2. The First Schedule to the Prevention of Pollution of the Sea (Oil) Regulations 2006 (G.N. No. S 685/2006) is amended —| (a) | by inserting, immediately after paragraph 34 of regulation 1, the following paragraphs:| | “35 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. |
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| | | 36 Audit Scheme means the IMO Member State Audit Scheme established by the Organization and taking into account the guidelines developed by the Organization*. |
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| | | | * Refer to the Framework and Procedures for the IMO Member State Audit Scheme, adopted by the Organization by resolution A.1067(28). |
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| | | 37 Code for Implementation means the IMO Instruments Implementation Code (III Code) adopted by the Organization by resolution A.1070(28). |
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| | | 38 Audit Standard means the Code for Implementation.”; |
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| | (b) | by inserting, immediately after paragraph 5 of regulation 3, the following paragraph:| | “6 The Administration may waive the requirements of regulation 28.6 for the following oil tankers if loaded in accordance with the conditions approved by the Administration taking into account the guidelines developed by the Organization*: |
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| | .1 | oil tankers which are on a dedicated service, with a limited number of permutations of loading such that all anticipated conditions have been approved in the stability information provided to the master in accordance with regulation 28.5; |
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| | .2 | oil tankers where stability verification is made remotely by a means approved by the Administration; |
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| | .3 | oil tankers which are loaded within an approved range of loading conditions; or |
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| | .4 | oil tankers constructed before 1 January 2016 provided with approved limiting KG/GM curves covering all applicable intact and damage stability requirements. |
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| | | | * Refer to operational guidance provided in part 2 of the Guidelines for verification of damage stability requirements for tankers (MSC.1/Circ.1461).”; |
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| | (c) | by deleting the words “regulation 28.6” in paragraph 2.2 of regulation 19 and substituting the words “regulation 28.7”; | | (d) | by deleting the words “paragraph 28.6” in paragraphs 1.2 and 4 of regulation 20 and substituting in each case the words “paragraph 28.7”; | | (e) | by inserting, immediately after paragraph 5 of regulation 28, the following paragraph:| | “6 All oil tankers shall be fitted with a stability instrument, capable of verifying compliance with intact and damage stability requirements approved by the Administration having regard to the performance standards recommended by the Organization*: |
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| | .1 | oil tankers constructed before 1 January 2016 shall comply with this regulation at the first scheduled renewal survey of the ship on or after 1 January 2016 but not later than 1 January 2021; |
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| | .2 | notwithstanding the requirements of subparagraph .1 a stability instrument fitted on an oil tanker constructed before 1 January 2016 need not be replaced provided it is capable of verifying compliance with intact and damage stability, to the satisfaction of the Administration; and |
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| | .3 | for the purposes of control under regulation 11, the Administration shall issue a document of approval for the stability instrument. |
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| | | | * Refer to part B, chapter 4, of the International Code on Intact Stability, 2008 (2008 IS Code), as amended; the Guidelines for the Approval of Stability Instruments (MSC.1/Circ.1229), annex, section 4, as amended; and the technical standards defined in part 1 of the Guidelines for verification of damage stability requirements for tankers (MSC.1/Circ.1461).”; |
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| | (f) | by renumbering the existing paragraph 6 of regulation 28 as paragraph 7 of that regulation; | | (g) | by inserting, immediately after regulation 43, the following Chapter: | VERIFICATION OF COMPLIANCE WITH THE
PROVISIONS OF THIS CONVENTION |
| | | | | Parties shall use the provisions of the Code for Implementation in the execution of their obligations and responsibilities contained in this Annex. |
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| | | Verification of compliance |
| | | 1 Every 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. |
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| | | 2 The Secretary-General of the Organization shall have responsibility for administering the Audit Scheme, based on the guidelines developed by the Organization*. |
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| | | 3 Every Party shall have responsibility for facilitating the conduct of the audit and implementation of a programme of actions to address the findings, based on the guidelines developed by the Organization*. |
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| | | 4 Audit of all Parties shall be: |
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| | .1 | based on an overall schedule developed by the Secretary-General of the Organization, taking into account the guidelines developed by the Organization*; and |
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| | .2 | conducted at periodic intervals, taking into account the guidelines developed by the Organization*. |
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| | | | * Refer to the Framework and Procedures for the IMO Member State Audit Scheme, adopted by the Organization by resolution A.1067(28).”; |
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| | (h) | by inserting, immediately after paragraph 5.7.4 of Form B in Appendix II, the following paragraphs:| “5.7.5 | The ship is provided with an Approved Stability Instrument in accordance with regulation 28.6 |
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| | | | 5.7.6 | The requirements of regulation 28.6 are waived in respect of the ship in accordance with regulation 3.6. Stability is verified by one or more of the following means: |
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| | | | .1 | loading only to approved conditions defined in the stability information provided to the master in accordance with regulation 28.5 |
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| | | | .2 | verification is made remotely by a means approved by the Administration |
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| | | | .3 | loading within an approved range of loading conditions defined in the stability information provided to the master in accordance with regulation 28.5 |
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| | | | .4 | loading in accordance with approved limiting KG/GM curves covering all applicable intact and damage stability requirements defined in the stability information provided to the master in accordance with regulation 28.5 |
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| | (i) | by deleting the words “paragraph 28.6” in paragraph 5.8.4.1 of Form B in Appendix II and substituting the words “paragraph 28.7”. |
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