FIRST SCHEDULE
Regulation 2
Annex II — of the Convention

REGULATIONS FOR THE CONTROL OF POLLUTION BY
NOXIOUS LIQUID SUBSTANCES IN BULK

REGULATION 1

DEFINITIONS

For the purposes of this Annex:
(1)  “Chemical tanker” means a ship constructed or adapted primarily 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 carrying a cargo or part cargo of noxious liquid substances in bulk.
(2)  “Clean ballast” means ballast carried in a tank which, since it was last used to carry a cargo containing a substance in Category A, B, C or D 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.
(3)  “Segregated ballast” means ballast water introduced into a tank permanently allocated to the carriage of ballast or 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)  “Nearest land” is as defined in Regulation 1(9) of Annex I of the present Convention.
(5)  “Liquid substances” are those having a vapour pressure not exceeding 2.8 kp/cm2 at a temperature of 37.8°C.
(6)  “Noxious liquid substance” means any substance referred to in Appendix II to this Annex or provisionally assessed under the provisions of Regulation 3(4) as falling into Category A, B, C or D.
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(7)  “Special area” means a sea area where for recognised technical reasons in relation to its oceanographic and ecological condition and to its peculiar transportation traffic the adoption of special mandatory methods for the prevention of sea pollution by noxious liquid substances is required.
Special areas shall be:
(a)The Baltic Sea Area,
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(b)The Black Sea Area, and
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(c)The Antarctic Area.
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(8)  “Baltic Sea Area” is as defined in Regulation 10(1)(b) of Annex I of the present Convention.
(9)  “Black Sea Area” is as defined in Regulation 10(1)(c) of Annex I of the present Convention.
(9A)  “Antarctic Area” means the sea area south of latitude 60°S.
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(10)  “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 Organisation by resolution MEPC 19 (22), as may be amended by the Organisation, 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.
(11)  “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 Organisation by resolution MEPC 20(22), as may be amended by the Organisation, 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.
1(12)  “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:
(a)the ship is constructed before 1st July 1986; and
(b)the ship is certified under the Bulk Chemical Code to carry only those products identified by the Code as substances with pollution hazards only.
1  See Unified interpretation.
(13)  “Similar stage of construction” means the stage at which:
(a)construction identifiable with a specific ship begins; and
(b)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.
(14)  “Organisation” means the International Maritime Organisation.
REgulation 2

Application

(1)  Unless expressly provided otherwise the provisions of this Annex shall apply to all ships carrying 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 chemical tanker, the appropriate requirements of Annex I of the present Convention shall also apply.
(3)  Regulation 13 of this Annex shall apply only to ships carrying substances which are categorised for discharge control purposes in Category A, B or C.
(4)  For ships constructed before 1st July 1986, the provisions of Regulation 5 of this Annex in respect of the requirement to discharge below the waterline and maximum concentration in the wake astern of the ship shall apply as from 1st January 1988.
2(5)  The Administration may allow any fitting, material, appliance or appartus to be fitted in a ship as an alternative to 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 Regulations in this Annex.
2  See Unified interpretation.
3(6)  The Administration which allows a fitting, material, appliance or apparatus as alternative to that required by this Annex, under paragraph (5), shall communicate of the Organisation for circulation to the Parties to the Convention, paticulars thereof, for their information and appropriate action, if any.
3  See Unified interpretation.
(7)    (a)  Where an amendment to this Annex and the International Bulk Chemical and Bulk Chemical Codes 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, having regard to the guidelines developed by the Organisation.4
4  Reference is made to Guidelines for the application of amendments to the list of substances in Annex II of MARPOL 73/78 and the IBC Code and BCH Code with respect to pollution hazards adopted by the Marine Environment Protection Committee of the Organisation.
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(b)The Administration allowing a relaxation of the application of an amendment under this paragraph shall submit to the Organisation a report giving details of the ship or ships concerned, the cargoes carried, 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.
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Regulation 3

Categorisation and Listing of Noxious Liquid Substances

(1)  For the purpose of the Regulations of this Annex, noxious liquid substances shall be divided into 4 categories as follows:
(a)Category A — Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a major hazard to either marine resources or human health or cause serious harm to amenities or other legitimate uses of the sea and therefore justify the application of stringent anti-pollution measures.
(b)Category B — Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a hazard or either marine resources or human health or cause harm to amenities or other legitimate uses of the sea and therefore justify the application on special anti-pollution measures.
(c)Category C — Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a minor hazard to either marine resources or human health or cause minor harm to amenities or other legitimate uses of the sea and therefore require special operational conditions.
(d)Category D — Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a recognisable hazard or either marine resources or human health or cause minimal harm to amenities or other legitimate uses of the sea and therefore require some attention in operational conditions.
(2)  Guidelines for uses in the categorisation of noxious liquid substances are given in Appendix I to this Annex.
(3)  Noxious liquid substances carried in Bulk which are presently categorised as category A, B, C or D and subject to the provisions to this Annex are referred to in Appendix II to this Annex.
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(4)  Where it is proposed to carry a liquid substance in bulk which has not been categorised under paragraph (1) or evaluated as reffered to in Regulation 4(1) of this Annex, the Government of Parties to the Convention involved in the proposed operation shall establish and agree on a provisional assessment for the proposed operation on the basis of the guidelines refered to in paragraph (2). Until full agreement between the Governments involved has been reached, the substance shall be carried under the most severe conditions proposed. As soon as possible, but not later than 90 days after its first carriage, the Administration concerned shall notify the Organisation and provide details of the substance and the provisional assessment for prompt circulation to all Paties for their information and consideration. The Government of each Party shall have a period of 90 days in which to forward its comments to the Organisation, with a view to the assessment of the substance.
Regulation 4

Other Liquid Substances

(1)  The substances referred to in Appendix III to this Annex have been evaluated and found to fall outside category A, B, C, and D, as defined in regulation 3(1) of this Annex because they are at present considered to present no harm to human health, marine resources, amenities or other legitimate uses of the sea, when discharged into the sea from tank cleaning or deballasting operation.
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(2)  The discharge of bilge or ballast water or other residues or mixtures containing only substances referred to in Appendix III to this Annex shall not be subject to any requirement to this Annex.
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(3)  The discharge into the sea of clean ballast or segregated ballast shall not be subject to any requirement of this Annex.
regulation 5

Discharge of Noxious Liquid Substances

Categories A, B, and C Substances outside Special Areas and Category D Substances in all Areas
Subject to the provisions of paragraph (14) of this regulation and of regulation 6 of this Annex.
(1)  The discharge into the sea of substances in Category A as defined in Regulation 3(1)(a) of this Annex or of those provisionally assessed as such or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substance or mixtures are to washed, the resulting residues shall be discharged to a reception facility until the concentration of the substance in the effluent to such facility is at or below 0.1% by weight and until the tank is empty, with the exception of Phosphorus, yellow or white for which the residual concentration shall be at 0.01% by weight. Any water subsequently added to the tank maybe discharged into the sea when all the following conditions are satisfied:
5(a)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;
5  See Unified interpretation
(b)the discharge is made below the waterline, taking into account the location of the seawater intakes; and
(c)the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.
(2)  The discharge into the sea of substances in Category B as defined in Regulation 3(1)(b) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:
6(a)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;
6  See Unified interpretation
(b)the procedures and arrangements for discharge are approved by the Administration. Such procedures and arrangements shall be based upon standards developed by the Organisation and shall ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship does not exceed 1 part per million;
(c)The maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the maximum quantity approved in accordance with the procedures referred to in sub-paragraph (b), which shall in no case exceed the greater of 1 cubic metre or 1/3,000 of the tank capacity in cubic metres;
(d)the discharge is made below the waterline, taking into account the location of the seawater intakes; and
(e)the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.
(3)  The discharge into the sea of substances in Category C as defined in Regulation 3(1)(c) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:
7(a)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;
7  See Unified interpretation.
(b)the procedures and arrangements for discharge are approved by the Administration. Such procedures and arrangements shall be based upon standards developed by the Organisation and shall ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship does not exceed 10 parts per million;
(c)the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the maximum quantity approved in accordance with the procedures referred to in sub-paragraph (b), which shall in no case exceed the greater of 3 cubic metres or 1/1,000 of the tank capacity in cubic metres;
(d)the discharge is made below the waterline, taking into account the location of the seawater intakes; and
(e)the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.
(4)  The discharge into the sea of substances in Category D as defined in Regulation 3(1)(d) of this Annex, or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:
8(a)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;
8  See Unified interpretation.
(b)such mixtures are of a concentration not greater than one part of the substance in ten parts of water; and
(c)the discharge is made at a distance of not less than 12 nautical miles from the nearest land.
(5)  Ventilation procedures approved by the Administration may be used to remove cargo residues from a tank. Such procedures shall be based upon standards developed by the Organisation. Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to paragraph (1), (2), (3) or (4).
(6)  The discharge into the sea of substances which have not been categorised, provisionally assessed, or evaluated as referred to in Regulation 4(1) of this Annex, or of ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited.
Category A, B and C Substances within Special Areas
Subject to the provisions of paragraph (14) of this regulation and of regulation 6 of this Annex.
(7)  The discharge into the sea of substances in Category A as defined in Regulation 3(1)(a) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixture are to be washed the resulting residues shall be discharged to a reception facility which the States bordering the special area shall provide in accordance with Regulation 7 of this Annex, until the concentration of the substance in the enffluent to such facility is at or below 0.05% by weight and until the tank is empty, with the exception of Phosphorus, yellow or white for which the residual concentration shall be 0.005% by weight. Any water subsequently added to the tank may be discharged into the sea when all the following conditions are satisfied:
9(a)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;
9  See Unified interpretation.
(b)the discharge is made below the waterline, taking into account the location of the seawater intakes; and
(c)the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.
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(8)  The discharge into the sea of substances in Category B as defined in Regulation 3(1)(b) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:
10(a)the tank has been prewashed in accordance with the procedure approved by the Administration and based on standards developed by the Organisation and the resulting tank washings have been discharged to a reception facility;
10  See Unified interpretation.
(b)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;
(c)the procedures and arrangements for discharge and washings are approved by the Administration. Such procedures and arrangements shall be based upon standards developed by the Organisation and shall ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship does not exceed 1 part per million;
(d)the discharge is made below the waterline, taking into account the location of the seawater intakes; and
(e)the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.
(9)  The discharge into the sea of substances in Category C as defined in Regulation 3(1)(c) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:
11(a)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;
11  See Unified interpretation.
(b)the procedures and arrangements for discharge are approved by the Administration. Such procedures and arrangements shall be based upon standards developed by the Organisation and shall ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in the wake astern of the ship does not exceed 1 part per million;
(c)the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the maximum quantity approved in accordance with the procedures referred to in sub-paragraph (b) which shall in no case exceed the greater of 1 cubic metre or 1/3,000 of the tank capacity in cubic metres;
(d)the discharge is made below the waterline, taking into account the location of the seawater intakes; and
(e)the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.
(10)  Ventilation procedures approved by the Administration may be used to remove cargo residues from a tank. Such procedures shall be based upon standards developed by the Organisation. Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to paragraph (7), (8) or (9).
(11)  The discharge into the sea of substances which have not been categorised, provisionally assessed or evaluated as referred to in Regulation 4(1) of this Annex, or of ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited.
(12)  Nothing in this Regulation shall prohibit a ship from retaining on board the residues from a Category B or C cargo and discharging such residues into the sea outside a special area in accordance with paragraph (2) or (3), respectively.
(13)    (a)  The Governments of Parties to the Convention, the coastlines of which border on any given special area, shall collectively agree and establish a date by which time the requirement of Regulation 7(1) of this Annex will be fulfilled and from which the requirements of paragraphs (7), (8), (9) and (10) in respect of that area shall take effect and notify the Organisation of the date so established at least 6 months in advance of that date. The Organisation shall then promptly notify all Parties of that date.
(b)If the date of entry into force of the present Convention is earlier than the date established in accordance with sub-paragraph (a), the requirements of paragraphs (1), (2) and (3) shall apply during the interim period.
(14)  In respect of the Antarctic Area any discharge into the sea of noxious liquid substances or mixtures containing such substances shall be prohibited.
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regulation 5a

Pumping, Piping and Unloading Arrangements

(1)  Every ship constructed on or after 1st July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a Category B substance does not retain a quantity of residue in excess of 0.1 cubic metres in the tank’s associated piping and in the immediate vicinity of that tank’s suction point.
(2)    (a)  Subject to the provisions of sub-paragraph (b) of this paragraph, every ship constructed before 1st July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a Category B substance does not retain a quantity of residue in excess of 0.3 cubic metres in the tank’s associated piping and in the immediate vicinity of that tank’s suction point.
(b)Until 2nd October 1994 ships referred to in sub-paragraph (a) if not in compliance with the requirements of that sub-paragraph shall, as a minimum, be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions and surface residue assessment, that each tank designated for the carriage of a Category B substance does not retain a quantity of residue in excess of 1 cubic metre or 1/3,000 of the tank capacity in cubic metres, whichever is greater, in that tank and the associated piping.
(3)  Every ship constructed on or after 1st July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a Category C substance does not retain a quantity of residue in excess of 0.3 cubic metres in the tank’s associated piping and in the immediate vicinity of that tank’s suction point.
(4)    (a)  Subject to sub-paragraph (b), every ship constructed before 1st July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a Category C substance does not retain a quantity of residue in excess of 0.9 cubic metres in the tank’s associated piping and in the immediate vicinity of that tank’s suction point.
(b)Until 2nd October 1994 the ships referred to in sub-paragraph (a) if not in compliance with the requirements of that sub-paragraph shall as a minimum, be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions and surface residue assessment, that each tank designated for the carriage of a Category C substance does not retain a quantity of residue in excess of 3 cubic metres or 1/1,000 of the tank capacity in cubic metres, whichever is greater, in that tank and the associated piping.
(5)  Pumping conditions referred to in paragraphs (1), (2), (3) and (4) shall be approved by the Administration and based on standards developed by the Organisation. Pumping efficiency tests referred to in paragraphs (1), (2), (3) and (4) shall use water as the test medium and shall be approved by the Administration and based on standards developed by the Organisation. The residues on cargo tank surfaces, referred to in paragraphs (2)(b) and (4) (b) shall be determined based on standards developed by the Organisation.
(6)    (a)  Subject to the provision of sub-paragraph (b), the provisions of paragraphs (2) and (4) need not apply to a ship constructed before 1st July 1986 which is engaged in restricted voyages as determined by the Administration between:
(i)ports or terminals within a State Party to the present Convention; or
(ii)ports or terminals of States Parties to the present Convention.
(b)The provisions of sub-paragraph (a) of this paragraph shall only apply to a ship constructed before 1st July 1986 if:
(i)each time a tank containing Category B or C substances or mixtures is to be washed or ballasted, the tank is washed in accordance with a prewash procedure approved by the Administration and based on Standards developed by the Organisation and the tank washings are discharged to a reception facility;
(ii)subsequent washings or ballast water are discharged to a reception facility or at sea in accordance with other provisions of this Annex;
(iii)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;
12(iv)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 Organisation, for circulation to the Parties to the Convention, particulars of the exemption, for their information and appropriate action, if any; and
12  See Unified Interpretation.
(v)the Certificate required under this Annex is endorsed to the effect that the ship is solely engaged in such restricted voyages.
(7)  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 allow exemption from paragraphs (1), (2), (3) and (4), provided that all the following conditions are complied with:
(a)the design, construction and equipment of the ship are approved by the Administration, having regard to the service for which it is intended;
(b)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;
(c)the Certificate required under this Annex indicates:
(i)that each cargo tank is certified for the carriage of only one named substance; and
(ii)the particulars of the exemption;
(d)the ship carries a suitable operational manual approved by the Administration; and
(e)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 Organisation, for circulation to the Parties to the Convention, particulars of the exemption, for their information and appropriate action, if any.
regulation 6

Exceptions

Regulation 5 of this Annex shall not apply to:
(a)the discharge into the sea of noxious liquid substances or mixtures containing such substances necessary for the purpose of securing the safety of a ship or saving life at sea; or
(b)the discharge into the sea of noxious liquid substances or mixtures containing such substances resulting from damage to a ship or its equipment:
(i)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
(ii)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
(c)the discharge into the sea of noxious liquid substances or mixtures containing such substances, 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 7

Reception Facilities and Cargo Unloading Terminal Arrangements

(1)  The Government of each Party to the Convention undertakes to ensure the provision of reception facilities according to the needs of ships using its ports, terminals or repair ports as follows:
(a)cargo loading and unloading ports and terminals shall have facilities adequate for reception without undue delay to ships of such residues and mixtures containing noxious liquid substances as would remain for disposal from ships carrying them as a consequence of the application of this Annex; and
13(b)ship repair ports undertaking repairs to chemical tankers shall have facilities adequate for the reception of residues and mixtures containing noxious liquid substances.
13  See Unified interpretation.
(2)  The Government of each Party shall determine the types of facilities provided for the purpose of paragraph (1) at each cargo loading and unloading port, terminal and ship repair port in its territories and notify the Organisation thereof.
(3)  The Government of each Party to the Convention shall undertake to ensure that cargo unloading terminals shall provide arrangements to facilitate stripping of cargo tanks of ships unloading noxious liquid substances at these terminals. Cargo hoses and piping systems of the terminal, containing noxious liquid substances received from ships unloading these substances at the terminal, shall not be drained back to the ship.
(4)  Each Party shall notify the Organisation, for transmission to the Parties concerned, of any case where facilities required under paragraph (1) or arrangements required under paragraph (3) are alleged to be inadequate.
regulation 8

Measures of Control

(1)    (a)  The Government of each Party to the Convention shall appoint or authorise surveyors for the purpose of implementing this Regulation. The surveyors shall execute control in accordance with control procedures developed by the Organisation.
(b)The master of a ship carrying noxious liquid substances in bulk shall ensure that the provisions of Regulation 5 and this Regulation have been complied with and that the Cargo Record Book is completed in accordance with Regulation 9 of this Annex whenever operations as referred to in that Regulation take place.
(c)An exemption referred to in paragraph (2)(b), (5)(b), (6)(c) or (7)(c) only be granted by the Government of the receiving Party to a ship engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention. When such an exemption has been granted, the appropriate entry made in the Cargo Record Book shall be endorsed by the surveyor referred to in sub-paragraph (a).
Category A substances in all areas
(2)  With respect to Category A substances the following provisions shall apply in all areas:
(a)A tank which has been unloaded shall, subject to the provisions of sub-paragraph (b), be washed in accordance with the requirements of paragraph (3) or (4) of this Regulation before the ship leaves the port of unloading.
(b)At the request of the ship’s master, the Government of the receiving Party may exempt the ship from the requirements referred to in sub-paragraph (a), where it is satisfied that:
(i)the tank unloaded 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
(ii)the tank unloaded is neither washed nor ballasted at sea and the provisions of paragraph (3) or (4) are complied with 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
(iii)the cargo residues will be removed by a ventilation procedure approved by the Administration and based on standards developed by the Organisation.
(3)  If the tank is to be washed in accordance with sub-paragraph (2)(a), the effluent from the tank washing operation shall be discharged to a reception facility at least until the concentration of the substance in the discharge, as indicated by analyses of samples of the effluent taken by the surveyor, has fallen to the concentration specified in regulation 5(1) or (7), as applicable, of this Annex. When the required concentration 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 under paragraph (1)(a).
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(4)  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 paragraph (3) provided that:
(a)The tank is prewashed in accordance with a procedure approved by the Administration and based on standards developed by the Organisation; and
(b)The surveyor referred to under paragraph (1)(a) certifies in the Cargo Record Book that:
(i)the tank, its pump and piping systems have been emptied; and
(ii)the prewash has been carried out in accordance with the prewash procedure approved by the Administration for that tank and that substance; and
(iii)the tank washings resulting from such prewash have been discharged to a reception facility and the tank is empty.
Category B and C substances outside Special Areas
(5)  With respect to Category B and C substances, the following provisions shall apply outside Special Areas:
(a)A tank which has been unloaded shall, subject to the provisions of sub-paragraph (b), be prewashed before the ship leaves the port of unloading, whenever:
(i)the substance unloaded is identified in the standards developed by the Organisation as resulting in a residue quantity exceeding the maximum quantity which may be discharged into the sea under Regulation 5(2) or (3) of this Annex in case of Category B or C substances respectively; or
(ii)the unloading is not carried out in accordance with the pumping conditions for the tank approved by the Administration and based on standards developed by the Organisation as referred to under Regulation 5A(5) of this Annex, unless alternative measures are taken to the satisfaction of the surveyor referred to in paragraph (1)(a), to remove the cargo residues from the ship to quantities specified in Regulation 5A of this Annex as applicable.
The prewash procedure used shall be approved by the Administration and based on standards developed by the Organisation and the resulting tank washings shall be discharged to a reception facility at the port of unloading.
(b)At the request of the ship’s master, the Government of the receiving party may exempt the ship from the requirements of sub-paragraph (a), where it is satisfied that:
(i)the tank unloaded is to be reloaded with the same substance or another subtance compatible with the previous one and that the tank will not be washed nor ballasted prior to loading; or
(ii)the tank unloaded is neither washed nor ballasted at sea and the tank is prewashed in accordance with a procedure approved by the Administration and based on standards developed by the Organisation and resulting tank washings are discharged to a reception facility at another port, provided that it has been confirmed in writing that a reception facility at that port is available and adequate for such a purpose; or
(iii)the cargo residues will be removed by a ventilation procedure approved by the Administration and based on standards developed by the Organisation.
Category B substances within Special Areas
(6)  With respect to Category B substances, the following provisions shall apply within Special Areas:
(a)A tank which has been unloaded shall, subject to the provisions of sub-paragraph (b) and (c), be prewashed before the ship leaves the port of unloading. The prewash procedure used shall be approved by the Administration and based on standards developed by the Organisation and the resulting tank washings shall be discharged to a reception facility at the port of unloading.
(b)The requirements of sub-paragraph (a) do not apply when all the following conditions are satisfied:
(i)the Category B substance unloaded is identified in the standards developed by the Organisation as resulting in a residue quantity not exceeding the maximum quantity which may be discharged into the sea outside Special Areas under Regulation 5(2) of this Annex, and the residues are retained on board for subsequent discharge into the sea outside the Special Area in compliance with Regulation 5(2) of this Annex; and
(ii)the unloading is carried out in accordance with the pumping conditions for the tank approved by the Administration and based on standards developed by the Organisation as referred to under Regulation 5A(5) of this Annex, or failing to comply with the approved pumping conditions, alternative measures are taken to the satisfaction of the surveyor referred to in paragraph (1)(a), to remove the cargo residues from the ship to quantities specified in Regulation 5A of this Annex as applicable.
(c)At the request of the ship’s master, the Government of the receiving party may exempt the ship from the requirements of sub-paragraph (a), where it is satisfied:
(i)that the tank unloaded 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
(ii)that the tank unloaded is neither washed nor ballasted at sea and the tank is prewashed in accordance with a procedure approved by the Administration and based on standards developed by the Organisation and resulting tank washings are discharged to a reception facility at another port, provided that it has been confirmed in writing that a reception facility at that port is available and adequate for such a purpose; or
(iii)that the cargo residues will be removed by a ventilation procedure approved by the Administration and based on standards developed by the Organisation.
Category C substances within Special Areas
(7)  With respect to Category C substances, the following provisions shall apply within Special Areas:
(a)A tank which has been unloaded shall, subject to the provisions of sub-paragraphs (b) and (c), be prewashed before the ship leaves the port of unloading, whenever:
(i)the Category C substance unloaded is identified in the standards developed by the Organisation as resulting in a residue quantity exceeding the maximum quantity which may be discharged into the sea under Regulation 5(9) of this Annex; or
(ii)the unloading is not carried out in accordance with the pumping conditions for the tank approved by the Administration and based on standards developed by the Organisation as referred to under Regulation 5A(5) of this Annex, unless alternative measures are taken to the satisfaction of the surveyor referred to in paragraph (1)(a), to remove the cargo residues from the ship to quantities specified in Regulation 5A of this Annex as applicable.
The prewash procedure used shall be approved by the Administration and based on standards developed by the Organisation and the resulting tank washings shall be discharged to a reception facility at the port of unloading.
(b)The requirements of sub-paragraph (a) do not apply when all the following conditions are satisfied:
(i)the Category C substance unloaded is identified in the standards developed by the Organisation as resulting in a residue quantity not exceeding the maximum quantity which may be discharged into the sea outside Special Areas under Regulation 5(3) of this Annex, and the residues are retained on board for subsequent discharge into the sea outside the Special Area in compliance with Regulation 5(3) of this Annex; and
(ii)the unloading is carried out in accordance with the pumping conditions for the tank approved by the Administration and based on standards developed by the Organisation as referred to under Regulation 5A(5) of this Annex, or failing to comply with the approved pumping conditions, alternative measures are taken to the satisfaction of the surveyor referred to in paragraph (1)(a), to remove the cargo residues from the ship to quantities specified in Regulation 5A of this Annex as applicable.
(c)At the request of the ship’s master, the Government of the receiving party may exempt the ship from the requirements of sub-paragraph (a), where it is satisfied:
(i)that the tank unloaded 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
(ii)that the tank unloaded is neither washed nor ballasted at sea and the tank is prewashed in accordance with a procedure approved by the Administration and based on standards developed by the Organisation and resulting tank washings are discharged to a reception facility at another port, provided that it has been confirmed in writing that a reception facility at that port is available and adequate for such a purpose; or
(iii)that the cargo residues will be removed by a ventilation procedure approved by the Administration and based on standards developed by the Organisation.
Category D substances in all areas
(8)  With respect to Category D substances, a tank which has been unloaded shall either be washed and the resulting tank washings shall be discharged to a reception facility, or the remaining residues in the tank shall be diluted and discharged into the sea in accordance with Regulation 5(4) of this Annex.
Discharge from a slop tank
(9)  Any residues retained on board in a slop tank, including those from cargo pump room bilges, which contain a Category A substance, or within a special area either a Category A or a Category B substance, shall be discharged to a reception facility in accordance with the provisions of Regulation 5(1), (7) or (8) of this Annex, whichever is applicable.
regulation 9

Cargo Record Book

(1)  Every ship to which this Annex applies shall be provided with a Cargo Record Book, whether as part of the ship’s official log book or otherwise, in the form specified in Appendix IV to this Annex.
(2)  The Cargo Record Book shall be completed, on a tank-to-tank basis, whenever any of the following operations with respect to a noxious liquid substance take place in the ship:
(i)loading of cargo;
(ii)internal transfer of cargo;
(iii)unloading of cargo;
(iv)cleaning of cargo tanks;
(v)ballasting of cargo tanks;
(vi)discharge of ballast from cargo tanks;
(vii)disposal of residues to reception facilities;
(viii)discharge into the sea or removal by ventilation of residues in accordance with Regulation 5 of this Annex.
(3)  In the event of any discharge of the kind referred to in Article 8 of the present Convention and Regulation 6 of this Annex of any noxious liquid substance or mixture containing such substance, whether intentional or accidental, an entry shall be made in the Cargo Record Book stating the circumstances of, and the reason for, the discharge.
(4)  When a surveyor appointed or authorised by the Government of the Party to the Convention to supervise any operations under this Annex has inspected a ship, then that surveyor shall make an appropriate entry in the Cargo Record Book.
(5)  Each operation referred to in paragraphs (2) and (3) shall be fully recorded without delay in the Cargo Record Book so that all the entries in the Book appropriate to that operation are completed. Each entry shall be signed by the officer or officers in charge of the operation concerned and each page shall be signed by the Master of the ship. The entries in the Cargo Record Book shall be in an official language of the State whose flag the ship is entitled to fly, and, for ships holding an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk or a Certificate referred to in Regulation 12A of this Annex in English or French. The entries in an official national language of the State whose flag the ship is entitled to fly shall prevail in case of a dispute or discrepancy.
(6)  The Cargo Record Book shall be kept in such a place as to be readily available for inspection and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be retained for a period of 3 years after the last entry has been made.
(7)  The competent authority of the Government of a Party may inspect the Cargo Record Book on board any ship to which this Annex applies while the ship is in its port, and may make a copy of any entry in that book and may require the Master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the Master of the ship as a true copy of an entry in the ship’s Cargo Record Book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of a Cargo Record Book and the taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.
Regulation 10

Surveys

(1)  Ships carrying noxious liquid substances in bulk shall be subject to the surveys specified below:
(a)An initial survey before the ship is put in service or before the Certificate required under Regulation 11 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.
(b)Periodical surveys at intervals specified by the Administration, but not exceeding five years, and which shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the requirements of this Annex.
14(c)A minimum of one intermediate survey during the period of validity of the Certificate and which 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. In cases where only one such intermediate survey is carried out in any one Certificate validity period, it shall be held not before 6 months prior to, nor later than 6 months after the half-way date of the Certificate’s period of validity. Such intermediate surveys shall be endorsed on the Certificate issued under Regulation 11 of this Annex.
14  See Unified interpretation.
15(d)An annual survey within 3 months before or after the day and the month of the date of issue of the Certificate and which shall include a general examination to ensure that the structure, fittings, arrangements and materials remain in all respects satisfactory for the service for which the ship is intended. Such annual surveys shall be endorsed on the Certificate issued under Regulation 11 of this Annex.
15  See Unified interpretation.
The Administration shall notify the Organisation of the specific responsibilities and conditions of the authority delegated to the nominated surveyors or recognised organisations, for circulation to Parties to the present Convention for the information of their officers.
(2)    (a)  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 organisations recognised by it.
(b)An Administration nominating surveyors or recognising organisations to conduct surveys and inspections as set forth in sub-paragraph (a), shall as a minimum empower any nominated surveyor or recognised organisation to:
(i)require repairs to a ship; and
(ii)carry out surveys and inspections if requested by the appropriate authorities of a port State.
(c)When a nominated surveyor or recognised organisation 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 unreasonable threat of harm to the marine environment, such surveyor or organisation shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the Certificate should be withdrawn and the Administration shall be notified immediately; and if the ship is in a port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or recognised organisation has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor, or organisation any necessary assistance to carry out their obligations under 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 unreasonable threat of harm to the marine environment.
(d)In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the survey and inspection and shall undertake to ensure the necessary arrangements to satisfy this obligation.
(3)    (a)  The condition of the ship and its equipment shall be maintained to conform with the provisions of the present Convention to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.
(b)After any survey of the ship under paragraph (1) has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the sanction of the Administration, except the direct replacement of such equipment and fittings.
(c)Whenever an accident occurs to a ship or a defect is discovered which substantially affects the integrity of the ship or the efficiency or completeness of its equipment covered by this Annex, the master or owner of the ship shall report at the earliest opportunity to the Administration, the recognised organisation or the nominated surveyor responsible for issuing the relevant Certificate, who shall cause investigations to be initiated to determine whether a survey as required by paragraph (1) is necessary. If the ship is in a port of another Party, the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognised organisation shall ascertain that such report has been made.
regulation 11

Issue of Certificate

(1)  An International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be issued, after survey in accordance with the provisions of Regulation 10 of this Annex, to any ship carrying noxious liquid substances in bulk and which is engaged in voyages to ports or terminals under the jurisdiction of other Parties to the Convention.
(2)  Such Certificate shall be issued either by the Administration or by any person or organisation duly authorised by it. In every case, the Administration assumes full responsibility for the Certificate.
(3)    (a)  The Government of a Party to the Convention may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the provisions of this Annex are complied with, shall issue or authorise the issue of an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk to the ship in accordance with this Annex.
(b)A copy of the Certificate and a copy of the survey report shall be transmitted as soon as possible to the requesting Administration.
(c)A Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as the Certificate issued under paragraph (1) of this Regulation.
(d)No International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be issued to a ship which is entitled to fly the flag of a State which is not a Party.
(4)  The International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be drawn up in an official language of the issuing country in the form corresponding to the model given in Appendix V to this Annex. If the language used is neither English nor French, the text shall include a translation into one of these languages.
regulation 12

Duration of 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 5 years from the date of issue.
(2)  A Certificate shall cease to be valid if significant alterations have taken place in the construction, equipment, systems, fittings, arrangements or material required without the sanction of the Administration, except the direct replacement of such equipment or fittings, or if intermediate or annual surveys as specified by the Administration under Regulation 10(1)(c) or (d) of this Annex are not carried out.
(3)  A Certificate issued to a ship shall also cease to be valid upon transfer of the ship to the flag of another State. A new Certificate shall be issued only when the Government issuing the new Certificate is fully satisfied that the ship is in full compliance with the requirements of Regulation 10(3)(a) and (b) of this Annex. In the case of a transfer between Parties, if requested within three months after the transfer has taken place, the Government of the Party whose flag the ship was formerly entitled to fly shall transmit as soon as possible to the Administration a copy of the Certificate carried by the ship before the transfer and, if available, a copy of the relevant survey report.
regulation 12A

Survey and Certification of Chemical Tankers

Notwithstanding Regulations 10, 11 and 12 of this Annex, chemical tankers which have been surveyed and certified by States Parties to the present Convention in accordance with the provisions of the International Bulk Chemical Code or the Bulk Chemical Code, as applicable, shall be deemed to have complied with 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 11 of this Annex.
regulation 13

Requirements for Minimising Accidental Pollution

(1)  The design, construction, equipment and operation of ships carrying noxious liquid substances of Category A, B or C in bulk, shall be such as to minimize the uncontrolled discharge into the sea of such substances.
(2)  Chemical tankers constructed on or after 1st July 1986 shall comply with the requirements of the International Bulk Chemical Code.
(3)  Chemical tankers constructed before 1st July 1986 shall comply with the following requirements:
(a)The following chemical tankers shall comply with the requirements of the Bulk Chemical Code as applicable to ships referred to in 1.7.2 of that Code:
(i)ships for which the building contract is placed on or after 2nd November 1973 and which are engaged on voyages to ports or terminals under the jurisdiction of other States Parties to the Convention; and
(ii)ships constructed on or after 1st July 1983 which are engaged solely on voyages between ports or terminals within the State the flag of which the ship is entitled to fly;
(b)The following chemical tankers shall comply with the requirements of the Bulk Chemical Code as applicable to ships referred to in 1.7.3 of that Code:
(i)ships for which the building contract is placed before 2nd November 1973 and which are engaged on voyages to ports or terminals under the jurisdiction of other States Parties to the Convention; and
(ii)ships constructed before 1st July 1983 which are engaged on voyages between ports or terminals within the State the flag of which the ship is entitled to fly, except that for ships of less than 1,600 tons gross tonnage compliance with the Code in respect of construction and equipment shall take effect not later than 1st July 1994.
(4)  In respect of ships other than chemical tankers carrying noxious liquid substances of Category A, B or C in bulk, the Administration shall establish appropriate measures based on the Guidelines developed by the Organisation in order to ensure that paragraph (1) are complied with.
regulation 14

Carriage and Discharge of Oil-like Substances

Notwithstanding the provisions of other Regulations of this Annex, noxious liquid substance referred to in Appendix II of this Annex as falling under Category C or D and identified by the Organisation as oil-like substances under the criteria developed by the Organisation, may be carried on an oil tanker as defined in Annex I of the Convention and discharged in accordance with the provisions of
Annex I of the present Convention, provided that all of the following conditions are complied with:
(a)the ship complies with the provisions of Annex I of the present Convention as applicable to product carriers as defined in that Annex;
(b)the ship carries an International Oil Pollution Prevention Certificate and its Supplement B and the Certificate is endorsed to indicate that the ship may carry oil-like substances in conformity with this Regulation and the endorsement includes a list of oil-like substances the ship is allowed to carry;
(c)in the case of Category C substances the ship complies with the ship type 3 damage stability requirements of:
(i)the International Bulk Chemical Code in the case of a ship constructed on or after 1st July 1986; or
(ii)the Bulk Chemical Code, as applicable under Regulation 13 of this Annex, in the case of a ship constructed before 1st July 1986; and
(d)the oil content meter in the oil discharge monitoring and control system of the ship is approved by the Administration for use in monitoring the oil-like substances to be carried.
regulation 15

Port State control on operational requirements

(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.
(2)  In the circumstances given in paragraph (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.
(3)  Procedures relating to the 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 limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for the present Convention.
[S 526/95 wef 03/03/1996]
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