Regulations for the prevention of pollution by harmful substances carried by sea in packaged form
Regulation 1 Definitions For the purposes of this annex:
1 "Harmful substances" are those considered as marine pollutants in the International Maritime Dangerous Goods Code (IMDG Code) or which meet the criteria specified in the appendix of this annex.
2 "Packaged form" is defined as the forms of containment specified in the IMDG Code for harmful substances.
3 "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.
4 "Audit Scheme" means the IMO Member State Audit Scheme established by the Organization taking into account the guidelines developed by the Organization.
5 "Implementation Code" means the Code for the implementation of IMO instruments (III Code), adopted by the Organization by resolution A.1070(28).
6 "Audit Standard" means the Implementation Code.
Regulation 2 Application 1 Unless expressly provided otherwise, the regulations of this annex apply to all ships carrying harmful substances in packaged form.
2 The carriage of harmful substances is prohibited unless it is carried out in accordance with the provisions of this annex.
3 To supplement the provisions of this annex, the Government of each Party to the Convention shall issue or cause to be issued detailed requirements on packing, marking, labelling, documentation, stowage, quantity limitations and exceptions, for the purpose of preventing or minimizing pollution of the marine environment caused by harmful substances.
4 For the purposes of this annex, empty packagings which have been used previously for the carriage of harmful substances shall be considered as harmful substances unless adequate precautions have been taken to ensure that they contain no residue harmful to the marine environment.
5 The requirements of this annex do not apply to ship's stores and equipment.
Regulation 3 Packing Packages shall be of a type suitable to ensure that, having regard to their specific contents, the risk of damage to the marine environment is minimized.
Regulation 4 Marking and labelling 1 Packages containing a harmful substance shall be marked or labelled durably to indicate that the substance is a harmful substance in accordance with the relevant provisions of the IMDG Code.
2 The method of affixing marks or labels on packages containing a harmful substance shall be in accordance with the relevant provisions of the IMDG Code.
Regulation 5 Documentation 1 Information relating to the carriage of harmful substances shall be in accordance with the relevant provisions of the IMDG Code, and shall be made available to the person or organization designated by the port State authority.
2 Each ship carrying harmful substances shall have a special list, a manifest or a stowage plan indicating, in accordance with the relevant provisions of the IMDG Code, the harmful substances on board and their location on board. A copy of one of these documents shall be provided, before departure, to the person or organization designated by the authority of the port State.
Regulation 6 Stowage Harmful substances shall be properly stowed and secured, so that the risk of damage to the marine environment is minimized, without impairing the safety of the ship and of persons on board.
Regulation 7 Quantity limitations For sound scientific and technical reasons, it may be necessary to prohibit the carriage of certain harmful substances or to limit the quantity allowed to be carried on a single ship. In establishing such quantity limitations, due consideration shall be given to the size, construction and equipment of the ship, as well as the packing and the intrinsic properties of the substance in question.
Regulation 8 Exceptions 1 Jettisoning of harmful substances carried in packaged form shall be prohibited, unless it is necessary for the purpose of securing the safety of the ship or saving life at sea.
2 Subject to the provisions of the present Convention, appropriate measures shall be taken, based on the physical, chemical and biological properties of harmful substances, to regulate the washing of leakages overboard, on condition that compliance with such measures does not impair the safety of the ship and of persons on board.
Regulation 9 Port State control on operational requirements 1 A ship which is in a port or offshore terminal of another Party is subject to inspection by duly authorized officers of that Party concerning operational requirements under this annex.
2 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 harmful substances, the Party shall take such measures, including a detailed inspection, and, if necessary, shall ensure that the ship does not sail until the situation has been resolved in accordance with the requirements of this annex.
3 Procedures relating to port State control prescribed in Article 5 of the present Convention shall apply to this regulation.
4 Nothing in this regulation shall be construed to restrict the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.
THIS ANNEX Regulation 10 Application Parties shall use the provisions of the Implementation Code in the exercise of the obligations and responsibilities contained in this annex.
Regulation 11 Verification of compliance 1 Each Party shall be subject to periodic audits by the Organization in accordance with the audit standard to verify compliance with and implementation of this annex.
2 The Secretary-General of the Organization shall be responsible for administering the Audit Scheme, based on the guidelines developed by the Organization.
3 Each Party shall be responsible for facilitating the conduct of audits and the implementation of a programme of actions to address the findings, based on the guidelines developed by the Organization.
4 The audit of all Parties:
.1 shall be based on an overall schedule established by the Secretary-General of the Organization, taking into account the guidelines developed by the Organization; and .2 shall be conducted at regular intervals, taking into account the guidelines developed by the Organization.
APPENDIX TO ANNEX III Criteria for the identification of harmful substances in packaged form For the purposes of this annex, harmful substances are those substances, other than radioactive materials, which are subject to any of the following criteria.
(a) Acute (short-term) aquatic hazard (b) Long-term aquatic hazard (i) Substances that are not rapidly degradable for which there are adequate chronic toxicity data available (ii) Substances that are rapidly degradable for which there are adequate chronic toxicity data available (iii) Substances for which there are no adequate chronic toxicity data available Additional guidance on the classification process for substances and mixtures can be found in the IMDG Code.