is provided with pumping and piping arrangements which, to the satisfaction of the Administration, ensure that the quantity of cargo residue remaining in each tank and its associated piping after unloading does not exceed the quantity of residue as stipulated in paragraphs 1, 2, or 3 of regulation 12; and .5 is provided with a manual, approved by the Administration, ensuring that there shall be no operational mixing of cargo residue and water and that no cargo residue will remain in the tank after following the ventilation procedures prescribed in the Manual.
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 (Código internacional de quimiqueros) 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 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 or 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 this Annex.
2 Guidelines for use in the categorization of noxious liquid substances are given in appendix I to this Annex.
3 Where it is proposed to carry a liquid substance in bulk which has not been categorized under paragraph 1 of this regulation, the Governments of Parties to the Convention involved in the proposed operation shall establish and agree on a provisional assessment for the proposed operation based on the guidelines referred to in paragraph 2 of this regulation. Until full agreement among the Governments involved has been reached, the substance shall not be carried. As soon as possible, and not later than 30 days after the agreement has been reached, the Government of the producing or shipping country, initiating the agreement, shall notify the Organization and provide details of the substance and its provisional assessment for annual circulation to all Parties. The Organization shall maintain a register of all such substances and their provisional assessment until such time as the substances are formally included in the IBC Code (Código CIQ).
Regulation 7 Survey and certification of chemical tankers Notwithstanding the provisions of regulations 8, 9 and 10 of this Annex, chemical tankers (buques tanque quimiqueros) which have been surveyed and certificated by States Parties in accordance with the provisions of the International Bulk Chemical Code (Código internacional de quimiqueros) or the Bulk Chemical Code (Código de graneleros químicos), as appropriate, shall be deemed to have complied with the provisions of the said regulations, and the certificate issued under that Code shall have the same force and receive the same recognition as the certificate issued under regulation 9 of this Annex.
Regulation 8 Surveys 1 Ships carrying noxious liquid substances in bulk shall be subject to the surveys specified below:
1 An initial survey before the ship is put into service or before the certificate required under regulation 9 of this Annex is issued for the first time, which shall include a complete examination 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 five years, except where paragraphs 2, 5, 6 or 7 of regulation 10 of this Annex are 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 three months before or after the second anniversary date or within three 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 three 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 Surveys of ships, as regards the enforcement of the provisions of this Annex, shall be carried out by officers of the Administration. The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it.
2.2 Such organizations, including classification societies, shall be authorized by the Administration in accordance with the provisions of the present Convention and with the Code for Recognized Organizations (RO Code) (Código OR), consisting of part 1 and part 2 (the provisions of which shall be treated as mandatory) and part 3 (the provisions of which shall be treated as recommendatory), adopted by the Organization by resolution MEPC.237(65), as may be amended by the Organization, provided that:
1 amendments to part 1 and part 2 of the RO Code (Código OR) 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 (Código OR) 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 An Administration nominating surveyors or recognizing organizations to conduct surveys as stipulated in paragraph 2.1 of this regulation shall, as a minimum, empower any nominated surveyor or recognized organization to:
.1 require repairs to a ship; and .2 carry out surveys if requested by the appropriate authorities of a port State.
2.4 The Administration shall notify the Organization of the specific responsibilities assigned to the nominated inspectors or recognized organizations, and the conditions under which authority has been delegated to them, for communication to the Parties to the present Convention so that their officials are informed thereof.
2.5 Whenever a nominated inspector or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate, or is such that the ship is not fit to proceed to sea without presenting an unacceptable risk to the marine environment due to the damage it may cause, the inspector or organization shall ensure that corrective measures are taken immediately and shall in due course notify the Administration accordingly. If such corrective measures are not taken, the certificate shall be withdrawn and this shall be notified immediately to the Administration; and if the ship is in a port of another Party, the competent authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated inspector or a recognized organization has informed the competent authorities of the port State with the appropriate notification, the Government of that State shall give such officer, inspector or organization any necessary assistance to carry out the obligations imposed by this regulation.
When applicable, the Government of the port State concerned shall take such steps as will ensure that the ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the nearest appropriate repair yard available, without presenting an unacceptable risk to the marine environment due to the damage it might cause.
2.6 In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the inspection and shall undertake to ensure that the necessary arrangements are made to satisfy this obligation.
3.1 The condition of the ship and its equipment shall be maintained so as to conform with the provisions of the present Convention, in order to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unacceptable risk to the marine environment due to the damage it might cause.
3.2 After any inspection of the ship required under the provisions of paragraph 1 of this regulation has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material subject to inspection, without the prior authorization of the Administration, except for the direct replacement of such equipment or fittings.
3.3 Whenever a ship is involved in an accident or a defect is discovered on board which substantially affects the integrity of the ship or the efficiency or completeness of the equipment covered by this annex, the master or owner of the ship shall report at the earliest opportunity to the Administration, the recognized organization or the nominated inspector responsible for issuing the relevant certificate, who shall cause investigations to be initiated to determine whether an inspection as required by paragraph 1 of this regulation is necessary. If the ship is in a port governed by another Party, the master or owner shall also report immediately to the competent authorities of the port State and the nominated inspector or recognized organization shall verify that such report has been made.
Regulation 9 Issue or endorsement of the certificate 1 Every ship intended to carry noxious liquid substances in bulk and engaged in voyages to ports or terminals subject to the jurisdiction of other Parties to the Convention shall be issued, after an initial or renewal inspection carried out in accordance with the provisions of regulation 8 of this annex, an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.
2 The certificate shall be issued or endorsed by the Administration or by any person or organization duly authorized by it. In every case, the Administration assumes full responsibility for the certificate.
3.1 The Government of a Party to the Convention may, at the request of the Administration, cause a ship to be inspected and, if satisfied that the provisions of this annex are complied with, shall issue or authorize the issue of an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk to that ship and, where applicable, endorse or authorize the endorsement of that certificate for the ship, in accordance with this annex.
3.2 A copy of the certificate and a copy of the inspection report shall be transmitted as soon as possible to the Administration that requested the inspection.
3.3 A certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration, and such a certificate shall have the same force and receive the same recognition as a certificate issued under paragraph 1 of this regulation.
3.4 No International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be issued to any ship entitled to fly the flag of a State that is not a Party to the Convention.
4 The International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be drawn up in the form corresponding to the model given in appendix III of this annex and shall be at least in Spanish, French or English. If entries are also used in an official language of the State whose flag the ship is entitled to fly, the text in that language shall prevail in case of any dispute or discrepancy.
Regulation 90 Duration and validity of the certificate 1 An International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be issued for a period specified by the Administration, which shall not exceed five years.
2.1 Notwithstanding the provisions of paragraph 1 of this regulation, when the renewal inspection is completed within three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal inspection to a date not exceeding five years from the date of expiry of the existing certificate.
2.2 When the renewal inspection is completed after the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal inspection to a date not exceeding five years from the date of expiry of the existing certificate.
2.3 When the renewal inspection is completed more than three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal inspection to a date not exceeding five years from that date.
3 If a certificate is issued for a period of less than five years, the Administration may extend the validity of the certificate beyond the expiry date to the maximum period specified in paragraph 1 of this regulation, provided that the inspections referred to in paragraphs 1.3 and 1.4 of regulation 8 of this annex, applicable when a certificate is issued for a period of five years, have been carried out as appropriate.
4 If a renewal inspection has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the person or organization authorized by the Administration may endorse the existing certificate and such certificate shall be accepted as valid for a further period not exceeding five months from the expiry date.
5 If at the expiry date of the certificate a ship is not in the port in which it is to be inspected, the Administration may extend the validity of the certificate, but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be inspected, and then only in cases where it appears proper and reasonable to do so. No certificate shall be extended for a period longer than three months, and a ship to which such extension is granted shall not, by virtue of such extension, be entitled upon arrival at the port in which it is to be inspected to leave that port without having obtained a new certificate. Upon completion of the renewal inspection, the new certificate shall be valid for a period not exceeding five years from the date of expiry of the existing certificate before the extension was granted.
6 A certificate issued to a ship engaged on short voyages that has not been extended under the foregoing provisions of this regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated therein. Upon completion of the renewal inspection, the new certificate shall be valid for a period not exceeding five years from the date of expiry of the existing certificate before the extension was granted.
7 In special circumstances, as determined by the Administration, contrary to the requirements of paragraphs 2.2, 5 or 6 of this regulation, it shall not be necessary for the new certificate to be valid from the date of expiry of the existing certificate. In these special circumstances, the new certificate shall be valid for a period not exceeding five years from the date of completion of the renewal inspection.
8 If an annual or an intermediate inspection is carried out before the period specified in regulation 8 of this annex:
.1 the annual expiry date shown on the certificate shall be amended by endorsement to a date which shall not be more than three months later than the date the inspection was completed; .2 the subsequent annual or intermediate inspection required by regulation 8 of this annex shall be carried out at the intervals specified in that regulation using the new annual expiry date; .3 the expiry date may remain unchanged provided that one or more annual or intermediate inspections, as the case may be, are carried out so that the maximum intervals between the inspections prescribed in regulation 8 of this annex are not exceeded.
9 Any certificate issued under the provisions of regulation 9 of this annex shall cease to be valid in any of the following cases:
.1 if the relevant inspections are not completed within the intervals specified in regulation 8.1 of this annex; .2 if the certificate is not endorsed in accordance with the provisions of paragraphs 1.3 or 1.4 of regulation 8 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 has fully ascertained that the ship is in compliance with the provisions of paragraphs 3.1 and 3.2 of regulation 8 of this annex. In the case of a transfer between Parties, the Government of the Party whose flag the ship was previously entitled to fly shall, upon request of the Administration made within three months after the transfer, transmit as soon as possible copies of the certificate carried by the ship before the transfer and, if available, copies of the relevant inspection reports.
Regulation 11 Design, construction, equipment and operations 1 The design, construction, equipment and operations of ships authorized to carry the noxious liquid substances in bulk listed in chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk shall comply with the following provisions, in order to minimize uncontrolled discharges of such substances into the sea:
1 the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, if the chemical tanker is constructed on or after 1 July 1986; or .2 the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, as referred to in paragraph 1.7.2 of that Code, for:
2.1 ships for which the building contract is placed on or after 2 November 1973 but which are constructed before 1 July 1986, and which are engaged in voyages to ports or terminals subject to the jurisdiction of other States Parties to the Convention; and 2.2 ships constructed on or after 1 July 1983 but before 1 July 1986, which are engaged solely in voyages between ports or terminals within the State whose flag the ship is entitled to fly.
.3 The Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, as referred to in paragraph 1.7.3 of that Code, for:
3.1 ships for which the building contract is placed before 2 November 1973 and which are engaged in voyages to ports or terminals subject to the jurisdiction of other States Parties to the Convention; and 3.2 ships constructed before 1 July 1983 which are engaged solely in voyages between ports or terminals within the waters of the State whose flag the ship is entitled to fly.
2 In respect of ships other than chemical tankers or liquefied gas carriers authorized to carry the noxious liquid substances in bulk listed in chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, the Administration shall establish appropriate measures based on the Guidelines developed by the Organization, in order to ensure that the provisions applied minimize uncontrolled discharges of such substances into the sea.
Regulation 12 Pumping, piping and discharge arrangements, and slop tanks 1 Every ship constructed before 1 July 1986 shall be provided with a pumping and piping arrangement that ensures that any tank designated for the carriage of category X or Y substances retains in it and in its associated piping a quantity of residue not exceeding 300 ?, and that any tank designated for the carriage of category Z substances retains in it and in its associated piping a quantity of residue not exceeding 900 . A performance test shall be carried out in accordance with the provisions of appendix V of this annex.
2 Every ship constructed on or after 1 July 1986 but before 1 January 2007 shall be provided with a pumping and piping arrangement that ensures that any tank designated for the carriage of category X or Y substances retains in it and in its associated piping a quantity of residue not exceeding 100 , and that any tank designated for the carriage of category Z substances retains in it and in its associated piping a quantity of residue not exceeding 300 . A performance test shall be carried out in accordance with the provisions of appendix V of this annex.
3 Every ship constructed on or after 1 January 2007 shall be provided with a pumping and piping arrangement that ensures that any tank designated for the carriage of category X, Y or Z substances retains in it and in its associated piping a quantity of residue not exceeding 75 t?. A performance test shall be carried out in accordance with the provisions of appendix V of this annex.
4 No requirements regarding quantities shall apply to ships other than chemical tankers constructed before 1 January 2007 that cannot meet the provisions of paragraphs 1 and 2 of this regulation for pumping and piping arrangements for category Z substances. Compliance shall be deemed achieved if the tank is emptied in the best possible manner.
5 The pumping performance tests referred to in paragraphs 1, 2 and 3 of this regulation shall be approved by the Administration. The pumping performance tests shall use water as the test medium.
6 Ships authorized to carry category X, Y or Z substances shall be provided with one or more underwater discharge outlets.
7 For ships constructed before 1 January 2007 and authorized to carry category Z substances, the underwater discharge outlet prescribed in paragraph 6 of this regulation is not mandatory.
8 The underwater discharge outlet or outlets shall be located within the cargo area in the vicinity of the turn of the bilge and shall be arranged in such a manner as to avoid re-intake of residue/water mixtures through the ship's sea inlets.
9 The arrangement of the underwater discharge outlet shall be such that the residue/water mixture discharged into the sea will not pass through the ship's boundary layer. For this purpose, when the direction of discharge is perpendicular to the ship's shell plating, the minimum diameter of the discharge outlet shall be determined by the following equation:
where:
d = minimum diameter of the discharge outlet (m); Ld = distance from the forward perpendicular to the discharge outlet (m); Qd = maximum selected rate at which the ship may discharge a residue/water mixture through that outlet (m³/h).
10 When the direction of discharge is not perpendicular to the ship's shell plating, the above relationship shall be modified by substituting Qd with the component of Qd perpendicular to the ship's shell plating.
11 Slop tanks Although the installation of dedicated slop tanks is not prescribed in this annex, they may be necessary for certain washing procedures. Cargo tanks may be used as slop tanks.
Regulation 13 Control of discharges of residues of noxious liquid substances Subject to the provisions of regulation 3 of this annex, the control of discharges of residues of noxious liquid substances, as well as of ballast water and tank washings or other mixtures containing such substances, shall comply with the following requirements.
1 Discharge provisions