Div 1AReporting requirements

Division 1A—Reporting requirements 25A—Duty to report certain incidents (1) Where a prescribed incident occurs in relation to a ship in State waters, the master of the ship must, without delay, notify, in the prescribed manner, a prescribed officer of the incident. (2) In a prosecution of a person for an offence against subsection (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the incident. (3) Where a prescribed incident occurs in relation to a ship in State waters and— (a) the master of the ship is unable to comply with subsection (1) in relation to the incident; or (b) the incident occurs in circumstances in which the ship is abandoned, the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship must, without delay, notify, in the prescribed manner, a prescribed officer of the incident and, if a prescribed officer is not so notified, each of those persons is guilty of an offence. (4) In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves— (a) that the person was not aware of the incident; or (b) in the case of a prescribed incident to which subsection (3)(a) applies, that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (1) in relation to the incident. (5) Subsection (4) must not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3). (6) A master of a ship who, pursuant to subsection (1), has notified a prescribed officer of the occurrence of a prescribed incident must, if so requested by a prescribed officer, furnish, within the prescribed time, a report in the prescribed form to a prescribed officer in relation to the incident. (7) Where subsection (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer of the occurrence of the prescribed incident must, if so requested by a prescribed officer, furnish, within the prescribed time, a report in the prescribed form to a prescribed officer in relation to the incident. (8) A person must not, in a notice or report given or furnished pursuant to this section, make a statement that is false or misleading in a material particular. (9) A notice or report given or furnished pursuant to this section, must not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 8(1), 18(1) or 24AAB(1). (10) In this section— prescribed incident means— (a) a discharge or probable discharge of oil or an oily mixture (not being a discharge to which section 8(4) would apply); or (b) a discharge or probable discharge of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk (not being a discharge to which section 18(4), (5), (6), (7), (8), (9), (10), (11) or (12) applies); or (c) a discharge or probable discharge of a harmful substance carried as cargo in packaged form (not being a discharge to which section 24AAB(2) applies); or (d) damage, failure or breakdown of a ship of 15 metres in length or more that— (i) affects the safety of the ship, including collision, grounding, fire, explosion, structural failure, flooding and cargo shifting; or (ii) results in impairment of the safety of navigation, including failure or breakdown of steering gear, propulsion plant, electrical generating systems or essential shipborne navigational aids. Division 2—Discharges occurring other than from ships 26—Discharge of oil into waters from vehicles etc (1) Subject to subsection (3), if any discharge of oil or of any oily mixture occurs from a vehicle into State waters, any relevant person and any other person responsible for the discharge from the vehicle are each guilty of an offence. Maximum penalty: $200 000. (2) Subject to subsection (3), if any discharge of oil or of an oily mixture occurs from an apparatus into State waters, any relevant person and any other person responsible for the discharge from the apparatus are each guilty of an offence. (3) It is a defence to a charge for an offence against subsection (1) or (2) for the defendant to prove that the alleged offence— (a) resulted from the need to save life; or (b) resulted from an act of terrorism or a natural phenomenon of an exceptional and irresistible nature; or (c) resulted from carrying out, or attempting to carry out, a direction of the Minister; or (d) was wholly caused by the negligent or unlawful act or omission of another person, not being an employee or agent of the defendant. 27—Notification of discharge (1) Where a discharge of oil or of an oily mixture occurs from a vehicle or apparatus— (a) into State waters; or (b) onto any land in circumstances where it is reasonably likely that the oil or mixture will flow into State waters, a relevant person shall, without delay, notify the Minister of the occurrence. (2) A person who, pursuant to subsection (1), has notified the Minister of the occurrence of a discharge shall, if so requested by the Minister, furnish, within the prescribed time, a report to the Minister in relation to the occurrence in accordance with the prescribed form. (3) A person shall not, in a notice given to the Minister pursuant to subsection (1) or in a report furnished to the Minister pursuant to subsection (2), make a statement that is false or misleading in a material particular. (4) A notice given to the Minister pursuant to subsection (1), and a report furnished to the Minister pursuant to subsection (2), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 26. Division 3—Removal and prevention of pollution and recovery of costs 28—Removal and prevention of pollution (1) Where there has been or the Minister is of the opinion that there is likely to be— (a) a discharge of oil or of an oily mixture from a ship, vehicle or apparatus into State waters; or (b) a discharge of a liquid substance, or a mixture containing a liquid substance, being a liquid substance or mixture carried as cargo or part cargo in bulk, from a ship into State waters; or (ba) a discharge of a harmful substance carried as cargo in packaged form, from a ship into State waters; or (bb) a disposal of garbage (whether intentional or not) from a ship into State waters, (being called, for the purposes of this section, substances) the Minister may take or cause to be taken such action as the Minister thinks fit— (c) to prevent or limit the discharge or disposal; (d) to disperse or contain the substances that have been discharged or disposed of; (e) to remove substances that have been discharged or disposed of from waters or land affected by the discharge or disposal; (f) to minimise the damage from pollution resulting from or likely to result from the discharge or disposal. (2) The Minister may, in taking action under subsection (1), by notice in writing addressed to a relevant person, direct— (a) that any operation or activity involving the use of a ship, vehicle or apparatus cease; (b) that a ship, vehicle or apparatus be removed in a specified manner to a specified place; (c) that a ship, vehicle or apparatus may not be removed except with the approval of the Minister and in accordance with his or her directions; (d) that all or a specified part of a substance contained in a ship, vehicle or apparatus be removed in a specified manner to a specified place; (e) that a substance contained in a ship, vehicle or apparatus may not be removed except with the approval of the Minister and in accordance with his or her directions; (f) that no substance, no further substance or no substance in excess of a specified amount be received into a ship, vehicle or apparatus; (g) that any restrictions specified in the notice be complied with in the reception, removal or transfer of a substance into, from or within a ship, vehicle or apparatus; (h) that any equipment or machinery ancillary to a ship, vehicle or apparatus be used or put into operating condition; (i) that specified repair or construction work be carried out on a ship, vehicle or apparatus; (j) that such other specified action be taken in relation to a ship, vehicle or apparatus, or anything contained in a ship, vehicle or apparatus, as the Minister thinks fit. (3) A person to whom a notice under subsection (2) is addressed shall not, without reasonable excuse, fail to comply with the notice. Maximum penalty: $200 000. (4) The Minister may, by further notice in writing, vary or revoke a notice given under subsection (2). (5) If the requirements of a notice given under this section are not complied with, the Minister may cause the requirements to be carried out and where reasonably necessary for that purpose any person authorised by the Minister may enter and take possession of any ship, vehicle or premises (using such force as is necessary for the purpose) and do, or cause to be done, such things as full and proper compliance with the notice may require. (6) No civil liability attaches to the Minister for any act or failure to act under this section. 28A—Marine spill action plan (1) The Minister will cause to be developed and published a plan for the purpose of setting out the action to be taken where there has been or there is likely to be a discharge to which this Act applies. (2) The plan developed and published under this section will be known as the South Australian Marine Spill Contingency Action Plan. (3) The Minister will cause the plan to be reviewed from time to time. (4) For the purposes of any legal proceedings, evidence of the contents of the plan may be given by production of a document apparently certified by the Minister to be a true copy of the plan. (5) The Minister must cause a copy of the plan, as published from time to time, to be laid before both Houses of Parliament as soon as is reasonably practicable after the plan is published. 29—Recovery of costs (1) Subject to this section, the Minister may recover the costs and expenses reasonably incurred in exercising a power under this Division from a relevant person. (2) The costs and expenses referred to in subsection (1)— (a) may be awarded in the course of proceedings for an offence in respect of a discharge or disposal (whether or not the relevant person is convicted of an offence); or (b) may or be recovered as a debt due to the Crown (whether or not proceedings have been taken for an offence in respect of a discharge or disposal). (3) A person is not liable to pay for the costs and expenses of the Minister under this Division where the act or omission giving rise to the exercise of power by the Minister— (a) resulted from the need to save life; or (b) resulted from an act of terrorism or a natural phenomenon of an exceptional and irresistible nature; or (c) was wholly caused by the negligence or the failure of a government or other authority in carrying out its functions; or (d) was wholly caused by the negligent or unlawful act or omission of another person, not being an employee or agent of the person. (4) The exemption from liability provided under subsection (3)(d) is not, in respect of a discharge or disposal from a ship, available— (a) to an agent, in respect of an act or omission of the owner, master or a member of the crew of the ship; or (b) to the owner of the ship, in respect of an act or omission of the agent, master or a member of the crew of the ship; or (c) to the master of the ship, in respect of an act or omission of a member of the crew of the ship. (5) A person is not liable to pay for the costs and expenses of the Minister under this Division in respect of preventing a discharge of oil or of an oily mixture that the Minister believed was likely to occur if the person proves— (a) that there was no reasonable likelihood of the discharge occurring; or (b) that the directions given by the Minister were unreasonable; or (c) that the manner in which the Minister acted was unreasonable. (6) Nothing in this Division affects or qualifies any other right of the Minister or the State to recover damages in respect of the consequences of a discharge or disposal into State waters. 30—Detention of ship, vehicle or apparatus (1) An amount recoverable by the Minister pursuant to this Division in respect of a ship, vehicle or apparatus is a charge against that ship, vehicle or apparatus. (2) The Minister may cause a ship, vehicle or apparatus referred to in subsection (1) to be detained until the amount recoverable by the Minister is paid or until security for payment of that amount is provided to the satisfaction of the Minister. (3) Where a ship, vehicle or apparatus that is being detained pursuant to this section is removed from any place without the consent of the Minister, the master of the ship or the person in charge of the vehicle or apparatus is guilty of an offence. 31—Recovery of costs by one person from another Where— (a) a person— (i) is by notice given under this Division required to take any action; or (ii) is liable for the payment of costs and expenses incurred by the Minister in exercising a power under this Division; and (b) the circumstances giving rise to the giving of the notice or the incurring of the costs and expenses were caused by another person or arose on account of the neglect of another person, the person may recover the costs and expenses reasonably incurred in complying with the notice or in satisfying the liability to the Minister from that other person, as a debt in a court of competent jurisdiction. 32—Service of notices (1) Where a notice under this Division is addressed to the owner or master of a ship, that notice may be served— (a) personally; and (b) in the case of service on the owner—by serving the notice on the agent or master of the ship; and (c) in the case of service on the master—by serving the notice on the agent of the ship or a person on board the ship who is apparently a member of the crew of the ship; and (d) where it is not reasonably practicable to serve the owner or master in any other manner— (i) by transmitting the contents of the notice to the master of the ship; or (ii) by affixing the notice to the ship in a reasonably conspicuous place. (2) Where a notice under this Division in respect of a vehicle is addressed to a relevant person, that notice may be served— (a) personally; or (b) by serving the notice on any owner of the vehicle; or (c) where it is not reasonably practicable to serve the person in any other manner, by affixing the notice to the vehicle in a reasonably conspicuous place. (3) Where a notice under this Division in respect of an apparatus is addressed to a relevant person, that notice may be served— (a) personally; or (b) by serving the notice on any owner of the apparatus; or (c) where it is not reasonably practicable to serve the person in any other manner, by affixing the notice to the apparatus in a reasonably conspicuous place. (4) A notice that is to be served on a company may be served by handing it to a director, secretary or other officer of the company. (5) A statement in writing, purporting to be made and signed by a person employed as a communications officer whose duties include the transmission of messages to ships at sea, that person— (a) cause the contents of a notice to be transmitted to a ship at sea; and (b) received a clear acknowledgment of the receipt of those contents from a person purporting to be on board the ship, shall be deemed, in the absence of proof to the contrary, to be proof of service for the purposes of subsection (1)(d)(i). 32A—Recovery of damages (1) If, because of a discharge or disposal prohibited by this Act, a person— (a) suffers loss of or damage to property; or (b) incurs costs or expenses in preventing or mitigating or in attempting to prevent or mitigate any loss of or damage to property (including the property of another), the person may recover from the appropriate person, or any person whose act caused the discharge or disposal, the amount of the loss or damage and the expense incurred as a debt in a court of competent jurisdiction. (2) In this section— appropriate person means— (a) in relation to a discharge or disposal to which Part 2, 3, 3AA or 3AAB applies—the owner or the master of the ship concerned; or (b) in relation to a discharge or disposal to which Part 4 applies—the relevant person in relation to the discharge or disposal within the meaning of that Part. Division 4—Other matters 33—Powers of inspectors (1) For the purposes of— (a) ascertaining whether a provision of this Act that is applicable in relation to a ship has been complied with in respect of a ship; or (b) ascertaining whether there has been a discharge or disposal into State waters in contravention of this Act; or (c) carrying out any other investigation required for the purposes of this Act, an inspector may— (d) go on board a ship with such assistants and equipment as the inspector considers necessary; and (e) require the master of a ship to take such steps as the inspector directs to facilitate the boarding; and (f) inspect and test any machinery or equipment of a ship; and (g) require the master of a ship to take such steps as the inspector directs to facilitate the inspection or testing of any machinery or equipment of a ship; and (h) open, or require the master of a ship to cause to be opened, any hold, bunker, tank, compartment or receptacle in or on board the ship and inspect the contents of any hold, bunker, tank, compartment or receptacle in or on board the ship; and (i) require the master of a ship to produce a record book required by this Act to be carried in the ship or any other books, documents or records relating to the ship or its cargo that are carried in the ship; and (j) make copies of, or take extracts from, any such books, documents or records; and (k) require the master of a ship to certify that a true copy of an entry in a record book required by this Act to be carried in the ship made by the inspector is a true copy of such an entry; and (l) examine, and take samples of, any substances being in, on, or in the vicinity of a ship in respect of which an investigation of a discharge or disposal or suspected discharge or disposal in breach of a provision of this Act is being made; and (m) require the master of a ship, or any person representing the master, to certify the taking of the samples; and (n) require a person to answer question. (2) For any purpose related to— (a) the administration or enforcement of this Act; or (b) ascertaining whether there has been a discharge or disposal into State waters in contravention of this Act, an inspector may— (c) enter any vehicle or premises with such assistants and equipment as the inspector considers necessary; and (d) inspect any vehicle or premises and test any machinery or equipment; and (e) require a person apparently in charge of a vehicle or premises to take such steps as the inspector directs to facilitate the inspection or testing of any apparatus, machinery or equipment in or on the vehicle or at the premises; and (f) examine, and take samples of, any substances being in, on or in the vicinity of, a vehicle or premises in respect of which an investigation of a discharge or disposal or suspected discharge or disposal in breach of a provision of this Act is being made; and (g) require a person to answer question. (3) A person must not, without reasonable excuse, hinder or obstruct or refuse or fail to comply with a requirement made of the person by an inspector under subsection (1) or (2). Maximum penalty: $8 000. (3a) A person must not, in answering a question that the person is required to answer under subsection (1) or (2), make a statement that is false or misleading in a material particular. (4) An inspector shall not, in exercising powers under subsection (1), unnecessarily delay a ship from beginning a voyage. 34—Oil reception facilities (1) The Minister may— (a) provide facilities for enabling ships to dispose of oil residues; or (b) join with any other person or authority to provide facilities for enabling ships to dispose of oil residues; or (c) arrange for another person or an authority to provide facilities for enabling ships to dispose of oil residues. (2) The regulations may fix charges and impose conditions or limitations in respect of the use of facilities provided under subsection (1). (3) Regulations may be made requiring— (a) the owners or occupiers of oil terminals, oil depots, oil installations or other similar establishments used for the loading or unloading of oil in bulk; and (b) the owners or occupiers of establishments at which ships are repaired or any other work is performed in relation to ships which may involve the disposal of oil residues from ships, to provide facilities of a standard approved by the Minister, to maintain those facilities in good order and condition and to keep prescribed records. (4) A person who fails to comply with a regulation made under subsection (3) is guilty of an offence. oil residues means those parts of a mixture containing oil that remain after undergoing a separation process. 35—Transfer of oil at night (1) No oil shall be transferred between sunset and sunrise to or from a ship in State waters without the written permission of— (a) a port manager; or (b) the Minister. (2) Permission under this section to transfer oil may be given— (a) in individual cases or generally to transfers that are carried out in specified circumstances; (b) subject to such conditions or limitations as the port manager or Minister thinks fit. (4) If oil is transferred to or from a ship in contravention of this section or a condition or limitation imposed under this section, the owner and master of the ship and, if the oil is transferred from or to a place on land, the person in charge of that place, are each guilty of an offence. Maximum penalty: $8 000. 36—Prosecutions (1) A prosecution for an offence against this Act may be brought at any time. (2) Offences constituted by this Act are— (a) in the case of offences under this Division or the regulations—summary offences; (b) in any other case—minor indictable offences. (3) Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind. (4) Any conduct engaged in on behalf of a body corporate— (a) by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; or (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body corporate, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent, shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the body corporate. (5) A reference in subsection (3) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose. 37—Service of summonses (1) Any summons to be served on the owner or master of a ship in respect of an offence against this Act may be served by serving it on the agent of the ship in any manner in which it might have been served on the owner or master. (2) A summons served on an agent of a ship pursuant to subsection (1) shall be deemed to have been served on the owner or master of the ship. (3) Any summons in respect of an offence against this Act may be issued and served on a Sunday as on any other day. 38—Evidence In any proceedings for an offence against a provision of this Act— (a) any record kept in pursuance of this Act is admissible as prima facie evidence of the facts stated in the record; and (b) a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and (c) a document purporting to be a record kept in pursuance of this Act or purporting to be such a certified copy as referred to in paragraph (b), shall, unless the contrary is proved, be deemed to be such a record or certified copy, as the case may be; and (d) an allegation in a complaint that notification of a discharge was not given in accordance with this Act shall, unless the contrary is proved, be accepted as proved. 39—Evidence of analyst (1) The Minister may, by instrument, appoint appropriately qualified persons to be analysts for the purposes of this Act. (2) Subject to subsection (4), a certificate signed by an analyst appointed under subsection (1) setting out, in relation to a substance, one or more of the following: (a) when and from whom the substance was received; (b) what labels or other means of identifying the substance accompanied it when it was received; (c) what container the substance was in when it was received; (d) a description of the substance received; (e) that he or she has analysed or examined the substance; (f) the date on which the analysis or examination was carried out; (g) the method used in conducting the analysis or examination; (h) the results of the analysis or examination, is in any proceedings for an offence against this Act proof, in the absence of proof to the contrary, of the matters in the certificate and the correctness of the results of the analysis or examination. (3) For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is proved, be deemed to be such a certificate. (4) A certificate referred to in subsection (2) shall not be received in evidence in pursuance of that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings. (5) Where, in pursuance of subsection (2), a certificate of an analyst appointed under subsection (1) is admitted in evidence, the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if the analyst had given evidence of the matters stated in the certificate. (6) Subsection (5) does not entitle a person to require an analyst to be called as a witness for the prosecution unless— (a) the prosecutor has been given at least 5 days notice of the person's intention to require the analyst to be so called; or (b) the court, by order, allows the person to require the analyst to be so called. 40—Immunity (1) No liability shall attach to an inspector, or any person acting with the authority or on the direction of an inspector, in good faith and in the exercise or purported exercise of a power or in the discharge or purported discharge of a duty under this Act. (2) No liability attaches to any other employee or agent of the Crown engaged in the administration or enforcement of the Act for an act or omission in good faith in the exercise or purported exercise of a power or in the discharge or purported discharge of a duty under this Act. (3) For the purposes of subsection (2), an employee or agent of the Crown who participates in the implementation of a plan developed and published under section 28A will be taken to be engaged in the administration or enforcement of this Act. (4) A liability that would, but for this section, attach to a person attaches instead to the Crown. 41—Regulations (1) The Governor may make regulations prescribing matters— (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular— (c) for and in relation to giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act; and (d) empowering the Minister to make orders for and in relation to— (i) giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act; and (ii) the fixing of fees to be paid in respect of any matters under the orders; and (e) fixing fees to be paid in respect of any matters under this Act; and (f) prescribing penalties, not exceeding— (i) in the case of an individual—a fine of $8 000 or imprisonment for one year; or (ii) in the case of a body corporate—a fine of $20 000, for a contravention of, or failure to comply with, a provision of the regulations or of any of the orders made in pursuance of the regulations; and (g) so as to apply— (i) generally or in a particular class of case or in particular classes of case; and (ii) throughout the State and all State waters or in a prescribed part or prescribed parts of the State or State waters; and (h) exempting, either absolutely or subject to conditions, a prescribed ship or person, or ships or persons included in a prescribed class of ships or persons, from all or any of the provisions of this Act or of the regulations. (2) If the Convention is amended, other than by an amendment objected to by Australia, the Governor may by regulations— (a) amend Schedule 1, Schedule 2, Schedule 3 or Schedule 4; or (b) add a further Schedule or Schedules, in order that the Schedules may contain relevant parts of the Convention as in force from time to time. 42—Orders (1) Orders made pursuant to the regulations are subject to disallowance by Parliament. (2) Sections 10, 11 and 12 of the Subordinate Legislation Act 1978 apply in relation to orders made pursuant to the regulations as if references in those sections to regulations were references to such orders. (3) Unless the contrary intentions appears, expressions used in orders made pursuant to the regulations have the same meanings as in this Act. (4) Orders made pursuant to the regulations shall be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that, where such orders would, but for this subsection, have been construed as being in excess of the power conferred by this Act and the regulations, they shall be deemed to be valid orders to the extent to which they are not in excess of that power. (5) Where an order made pursuant to the regulations is inconsistent with a provision of this Act or the regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be of no force or effect. 43—Prescribing matters by reference to other instruments (1) The regulations or orders made under this Act may make provision for or in relation to a matter by applying, adopting or incorporating, either wholly or in part, with or without modifications and as in force from time to time or as in force at a specified time— (a) any regulations, rules, codes, orders, instructions or other subordinate legislation made, determined or issued under any other Act or under any Commonwealth Act; or (b) any code published by the International Maritime Organization. (2) The regulations made under this Act may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in orders made in pursuance of the regulations. (3) If a document referred to in subsection (1) is applied, adopted or incorporated in the regulations or orders— (a) a copy of it must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and (b) evidence of its contents may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the document. 44—Repeal and saving (1) The Prevention of Pollution of Waters by Oil Act 1961 is repealed. (2) Notwithstanding the repeal of the Act referred to in subsection (1) effected by that subsection, the provisions of that Act continue to apply, after the commencement of this section, in relation to any discharge of oil, or of a mixture containing oil, within the meaning of that Act that occurred or commenced before the commencement of this section as if that Act had not been repealed. THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS 1973 THE PARTIES TO THE CONVENTION, BEING CONSCIOUS of the need to preserve the human environment in general and the marine environment in particular, RECOGNIZING that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, RECOGNIZING ALSO the importance of the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as being the first multilateral instrument to be concluded with the prime objective of protecting the environment, and appreciating the significant contribution which that Convention has made in preserving the seas and coastal environment from pollution, DESIRING to achieve the complete elimination of intentional pollution of the marine environment by oil and other harmful substances and the minimization of accidental discharge of such substances, CONSIDERING that this object may best be achieved by establishing rules not limited to oil pollution having a universal purport, HAVE AGREED as follows: ARTICLE 1 General Obligations under the Convention (1) The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the present Convention. (2) Unless expressly provided otherwise, a reference to the present Convention constitutes at the same time a reference to its Protocols and to the Annexes. ARTICLE 2 For the purposes of the present Convention, unless expressly provided otherwise: (1) "Regulations" means the Regulations contained in the Annexes to the present Convention. (2) "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. (a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; (b) "Discharge" does not include— (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 13 November 1972; or (ii) release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources; or (iii) release of harmful substances for purposes of legitimate scientific research into pollution abatement or control. (4) "Ship" means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms. (5) "Administration" means the Government of the State under whose authority the ship is operating. With respect to a ship entitled to fly a flag of any State, the Administration is the Government of that State. With respect to fixed or floating platforms engaged in exploration and exploitation of the sea-bed and subsoil thereof adjacent to the coast over which the coastal State exercises sovereign rights for the purposes of exploration and exploitation of their natural resources, the Administration is the Government of the coastal State concerned. (6) "Incident" means an event involving the actual or probable discharge into the sea of a harmful substance, or effluents containing such a substance. (7) "Organization" means the Inter-Governmental Maritime Consultative Organization. ARTICLE 3 (1) The present Convention shall apply to— (a) ships entitled to fly the flag of a Party to the Convention; and (b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. (2) Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. (3) The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practicable, with the present Convention. ARTICLE 4 Violation (1) Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the Administration is informed of such a violation and is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken as soon as possible, in accordance with its law. (2) Any violation of the requirements of the present Convention within the jurisdiction of any Party to the Convention shall be prohibited and sanctions shall be established therefor under the law of that Party. Whenever such a violation occurs, that Party shall either— (a) cause proceedings to be taken in accordance with its law; or (b) furnish to the Administration of the ship such information and evidence as may be in its possession that a violation has occurred. (3) Where information or evidence with respect to any violation of the present Convention by a ship is furnished to the Administration of that ship, the Administration shall promptly inform the Party which has furnished the information or evidence, and the Organization, of the action taken. (4) The penalties specified under the law of a Party pursuant to the present Article shall be adequate in severity to discourage violations of the present Convention and shall be equally severe irrespective of where the violations occur. ARTICLE 5 Certificates and Special Rules on Inspection of Ships (1) Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them. (2) A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to verifying that there is on board a valid certificate, unless there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that certificate. In that case, or if the ship does not carry a valid certificate, the Party carrying out the inspection shall take such steps as will ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. That Party may, however, grant such a ship permission to leave the port or off-shore terminal for the purpose of proceeding to the nearest appropriate repair yard available. (3) If a Party denies a foreign ship entry to the ports or off-shore terminals under its jurisdiction or takes any action against such a ship for the reason that the ship does not comply with the provisions of the present Convention, the Party shall immediately inform the consul or diplomatic representative of the Party whose flag the ship is entitled to fly, or if this is not possible, the Administration of the ship concerned. Before denying entry or taking such action the Party may request consultation with the Administration of the ship concerned. Information shall also be given to the Administration when a ship does not carry a valid certificate in accordance with the provisions of the Regulations. (4) With respect to the ships of non-Parties to the Convention, Parties shall apply the requirements of the present Convention as may be necessary to ensure that no more favourable treatment is given to such ships. ARTICLE 6 Detection of Violations and Enforcement of the Convention (1) Parties to the Convention shall co-operate in the detection of violations and the enforcement of the provisions of the present Convention, using all appropriate and practicable measures of detection and environmental monitoring, adequate procedures for reporting and accumulation of evidence. (2) A ship to which the present Convention applies may, in any port or off-shore terminal of a Party, be subject to inspection by officers appointed or authorized by that Party for the purpose of verifying whether the ship has discharged any harmful substances in violation of the provisions of the Regulations. If an inspection indicates a violation of the Convention, a report shall be forwarded to the Administration for any appropriate action. (3) Any Party shall furnish to the Administration evidence, if any, that the ship has discharged harmful substances or effluents containing such substances in violation of the provisions of the Regulations. If it is practicable to do so, the competent authority of the former Party shall notify the Master of the ship of the alleged violation. (4) Upon receiving such evidence, the Administration so informed shall investigate the matter, and may request the other Party to furnish further or better evidence of the alleged contravention. If the Administration is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken in accordance with its law as soon as possible. The Administration shall promptly inform the Party which has reported the alleged violation, as well as the Organization, of the action taken. (5) A Party may also inspect a ship to which the present Convention applies when it enters the ports or off-shore terminals under its jurisdiction, if a request for an investigation is received from any Party together with sufficient evidence that the ship has discharged harmful substances or effluents containing such substances in any place. The report of such investigation shall be sent to the Party requesting it and to the Administration so that the appropriate action may be taken under the present Convention. ARTICLE 7 Undue Delay to Ships (1) All possible efforts shall be made to avoid a ship being unduly detained or delayed under Article 4, 5 or 6 of the present Convention. (2) When a ship is unduly detained or delayed under Article 4, 5 or 6 of the present Convention, it shall be entitled to compensation for any loss or damage suffered. ARTICLE 8 Reports on Incidents Involving Harmful Substances (1) A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. (2) Each Party to the Convention shall— (a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and (b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. (3) Whenever a Party receives a report under the provisions of the present Article, that Party shall relay the report without delay to— (a) the Administration of the ship involved; and (b) any other State which may be affected. (4) Each Party to the Convention undertakes to issue instructions to its maritime inspection vessels and aircraft and to other appropriate services, to report to its authorities any incident referred to in Protocol I to the present Convention. That Party shall, if it considers it appropriate, report accordingly to the Organization and to any other party concerned. ARTICLE 9 Other Treaties and Interpretation (1) Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. (2) Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C(XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. (3) The term "jurisdiction" in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. ARTICLE 10 Settlement of Disputes Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. ARTICLE 11 Communication of Information (1) The Parties to the Convention undertake to communicate to the Organization— (a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; (b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations; (c) a sufficient number of specimens of their certificates issued under the provisions of the Regulations; (d) a list of reception facilities including their location, capacity and available facilities and other characteristics; (e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and (f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. (2) The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under subparagraphs (1)(b) to (f) of the present Article. ARTICLE 12 Casualties to Ships (1) Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provisions of the Regulations if such casualty has produced a major deleterious effect upon the marine environment. (2) Each Party to the Convention undertakes to supply the Organization with information concerning the findings of such investigation, when it judges that such information may assist in determining what changes in the present Convention might be desirable. ARTICLE 13 Signature, Ratification, Acceptance, Approval and Accession (1) The present Convention shall remain open for signature at the Headquarters of the Organization from 15 January 1974 until 31 December 1974 and shall thereafter remain open for accession. States may become Parties to the present Convention by— (a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (c) accession. (2) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General of the Organization. (3) The Secretary-General of the Organization shall inform all States which have signed the present Convention or acceded to it of any signature or of the deposit of any new instrument of ratification, acceptance, approval or accession and the date of its deposit. ARTICLE 14 Optional Annexes (1) A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV and V (hereinafter referred to as "Optional Annexes") to the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety. (2) A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13(2) of the present Convention. (3) A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all references to Parties in the present Convention shall not include that State in so far as matters related to such Annex are concerned. (4) The Organization shall inform the States which have signed or acceded to the present Convention of any declaration under the present Article as well as the receipt of any instrument deposited in accordance with the provisions of paragraph (2) of the present Article. ARTICLE 15 Entry into Force (1) The present Convention shall enter into force twelve months after the date on which not less than fifteen States, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world's merchant shipping, have become parties to it in accordance with Article 13 of the present Convention. (2) An Optional Annex shall enter into force twelve months after the date on which the conditions stipulated in paragraph (1) of the present Article have been satisfied in relation to that Annex. (3) The Organization shall inform the States which have signed the present Convention or acceded to it of the date on which it enters into force and of the date on which an Optional Annex enters into force in accordance with paragraph (2) of the present Article. (4) For States which have deposited an instrument of ratification, acceptance, approval or accession in respect of the present Convention or any Optional Annex after the requirements for entry into force thereof have been met but prior to the date of entry into force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of the Convention or such Annex or three months after the date of deposit of the instrument whichever is the later date. (5) For States which have deposited an instrument of ratification, acceptance, approval or accession after the date on which the Convention or an Optional Annex entered into force, the Convention or the Optional Annex shall become effective three months after the date of deposit of the instrument. (6) After the date on which all the conditions required under Article 16 to bring an amendment to the present Convention or an Optional Annex into force have been fulfilled, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention or Annex as amended. ARTICLE 16 Amendments (1) The present Convention may be amended by any of the procedures specified in the following paragraphs. (2) Amendments after consideration by the Organization: (a) Any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary-General to all Members of the Organization and all Parties at least six months prior to its consideration; (b) Any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration; (c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body; (d) Amendments shall be adopted by a two-thirds majority of only the Parties to the Convention present and voting; (e) If adopted in accordance with sub-paragraph (d) of this paragraph, amendments shall be communicated by the Secretary-General of the Organization to all the Parties to the Convention for acceptance; (f) An amendment shall be deemed to have been accepted in the following circumstances: (i) An amendment to an Article of the Convention shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Parties, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world's merchant fleet; (ii) An amendment to an Annex to the Convention shall be deemed to have been accepted in accordance with the procedure specified in sub-paragraph (f)(iii) of this paragraph unless the appropriate body, at the time of its adoption, determines that the amendment shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Parties, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world's merchant fleet. Nevertheless, at any time before the entry into force of an amendment to an Annex to the Convention, a Party may notify the Secretary-General of the Organization that its express approval will be necessary before the amendment enters into force for it. The latter shall bring such notification and the date of its receipt to the notice of Parties; (iii) An amendment to an Appendix to an Annex to the Convention shall be deemed to have been accepted at the end of a period to be determined by the appropriate body at the time of its adoption, which period shall be not less than ten months, unless within that period an objection is communicated to the Organization by not less than one-third of the Parties or by Parties the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world's merchant fleet whichever condition is fulfilled; (iv) An amendment to Protocol I to the Convention shall be subject to the same procedures as for the amendments to the Annexes to the Convention, as provided for in sub-paragraphs (f)(ii) or (f)(iii) of this paragraph; (v) An amendment to Protocol II to the Convention shall be subject to the same procedures as for the amendments to an Article of the Convention, as provided for in sub-paragraph (f)(i) of this paragraph; (g) The amendment shall enter into force under the following conditions: (i) In the case of an amendment to an Article of the Convention, to Protocol II, or to Protocol I or to an Annex to the Convention not under the procedure specified in sub-paragraph (f)(iii) of this paragraph, the amendment accepted in conformity with the foregoing provisions shall enter into force six months after the date of its acceptance with respect to the Parties which have declared that they have accepted it; (ii) In the case of an amendment to Protocol I, to an Appendix to an Annex or to an Annex to the Convention under the procedure specified in sub-paragraph (f)(iii) of this paragraph, the amendment deemed to have been accepted in accordance with the foregoing conditions shall enter into force six months after its acceptance for all the Parties with the exception of those which, before that date, have made a declaration that they do not accept it, or a declaration under sub-paragraph (f)(ii) of this paragraph, that their express approval is necessary. (3) Amendment by a Conference: (a) Upon the request of a Party, concurred in by at least one-third of the Parties, the Organization shall convene a Conference of Parties to the convention to consider amendments to the present Convention. (b) Every amendment adopted by such a Conference by a two-thirds majority of those present and voting of the Parties shall be communicated by the Secretary-General of the Organization to all Contracting Parties for their acceptance. (c) Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and to have entered into force in accordance with the procedures specified for that purpose in sub-paragraphs (2)(f) and (g) of the present Article. (a) In the case of an amendment to an Optional Annex, a reference in the present Article to a "Party to the Convention" shall be deemed to mean a reference to a Party bound by that Annex. (b) Any Party which has declined to accept an amendment to an Annex shall be treated as a non-Party only for the purpose of application of that Amendment. (5) The adoption and entry into force of a new Annex shall be subject to the same procedures as for the adoption and entry into force of an amendment to an Article of the Convention. (6) Unless expressly provided otherwise, any amendment to the present Convention made under this Article, which relates to the structure of a ship, shall apply only to ships for which the building contract is placed, or in the absence of a building contract, the keel of which is laid, on or after the date on which the amendment comes into force. (7) Any amendment to a Protocol or to an Annex shall relate to the substance of that Protocol or Annex and shall be consistent with the Articles of the present Convention. (8) The Secretary-General of the Organization shall inform all Parties of any amendments which enter into force under the present Article, together with the date on which each such amendment enters into force. (9) Any declaration of acceptance or of objection to an amendment under the present Article shall be notified in writing to the Secretary-General of the Organization. The latter shall bring such notification and the date of its receipt to the notice of the Parties to the Convention. ARTICLE 17 Promotion of Technical Co-operation The Parties to the Convention shall promote, in consultation with the Organization and other international bodies, with assistance and co-ordination by the Executive Director of the United Nations Environment Programme, support for those Parties which request technical assistance for— (a) the training of scientific and technical personnel; (b) the supply of necessary equipment and facilities for reception and monitoring; (c) the facilitation of other measures and arrangements to prevent or mitigate pollution of the marine environment by ships; and (d) the encouragement of research— preferably within the countries concerned, so furthering the aims and purposes of the present Convention. ARTICLE 18 Denunciation (1) The present Convention or any Optional Annex may be denounced by any Parties to the Convention at any time after the expiry of five years from the date on which the Convention or such Annex enters into force for that Party. (2) Denunciation shall be effected by notification in writing to the Secretary-General of the Organization who shall inform all the other Parties of any such notification received and of the date of its receipt as well as the date on which such denunciation takes effect. (3) A denunciation shall take effect twelve months after receipt of the notification of denunciation by the Secretary-General of the Organization or after the expiry of any other longer period which may be indicated in the notification. ARTICLE 19 Deposit and Registration (1) The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it. (2) As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. ARTICLE 20 Languages The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original. IN WITNESS WHEREOF the undersigned* being duly authorized by their respective Governments for that purpose have signed the present Convention. DONE AT LONDON this second day of November, one thousand nine hundred and seventy-three. * Signatures omitted. PROTOCOL I PROVISIONS CONCERNING REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES (in accordance with Article 8 of the Convention) Duty to Report (1) The Master of a ship involved in an incident referred to in Article III of this Protocol, or other person having charge of the ship, shall report the particulars of such incident without delay and to the fullest extent possible in accordance with the provisions of this Protocol. (2) In the event of the ship referred to in paragraph (1) of the present Article being abandoned, or in the event of a report from such ship being incomplete or unobtainable, the owner, charterer, manager or operator of the ship, or their agents shall, to the fullest extent possible assume the obligations placed upon the Master under the provisions of this Protocol. Methods of Reporting (1) Each report shall be made by radio whenever possible, but in any case by the fastest channels available at the time the report is made. Reports made by radio shall be given the highest possible priority. (2) Reports shall be directed to the appropriate officer or agency specified in paragraph (2)(a) of Article 8 of the Convention. When to make Reports The report shall be made whenever an incident involves— (a) a discharge other than as permitted under the present Convention; or (b) a discharge permitted under the present Convention by virtue of the fact that— (i) it is for the purpose of securing the safety of a ship or saving life at sea; or (ii) it results from damage to the ship or its equipment; or (c) a discharge of a harmful substance for the purpose of combating a specific pollution incident or for purposes of legitimate scientific research into pollution abatement or control; or (d) the probability of a discharge referred to in sub-paragraph (a), (b) or (c) of the present Article. Contents of Report (1) Each report shall contain in general— (a) the identity of the ship; (b) the time and date of the occurrence of the incident; (c) the geographic position of the ship when the incident occurred; (d) the wind and sea conditions prevailing at the time of the incident; and (e) relevant details respecting the condition of the ship. (2) Each report shall contain, in particular— (a) a clear indication or description of the harmful substances involved, including, if possible, the correct technical names of such substances (trade names should not be used in place of the correct technical names); (b) a statement or estimate of the quantities, concentrations and likely conditions of harmful substances discharged or likely to be discharged into the sea; and (c) where relevant, a description of the packaging and identifying marks; and (d) if possible, the names of the consignor, consignee or manufacturer. (3) Each report shall clearly indicate whether the harmful substance discharged, or likely to be discharged is oil, a noxious liquid substance, a noxious solid substance or a noxious gaseous substance and whether such substance was or is carried in bulk or contained in packaged form, freight containers, portable tanks, or road and rail tank wagons. (4) Each report shall be supplemented as necessary by any other relevant information requested by a recipient of the report or which the person sending the report deems appropriate. Supplementary Report Any person who is obliged under the provisions of this Protocol to send a report shall, when possible— (a) supplement the initial report, as necessary, with information concerning further developments; and (b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II ARBITRATION (in accordance with Article 10 of the Convention) Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. (1) An Arbitration Tribunal shall be established upon the request of one Party to the Convention addressed to another in application of Article 10 of the present Convention. The request for arbitration shall consist of a statement of the case together with any supporting documents. (2) The requesting Party shall inform the Secretary-General of the Organization of the fact that it has applied for the establishment of a Tribunal, of the names of the Parties to the dispute, and of the Articles of the Convention or Regulations over which there is in its opinion disagreement concerning their interpretation or application. The Secretary-General shall transmit this information to all Parties. The Tribunal shall consist of three members: one Arbitrator nominated by each Party to the dispute and a third Arbitrator who shall be nominated by agreement between the two first named, and shall act as its Chairman. (1) If, at the end of a period of sixty days from the nomination of the second Arbitrator, the Chairman of the Tribunal shall not have been nominated, the Secretary-General of the Organization upon request of either Party shall within a further period of sixty days proceed to such nomination, selecting him from a list of qualified persons previously drawn up by the Council of the Organization. (2) If, within a period of sixty days from the date of the receipt of the request, one of the Parties shall not have nominated the member of the Tribunal for whose designation it is responsible, the other Party may directly inform the Secretary-General of the Organization who shall nominate the Chairman of the Tribunal within a period of sixty days, selecting him from the list prescribed in paragraph (1) of the present Article. (3) The Chairman of the Tribunal shall, upon nomination, request the Party which has not provided an Arbitrator, to do so in the same manner and under the same conditions. If the Party does not make the required nomination, the Chairman of the Tribunal shall request the Secretary-General of the Organization to make the nomination in the form and conditions prescribed in the preceding paragraph. (4) The Chairman of the Tribunal, if nominated under the provisions of the present Article, shall not be or have been a national of one of the Parties concerned, except with the consent of the other Party. (5) In the case of the decease or default of an Arbitrator for whose nomination one of the Parties is responsible, the said Party shall nominate a replacement within a period of sixty days from the date of decease or default. Should the said Party not make the nomination, the arbitration shall proceed under the remaining Arbitrators. In case of the decease or default of the Chairman of the Tribunal, a replacement shall be nominated in accordance with the provisions of Article III above, or in the absence of agreement between the members of the Tribunal within a period of sixty days of the decease or default, according to the provisions of the present Article. The Tribunal may hear and determine counter-claims arising directly out of the subject matter of the dispute. Article VI Each Party shall be responsible for the remuneration of its Arbitrator and connected costs and for the costs entailed by the preparation of its own case. The remuneration of the Chairman of the Tribunal and of all general expenses incurred by the Arbitration shall be borne equally by the Parties. The Tribunal shall keep a record of all its expenses and shall furnish a final statement thereof. Article VII Any Party to the Convention which has an interest of a legal nature and which may be affected by the decision in the case may, after giving written notice to the Parties which have originally initiated the procedure, join in the arbitration procedure with the consent of the Tribunal. Article VIII Any Arbitration Tribunal established under the provisions of the present Protocol shall decide its own rules of procedure. Article IX (1) Decisions of the Tribunal both as to its procedure and its place of meeting and as to any question laid before it, shall be taken by majority votes of its members; the absence or abstention of one of the members of the Tribunal for whose nomination the Parties were responsible, shall not constitute an impediment to the Tribunal reaching a decision. In cases of equal voting, the vote of the Chairman shall be decisive. (2) The Parties shall facilitate the work of the Tribunal and in particular, in accordance with their legislation, and using all means at their disposal— (a) provide the Tribunal with the necessary documents and information; (b) enable the Tribunal to enter their territory, to hear witnesses or experts, and to visit the scene. (3) Absence or default of one Party shall not constitute an impediment to the procedure. Article X (1) The Tribunal shall render its award within a period of five months from the time it is established unless it decides, in the case of necessity, to extend the time limit for a further period not exceeding three months. The award of the Tribunal shall be accompanied by a statement of reasons. It shall be final and without appeal and shall be communicated to the Secretary-General of the Organization. The Parties shall immediately comply with the award. (2) Any controversy which may arise between the Parties as regards interpretation or execution of the award may be submitted by either Party for judgment to the Tribunal which made the award, or, if it is not available, to another Tribunal constituted for this purpose, in the same manner as the original Tribunal. CHAPTER I—GENERAL For the purposes of this Annex— (1) "Oil" means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than petrochemicals which are subject to the provisions of Annex II of the present Convention) and, without limiting the generality of the foregoing, includes the substances listed in Appendix I to this Annex. (2) "Oily mixture" means a mixture with any oil content. (3) "Oil fuel" means any oil used as fuel in connection with the propulsion and auxiliary machinery of the ship in which such oil is carried. (4) "Oil tanker" means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers and any "chemical tanker" as defined in Annex II of the present Convention when it is carrying a cargo or part cargo of oil in bulk. (5) "Combination carrier" means a ship designed to carry either oil or solid cargoes in bulk. (6) "New ship" means a ship— (a) for which the building contract is placed after 31 December 1975; or (b) in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 30 June 1976; or (c) the delivery of which is after 31 December 1979; or (i) for which the contract is placed after 31 December 1975; or (ii) in the absence of a contract, the construction work of which is begun after 30 June 1976; or (iii) which is completed after 31 December 1979. (7) "Existing ship" means a ship which is not a new ship. (8) "Major conversion" means a conversion of an existing ship— (a) which substantially alters the dimensions or carrying capacity of the ship; or (b) which changes the type of the ship; or (c) the intent of which in the opinion of the Administration is substantially to prolong its life; or (d) which otherwise so alters the ship that if it were a new ship, it would become subject to relevant provisions of the present Convention not applicable to it as an existing ship. (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′ South, longitude 142°08′ East to a point in latitude 10°35′ South, longitude 141°55′ East—thence to a point latitude 10°00′ South, longitude 142°00′ East, thence to a point latitude 9°10′ South, longitude 143°52′ East, thence to a point latitude 9°00′ South, longitude 144°30′ East, thence to a point latitude 13°00′ South, longitude 144°00′ East, thence to a point latitude 15°00′ South, longitude 146°00′ East, thence to a point latitude 18°00′ South, longitude 147°00′ East, thence to a point latitude 21°00′ South, longitude 153°00′ East, thence to a point on the coast of Australia in latitude 24°42′ South, longitude 153°15′ East. (10) "Special area" means a sea area where for recognized technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by oil is required. Special areas shall include those listed in Regulation 10 of this Annex. (11) "Instantaneous rate of discharge of oil content" means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant. (12) "Tank" means an enclosed space which is formed by the permanent structure of a ship and which is designed for the carriage of liquid in bulk. (13) "Wing tank" means any tank adjacent to the side shell plating. (14) "Centre tank" means any tank inboard of a longitudinal bulkhead. (15) "Slop tank" means a tank specifically designated for the collection of tank drainings, tank washings and other oily mixtures. (16) "Clean ballast" means the ballast in a tank which since oil was last carried therein, has been so cleaned that effluent therefrom if it were discharged from a ship which is stationary into clean calm water on a clear day would not produce visible traces of oil on the surface of the water or on adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. If the ballast is discharged through an oil discharge monitoring and control system approved by the Administration, evidence based on such a system to the effect that the oil content of the effluent did not exceed 15 parts per million shall be determinative that the ballast was clean, notwithstanding the presence of visible traces. (17) "Segregated ballast" means the ballast water introduced into a tank which is completely separated from the cargo oil and oil fuel system and which is permanently allocated to the carriage of ballast or to the carriage of ballast or cargoes other than oil or noxious substances as variously defined in the Annexes of the present Convention. (18) "Length" (L) means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline. The length (L) shall be measured in metres. (19) "Forward and after perpendiculars" shall be taken at the forward and after ends of the length (L). The forward perpendicular shall coincide with the foreside of the stem on the waterline on which the length is measured. (20) "Amidships" is at the middle of the length (L). (21) "Breadth" (B) means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material. The breadth (B) shall be measured in metres. (22) "Deadweight" (DW) means the difference in metric tons between the displacement of a ship in water of a specific gravity of 1.025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the ship. (23) "Lightweight" means the displacement of a ship in metric tons without cargo, oil fuel, lubricating oil, ballast water, fresh water and feedwater in tanks, consumable stores, passengers and their effects. (24) "Permeability" of a space means the ratio of the volume within that space which is assumed to be occupied by water to the total volume of that space. (25) "Volumes" and "areas" in a ship shall be calculated in all cases to moulded lines. (1) Unless expressly provided otherwise, the provisions of this Annex shall apply to all ships. (2) In ships other than oil tankers fitted with cargo spaces which are constructed and utilized to carry oil in bulk of an aggregate capacity of 200 cubic metres or more, the requirements of Regulations 9, 10, 14, 15(1), (2) and (3), 18, 20 and 24(4) of this Annex for oil tankers shall also apply to the construction and operation of those spaces, except that where such aggregate capacity is less than 1 000 cubic metres the requirements of Regulation 15(4) of this Annex may apply in lieu of Regulation 15(1), (2) and (3). (3) Where a cargo subject to the provisions of Annex II of the present Convention is carried in a cargo space of an oil tanker, the appropriate requirements of Annex II of the present Convention shall also apply. (a) Any hydrofoil, air-cushion vehicle and other new type of vessel (near-surface craft, submarine craft, etc.) whose constructional features are such as to render the application of any of the provisions of Chapters II and III of this Annex relating to construction and equipment unreasonable or impracticable may be exempted by the Administration from such provisions, provided that the construction and equipment of that ship provides equivalent protection against pollution by oil, having regard to the service for which it is intended. (b) Particulars of any such exemption granted by the Administration shall be indicated in the Certificate referred to in Regulation 5 of this Annex. (c) The Administration which allows any such exemption shall, as soon as possible, but not more than ninety days thereafter, communicate to the Organization particulars of same and the reasons therefor, which the Organization shall circulate to the Parties to the Convention for their information and appropriate action, if any. Equivalents (1) The Administration may allow any fitting, material, appliance or apparatus 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 substitution of operational methods to effect the control of discharge of oil as equivalent to those design and construction features which are prescribed by Regulations in this Annex. (2) The Administration which allows a fitting, material, appliance or apparatus, as an alternative to that required by this Annex shall communicate to the Organization for circulation to the Parties to the Convention particulars thereof, for their information and appropriate action, if any. (1) Every oil tanker of 150 tons gross tonnage and above, and every other ship of 400 tons gross tonnage and above 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 5 of this annex is issued for the first time, which shall include a complete survey of its structure, equipment, 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, 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, which shall be such as to ensure that the structure, equipment, fittings, arrangements and material fully comply with the applicable requirements of this Annex. However, where the duration of the International Oil Pollution Prevention Certificate (1973) is extended as specified in Regulation 8(3) or (4) of this Annex, the interval of the periodical survey may be extended correspondingly. (c) Intermediate surveys at intervals specified by the Administration but not exceeding thirty months, which shall be such as to ensure that the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, oily-water separating equipment and oil filtering systems, fully comply with the applicable requirements of this Annex and are in good working order. Such intermediate surveys shall be endorsed on the International Oil Pollution Prevention Certificate (1973) issued under Regulation 5 of this Annex. (2) The Administration shall establish appropriate measures for ships which are not subject to the provisions of paragraph (1) of this Regulation in order to ensure that the applicable provisions of this Annex are complied with. (3) Surveys of the ship as regards 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. In every case the Administration concerned fully guarantees the completeness and efficiency of the surveys. (4) After any survey of the ship under this Regulation has been completed, no significant change shall be made in the structure, equipment, fittings, arrangements or material covered by the survey without the sanction of the Administration, except the direct replacement of such equipment or fittings. (1) An International Oil Pollution Prevention Certificate (1973) shall be issued, after survey in accordance with the provisions of Regulation 4 of this Annex, to any oil tanker of 150 tons gross tonnage and above and any other ships of 400 tons gross tonnage and above which are engaged in voyages to ports or off-shore terminals under the jurisdiction of other Parties to the Convention. In the case of existing ships this requirement shall apply twelve months after the date of entry into force of the present Convention. (2) Such Certificate shall be issued either by the Administration or by any persons or organization duly authorized by it. In every case the Administration assumes full responsibility for the certificate. Issue of a Certificate by another Government (1) 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 authorize the issue of an International Oil Pollution Prevention Certificate (1973) to the ship in accordance with this Annex. (2) A copy of the Certificate and a copy of the survey report shall be transmitted as soon as possible to the requesting Administration. (3) A Certificate so issued shall contain a statement 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 Regulation 5 of this Annex. (4) No International Oil Pollution Prevention Certificate (1973) shall be issued to a ship which is entitled to fly the flag of a State which is not a Party. Form of Certificate The International Oil Pollution Prevention Certificate (1973) shall be drawn up in an official language of the issuing country in the form corresponding to the model given in Appendix II to this Annex. If the language used is neither English nor French, the text shall include a translation into one of these languages. (1) An International Oil Pollution Prevention Certificate (1973) shall be issued for a period specified by the Administration, which shall not exceed five years from the date of issue, except as provided in paragraphs (2), (3) and (4) of this Regulation. (2) If a ship at the time when the Certificate expires is not in a port or off-shore terminal under the jurisdiction of the Party to the Convention whose flag the ship is entitled to fly, the Certificate may be extended by the Administration, but such extension shall be granted only for the purpose of allowing the ship to complete its voyage to the State whose flag the ship is entitled to fly or in which it is to be surveyed and then only in cases where it appears proper and reasonable to do so. (3) No Certificate shall be thus extended for a period longer than five months and a ship to which such extension is granted shall not on its arrival in the State whose flag it is entitled to fly or the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port or State without having obtained a new Certificate. (4) A Certificate which has not been extended under the provisions of paragraph (2) 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 on it. (5) A Certificate shall cease to be valid if significant alterations have taken place in the construction, equipment, fittings, arrangements, or material required without the sanction of the Administration, except the direct replacement of such equipment or fittings, or if intermediate surveys as specified by the Administration under Regulation 4(1)(c) of this Annex are not carried out. (6) A Certificate issued to a ship shall cease to be valid upon transfer of such a ship to the flag of another State, except as provided in paragraph (7) of this Regulation. (7) Upon transfer of a ship to the flag of another Party, the Certificate shall remain in force for a period not exceeding five months provided that it would not have expired before the end of that period, or until the Administration issues a replacement Certificate, whichever is earlier. As soon as possible after the transfer has taken place the Government of the Party whose flag the ship was formerly entitled to fly shall transmit 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. CHAPTER II—REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION Control of Discharge of Oil (1) Subject to the provisions of Regulations 10 and 11 of this Annex and paragraph (2) of this Regulation, any discharge into the sea of oil or oily mixtures from ships to which this Annex applies shall be prohibited except when all the following conditions are satisfied: (a) For an oil tanker, except as provided for in sub-paragraph (b) of this paragraph— (i) the tanker is not within a special area; (ii) the tanker is more than 50 nautical miles from the nearest land; (iii) the tanker is proceeding en route; (iv) the instantaneous rate of discharge of oil content does not exceed 60 litres per nautical mile; (v) the total quantity of oil discharged into the sea does not exceed for existing tankers 1/15 000 of the total quantity of the particular cargo of which the residue formed a part, and for new tankers 1/30 000 of the total quantity of the particular cargo of which the residue formed a part; and (vi) the tanker has in operation, except as provided for in Regulation 15(5) and (6) of this Annex, an oil discharge monitoring and control system and a slop tank arrangement as required by Regulation 15 of this Annex; (b) From a ship of 400 tons gross tonnage and above other than an oil tanker and from machinery space bilges excluding cargo pump room bilges of an oil tanker unless mixed with oil cargo residue— (ii) the ship is more than 12 nautical miles from the nearest land; (iii) the ship proceeding en route; (iv) the oil content of the effluent is less than 100 parts per million; and (v) the ship has in operation an oil discharge monitoring and control system, oily-water separating equipment, oil filtering system or other installation as required by Regulation 16 of this Annex. (2) In the case of a ship of less than 400 tons gross tonnage other than an oil tanker whilst outside the special area, the Administration shall ensure that it is equipped as far as practicable and reasonable with installations to ensure the storage of oil residues on board and their discharge to reception facilities or into the sea in compliance with the requirements of paragraph (1)(b) of this Regulation. (3) Whenever visible traces of oil are observed on or below the surface of the water in the immediate vicinity of a ship or its wake, Governments of Parties to the Convention should, to the extent they are reasonably able to do so, promptly investigate the facts bearing on the issue of whether there has been a violation of the provisions of this Regulation or Regulation 10 of this Annex. The investigation should include, in particular, the wind and sea conditions, the track and speed of the ship, other possible sources of the visible traces in the vicinity, and any relevant oil discharge records. (4) The provisions of paragraph (1) of this Regulation shall not apply to the discharge of clean or segregated ballast. The provisions of sub-paragraph (1)(b) of this Regulation shall not apply to the discharge of oily mixture which without dilution has an oil content not exceeding 15 parts per million. (5) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this Regulation. (6) The oil residues which cannot be discharged into the sea in compliance with paragraphs (1), (2) and (4) of this Regulation shall be retained on board or discharged to reception facilities. Methods for the Prevention of Oil Pollution from Ships while operating in Special Areas (1) For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area and the Gulfs area which are defined as follows: (a) The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41°N parallel and bounded to the west by the Straits of Gibraltar at the meridian of 5°36′W. (b) The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic sea bounded by the parallel of the Skaw in the Skagerrak at 57°44.8′N. (c) The Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41°N. (d) The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12°8.5′N, 43°19.6′E) and Husn Murad (12°40.4′N, 43°30.2′E). (e) The Gulfs area means the sea area located north west of the rhumb line between Ras al Hadd (22°30′N, 59°48′E) and Ras Al Fasteh (25°04′N, 61°25′E). (a) Subject to the provisions of Regulation 11 of this Annex, any discharge into the sea of oil or oily mixture from any oil tanker and any ship of 400 tons gross tonnage and above other than an oil tanker shall be prohibited, while in a special area. (b) Such ships while in a special area shall retain on board all oil drainage and sludge, dirty ballast and tank washing waters and discharge them only to reception facilities. (a) Subject to the provisions of Regulation 11 of this Annex, any discharge into the sea of oil or oily mixture from a ship of less than 400 tons gross tonnage, other than an oil tanker, shall be prohibited while in a special area, except when the oil content of the effluent without dilution does not exceed 15 parts per million or alternatively when all of the following conditions are satisfied: (i) The ship is proceeding en route; (ii) The oil content of the effluent is less than 100 parts per million; and (iii) The discharge is made as far as practicable from the land, but in no case less than 12 nautical miles from the nearest land. (b) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this Regulation. (c) The oil residues which cannot be discharged into the sea in compliance with sub-paragraph (a) of this paragraph shall be retained on board or discharged to reception facilities. (4) The provisions of this Regulation shall not apply to the discharge of clean or segregated ballast. (5) Nothing in this Regulation shall prohibit a ship on a voyage only part of which is in a special area from discharging outside the special area in accordance with Regulation 9 of this Annex. (6) Whenever visible traces of oil are observed on or below the surface of the water in the immediate vicinity of a ship or its wake, the Governments of Parties to the Convention should, to the extent they are reasonably able to do so, promptly investigate the facts bearing on the issue of whether there has been a violation of the provisions of this Regulation or Regulation 9 of this Annex. The investigation should include, in particular, the wind and sea conditions, the track and speed of the ship, other possible sources of the visible traces in the vicinity, and any relevant oil discharge records. (7) Reception facilities within special areas: (a) Mediterranean Sea, Black Sea and Baltic Sea areas: (i) The Government of each Party to the Convention, the coastline of which borders on any given special area, undertakes to ensure that not later than 1 January 1977 all oil loading terminals and repair ports within the special area are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from oil tankers. In addition all ports within the special area shall be provided with adequate reception facilities for other residues and oily mixtures from all ships. Such facilities shall have adequate capacity to meet the needs of the ships using them without causing undue delay. (ii) The Government of each Party having under its jurisdiction entrances to seawater courses with low depth contour which might require a reduction of draught by the discharge of ballast undertakes to ensure the provision of the facilities referred to in sub-paragraph (a)(i) of this paragraph but with the proviso that ships required to discharge slops or dirty ballast could be subject to some delay. (iii) During the period between the entry into force of the present Convention (if earlier than 1 January 1977) and 1 January 1977 ships while navigating in the special areas shall comply with the requirements of Regulation 9 of this Annex. However, the Governments of Parties the coastlines of which boarder on any of the special areas under this sub-paragraph may establish a date earlier than 1 January 1977 but after the date of entry into force of the present Convention, from which the requirements of this Regulation in respect of the special areas in question shall take effect— (1) if all the reception facilities required have been provided by the date so established; and (2) provided that the Parties concerned notify the Organization of the date so established at least six months in advance, for circulation to other Parties. (iv) After 1 January 1977, or the date established in accordance with subparagraph (a)(iii) of this paragraph if earlier, each Party shall notify the Organization for transmission to the Contracting Governments concerned of all cases where the facilities are alleged to be inadequate. (b) Red Sea area and Gulfs area: (i) The Government of each Party the coastline of which boarders on the special areas undertakes to ensure that as soon as possible all oil loading terminals and repair ports within these special areas are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from tankers. In addition all ports within the special area shall be provided with adequate reception facilities for other residues and oily mixtures from all ships. Such facilities shall have adequate capacity to meet the needs of the ships using them without causing undue delay. (ii) The Government of each Party having under its jurisdiction entrances to seawater courses with low depth contour which might require a reduction of draught by the discharge of ballast shall undertake to ensure the provision of the facilities referred to in sub‑paragraph (b)(i) of this paragraph but with the proviso that ships required to discharge slops or dirty ballast could be subject to some delay. (iii) Each Party concerned shall notify the Organization of the measures taken pursuant to provisions of sub‑paragraph (b)(i) and (ii) of this paragraph. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of this Regulation in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date. (iv) During the period between the entry into force of the present Convention and the date so established, ships while navigating in the special area shall comply with the requirements of Regulation 9 of this Annex. (v) After such date oil tankers loading in ports in these special areas where such facilities are not yet available shall also fully comply with the requirements of this Regulation. However, oil tankers entering these special areas for the purpose of loading shall make every effort to enter the area with only clean ballast on board. (vi) After the date on which the requirements for the special area in question take effect, each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities are alleged to be inadequate. (vii) At least the reception facilities as prescribed in Regulation 12 of this Annex shall be provided by 1 January 1977 or one year after the date of entry into force of the present Convention, whichever occurs later. Regulations 9 and 10 of this Annex shall not apply to— (a) the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or (b) the discharge into the sea of oil or oily mixture 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 substances containing oil, 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. Reception Facilities (1) Subject to the provisions of Regulation 10 of this Annex, the Government of each Party undertakes to ensure the provision at oil loading terminals, repair ports, and in other ports in which ships have oily residues to discharge, of facilities for the reception of such residues and oily mixtures as remain from oil tankers and other ships adequate to meet the needs of the ships using them without causing undue delay to ships. (2) Reception facilities in accordance with paragraph (1) of this Regulation shall be provided in— (a) all ports and terminals in which crude oil is loaded into oil tankers where such tankers have immediately prior to arrival completed a ballast voyage of not more than 72 hours or not more than 1 200 nautical miles; (b) all ports and terminals in which oil other than crude oil in bulk is loaded at an average quantity of more than 1 000 metric tons per day; (c) all ports having ship repair yards or tank cleaning facilities; (d) all ports and terminals which handle ships provided with the sludge tank(s) required by Regulation 17 of this Annex; (e) all ports in respect of oily bilge waters and other residues, which cannot be discharged in accordance with Regulation 9 of this Annex; and (f) all loading ports for bulk cargoes in respect of oil residues from combination carriers which cannot be discharged in accordance with Regulation 9 of this Annex. (3) The capacity for the reception facilities shall be as follows: (a) Crude oil loading terminals shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of Regulation 9(1)(a) of this Annex from all oil tankers on voyages as described in paragraph (2)(a) of this Regulation. (b) Loading ports and terminals referred to in paragraph (2)(b) of this Regulation shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of Regulation 9(1)(a) of this Annex from oil tankers which load oil other than crude oil in bulk. (c) All ports having ship repair yards or tank cleaning facilities shall have sufficient reception facilities to receive all residues and oily mixtures which remain on board for disposal from ships prior to entering such yards or facilities. (d) All facilities provided in ports and terminals under paragraph (2)(d) of this Regulation shall be sufficient to receive all residues retained according to Regulation 17 of this Annex from all ships that may reasonably be expected to call at such ports and terminals. (e) All facilities provided in ports and terminals under this Regulation shall be sufficient to receive oily bilge waters and other residues which cannot be discharged in accordance with Regulation 9 of this Annex. (f) The facilities provided in loading ports for bulk cargoes shall take into account the special problems of combination carriers as appropriate. (4) The reception facilities prescribed in paragraphs (2) and (3) of this Regulation shall be made available no later than one year from the date of entry into force of the present Convention or by 1 January 1977, whichever occurs later. (5) Each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities provided under this Regulation are alleged to be inadequate. Segregated Ballast Oil Tankers (1) Every new oil tanker of 70 000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with the requirements of this Regulation. (2) The capacity of the segregated ballast tanks shall be so determined that the ship may operate safely on ballast voyages without recourse to the use of oil tanks for water ballast except as provided for in paragraph (3) of this Regulation. In all cases, however, the capacity of segregated ballast tanks shall be at least such that in any ballast condition at any part of the voyage, including the conditions consisting of lightweight plus segregated ballast only, the ship's draughts and trim can meet each of the following requirements: (a) The moulded draught amidships (dm) in metres (without taking into account any ship's deformation) shall not be less than: (b) The draughts at the forward and after perpendiculars shall correspond to those determined by the draught amidships (dm), as specified in sub-paragraph (a) of this paragraph, in association with the trim by the stern of not greater than 0.015L; and (c) In any case the draught at the after perpendicular shall not be less than that which is necessary to obtain full immersion of the propeller(s). (3) In no case shall ballast water be carried in oil tanks except in weather conditions so severe that, in the opinion of the Master, it is necessary to carry additional ballast water in oil tanks for the safety of the ship. Such additional ballast water shall be processed and discharged in compliance with Regulation 9 and in accordance with the requirements of Regulation 15 of this Annex, and entry shall be made in the Oil Record Book referred to in Regulation 20 of this Annex. (4) Any oil tanker which is not required to be provided with segregated ballast tanks in accordance with paragraph (1) of this Regulation may, however, be qualified as a segregated ballast tanker, provided that in the case of an oil tanker of 150 metres in length and above it fully complies with the requirements of paragraphs (2) and (3) of this Regulation and in the case of an oil tanker of less than 150 metres in length the segregated ballast conditions shall be to the satisfaction of the Administration. Regulation 14 Segregation of Oil and Water Ballast (1) Except as provided in paragraph (2) of this Regulation, in new ships of 4 000 tons gross tonnage and above other than oil tankers, and in new oil tankers of 150 tons gross tonnage and above, no ballast water shall be carried in any oil fuel tank. (2) Where abnormal conditions or the need to carry large quantities of oil fuel render it necessary to carry ballast water which is not a clean ballast in any oil fuel tank, such ballast water shall be discharged to reception facilities or into the sea in compliance with Regulation 9 using the equipment specified in Regulation 16(2) of this Annex, and an entry shall be made in the Oil Record Book to this effect. (3) All other ships shall comply with the requirements of paragraph (1) of this Regulation as far as reasonable and practicable. Retention of Oil on Board (1) Subject to the provisions of paragraphs (5) and (6) of this Regulation, oil tankers of 150 tons gross tonnage and above shall be provided with arrangements in accordance with the requirements of paragraphs (2) and (3) of this Regulation, provided that in the case of existing tankers the requirements for oil discharge monitoring and control systems and slop tank arrangements shall apply three years after the date of entry into force of the present Convention. (a) Adequate means shall be provided for cleaning the cargo tanks and transferring the dirty ballast residue and tank washings from the cargo tanks into a slop tank approved by the Administration. In existing oil tankers, any cargo tank may be designated as a slop tank. (b) In this system arrangements shall be provided to transfer the oily waste into a slop tank or combination of slop tanks in such a way that any effluent discharged into the sea will be such as to comply with the provisions of Regulation 9 of this Annex. (c) The arrangements of the slop tank or combination of slop tanks shall have a capacity necessary to retain the slops generated by tank washing, oil residues and dirty ballast residues but the total shall be not less than 3 per cent of the oil carrying capacity of the ship, except that, where segregated ballast tanks are provided in accordance with Regulation 13 of this Annex, or where arrangements such as eductors involving the use of water additional to the washing water are not fitted, the Administration may accept 2 per cent. New oil tankers over 70 000 tons deadweight shall be provided with at least two slop tanks. (d) Slop tanks shall be so designed particularly in respect of the position of inlets, outlets, baffles or weirs where fitted, so as to avoid excessive turbulence and entrainment of oil or emulsion with the water. (a) An oil discharge monitoring and control system approved by the Administration shall be fitted. In considering the design of the oil content meter to be incorporated in the system, the Administration shall have regard to the specification recommended by the Organization.* The system shall be fitted with a recording device to provide a continuous record of the discharge in litres per nautical mile and total quantity discharged, or the oil content and rate of discharge. This record shall be identifiable as to time and date and shall be kept for at least three years. The oil discharge monitor and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as will ensure that any discharge of oily mixture is automatically stopped when the instantaneous rate of discharge of oil exceeds that permitted by Regulation 9(1)(a) of this Annex. Any failure of this monitoring and control system shall stop the discharge and be noted in the Oil Record Book. A manually operated alternative method shall be provided and may be used in the event of such failure, but the defective unit shall be made operable before the oil tanker commences its next ballast voyage unless it is proceeding to a repair port. Existing oil tankers shall comply with all of the provisions specified above except that the stopping of the discharge may be performed manually and the rate of discharge may be estimated from the pump characteristic. * Reference is made to the recommendation on International Performance Specifications for Oily-Water Separating Equipment and Oil Content Meters adopted by the Organization by Resolution A.233 (VII). (b) Effective oil/water interface detectors approved by the Administration shall be provided for a rapid and accurate determination of the oil/water interface in slop tanks and shall be available for use in other tanks where the separation of oil and water is effected and from which it is intended to discharge effluent direct to the sea. (c) Instructions as to the operation of the system shall be in accordance with an operational manual approved by the Administration. They shall cover manual as well as automatic operations and shall be intended to ensure that at no time shall oil be discharged except in compliance with the conditions specified in Regulation 9 of this Annex.* * Reference is made to "Clean Seas Guide for Oil Tankers", published by the International Chamber of Shipping and the Oil Companies International Marine Forum. (4) The requirements of paragraphs (1), (2) and (3) of this Regulation shall not apply to oil tankers of less than 150 tons gross tonnage, for which the control of discharge of oil under Regulation 9 of this Annex shall be effected by the retention of oil on board with subsequent discharge of all contaminated washings to reception facilities. The total quantity of oil and water used for washing and returned to a storage tank shall be recorded in the Oil Record Book. This total quantity shall be discharged to reception facilities unless adequate arrangements are made to ensure that any effluent which is allowed to be discharged into the sea is effectively monitored to ensure that the provisions of Regulation 9 of this Annex are complied with. (5) The Administration may waive the requirements of paragraphs (1), (2) and (3) of this Regulation for any oil tanker which engages exclusively on voyages both of 72 hours or less in duration and within 50 miles from the nearest land, provided that the oil tanker is not required to hold and does not hold an International Oil Pollution Prevention Certificate (1973). Any such waiver shall be subject to the requirement that the oil tanker shall retain on board all oily mixtures for subsequent discharge to reception facilities and to the determination by the Administration that facilities available to receive such oily mixtures are adequate. (6) Where in the view of the Organization equipment required by Regulation 9(1)(a)(vi) of this Annex and specified in sub-paragraph (3)(a) of this Regulation is not obtainable for the monitoring of discharge of light refined products (white oils), the Administration may waive compliance with such requirement, provided that discharge shall be permitted only in compliance with procedures established by the Organization which shall satisfy the conditions of Regulation 9(1) of this Annex except the obligation to have an oil discharge monitoring and control system in operation. The Organization shall review the availability of equipment at intervals not exceeding twelve months. (7) The requirements of paragraphs (1), (2) and (3) of this Regulation shall not apply to oil tankers carrying asphalt, for which the control of discharge of asphalt under Regulation 9 of this Annex shall be effected by the retention of asphalt residues on board with discharge of all contaminated washings to reception facilities. Regulation 16 Oil Discharge Monitoring and Control System and Oily-Water Separating Equipment (1) Any ship of 400 tons gross tonnage and above shall be fitted with an oily-water separating equipment or filtering system complying with the provisions of paragraph (6) of this Regulation. Any such ship which carries large quantities of oil fuel shall comply with paragraph (2) of this Regulation or paragraph (1) of Regulation 14. (2) Any ship of 10 000 tons gross tonnage and above shall be fitted— (a) in addition to the requirements of paragraph (1) of this Regulation with an oil discharge monitoring and control system complying with paragraph (5) of this Regulation; or (b) as an alterative to the requirements of paragraph (1) and sub-paragraph (2)(a) of this Regulation, with an oily-water separating equipment complying with paragraph (6) of this Regulation and an effective filtering system, complying with paragraph (7) of this Regulation. (3) The Administration shall ensure that ships of less than 400 tons gross tonnage are equipped, as far as practicable, to retain on board oil or oily mixtures or discharge them in accordance with the requirements of Regulation 9(1)(b) of this Annex. (4) For existing ships the requirements of paragraphs (1), (2) and (3) of this Regulation shall apply three years after the date of entry into force of the present Convention. (5) An oil discharge monitoring and control system shall be of a design approved by the Administration. In considering the design of the oil content meter to be incorporated into the system, the Administration shall have regard to the specification recommended by the Organization.* The system shall be fitted with a recording device to provide a continuous record of the oil content in parts per million. This record shall be identifiable as to time and date and shall be kept for at least three years. The monitoring and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as will ensure that any discharge of oily mixture is automatically stopped when the oil content of effluent exceeds that permitted by Regulation 9(1)(b) of this Annex. Any failure of this monitoring and control system shall stop the discharge and be noted in the Oil Record Book. The defective unit shall be made operable before the ship commences its next voyage unless it is proceeding to a repair port. Existing ships shall comply with all of the provisions specified above except that the stopping of the discharge may be performed manually. (6) Oily-water separating equipment or an oil filtering system shall be of a design approved by the Administration and shall be such as will ensure that any oily mixture discharged into the sea after passing through the separator or filtering systems shall have an oil content of not less than 100 parts per million. In considering the design of such equipment, the Administration shall have regard to the specification recommended by the Organization.* * Reference is made to the Recommendation on International Performance Specifications for Oily-Water Separating Equipment and Oil Content Meters adopted by the Organization by Resolution A.233 (VII). (7) The oil filtering system referred to in paragraph (2)(b) of this Regulation shall be of a design approved by the Administration and shall be such that it will accept the discharge from the separating system and produce an effluent the oil content of which does not exceed 15 parts per million. It shall be provided with alarm arrangements to indicate when this level cannot be maintained. Regulation 17 Tanks for Oil Residues (Sludge) (1) Every ship of 400 ton gross tonnage and above shall be provided with a tank or tanks of adequate capacity, having regard to the type of machinery and length of voyage, to receive the oily residues (sludges) which cannot be dealt with otherwise in accordance with the requirements of this Annex, such as those resulting from the purification of fuel and lubricating oils and oil leakages in the machinery spaces. (2) In new ships, such tanks shall be designed and constructed so as facilitate their cleaning and the discharge of residues to reception facilities. Existing ships shall comply with this requirement as far as is reasonable and practicable. (1) In every oil tanker, a discharge manifold for connection to reception facilities for the discharge of dirty ballast water or oil contaminated water shall be located on the open deck on both sides of the ship. (2) In every oil tanker, pipelines for the discharge to the sea of effluent which may be permitted under Regulation 9 of this Annex shall be led to the open deck or to the ship's side above the waterline in the deepest ballast condition. Different piping arrangements to permit operation in the manner permitted in sub-paragraphs (4)(a) and (b) of this Regulation may be accepted. (3) In new oil tankers means shall be provided for stopping the discharge of effluent into the sea from a position on upper deck or above located so that the manifold in use referred to in paragraph (1) of this Regulation and the effluent from the pipelines referred to in paragraph (2) of this Regulation may be visually observed. Means for stopping the discharge need not be provided at the observation position if a positive communication system such as telephone or radio system is provided between the observation position and the discharge control position. (4) All discharges shall take place above the waterline except as follows: (a) Segregated ballast and clean ballast may be discharged below the waterline in ports or at off-shore terminals. (b) Existing ships which, without modification, are not capable of discharging segregated ballast above the waterline may discharge segregated ballast below the waterline provided that an examination of the tank immediately before the discharge has established that no contamination with oil has taken place. Regulation 19 Standard Discharge Connection To enable pipes of reception facilities to be connected with the ship's discharge pipeline for residues from machinery bilges, both lines shall be fitted with a standard discharge connection in accordance with the following table: STANDARD DIMENSIONS OF FLANGES FOR DISCHARGE CONNECTIONS Description Dimension Outside diameter 215 mm Inner Diameter According to pipe outside diameter Bolt circle diameter 183 mm Slots in flange 6 holes 22 mm in diameter equidistantly placed on a bolt circle of the above diameter, slotted to the flange periphery. The slot width to be 22 mm Flange thickness 20 mm Bolts and nuts: quantity, diameter 6, each of 20 mm in diameter and of suitable length The flange is designed to accept pipes up to a maximum internal diameter of 125 mm and shall be of steel or other equivalent material having a flat face. This flange, together with a gasket of oilproof material, shall be suitable for a service pressure of 6 kg/cm2. Oil Record Book (1) Every oil tanker of 150 tons gross tonnage and above and every ship of 400 tons gross tonnage and above other than an oil tanker shall be provided with an Oil Record Book, whether as part of the ship's official log book or otherwise, in the form specified in Appendix III to this Annex. (2) The Oil Record Book shall be completed on each occasion, on a tank-to-tank basis, whenever any of the following operations take place in the ship: (a) For oil tankers— (i) loading of oil cargo; (ii) internal transfer of oil cargo during voyage; (iii) opening or closing before and after loading and unloading operations of valves or similar devices which inter-connect cargo tanks; (iv) opening or closing of means of communication between cargo piping and seawater ballast piping; (v) opening or closing of ships' side valves before, during and after loading and unloading operations; (vi) unloading of oil cargo; (vii) ballasting of cargo tanks; (viii) cleaning of cargo tanks; (ix) discharge of ballast except from segregated ballast tanks; (x) discharge of water from slop tanks; (xi) disposal of residues; (xii) discharge overboard of bilge water which has accumulated in machinery spaces whilst in port, and the routine discharge at sea of bilge water which has accumulated in machinery spaces; (b) For ships other than oil tankers— (i) ballasting or cleaning of fuel oil tanks or oil cargo spaces; (ii) discharge of ballast or cleaning water from tanks referred to under (i) of this sub-paragraph; (iii) disposal of residues; (iv) discharge overboard of bilge water which has accumulated in machinery spaces whilst in port, and the routine discharge at sea of bilge water which has accumulated in machinery spaces. (3) In the event of such discharge of oil or oily mixture as is referred to in Regulation 11 of this Annex or in the event of accidental or other exceptional discharge of oil not excepted by that Regulation, a statement shall be made in the Oil Record Book of the circumstances of, and the reasons for, the discharge. (4) Each operation described in paragraph (2) of this Regulation shall be fully recorded without delay in the Oil Record Book so that all the entries in the book appropriate to that operation are completed. Each section of the book shall be signed by the officer or officers in charge of the operations concerned and shall be countersigned by the Master of the ship. The entries in the Oil 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 Oil Pollution Prevention Certificate (1973), 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. (5) The Oil Record Book shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be preserved for a period of three years after the last entry has been made. (6) The competent authority of the Government of a Party to the Convention may inspect the Oil Record Book on board any ship to which this Annex applies while the ship is in its port or off-shore terminals 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 Oil Record Book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of an Oil 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 21 Special Requirements for Drilling Rigs and other Platforms Fixed and floating drilling rigs when engaged in the exploration, exploitation and associated off-shore processing of sea-bed mineral resources and other platforms shall comply with the requirements of this Annex applicable to ships of 400 tons gross tonnage and above other than oil tankers, except that— (a) they shall be equipped as far as practicable with the installations required in Regulations 16 and 17 of this Annex; (b) they shall keep a record of all operations involving oil or oily mixture discharges, in a form approved by the Administration; and (c) in any special area and subject to the provisions of Regulation 11 of this Annex, the discharge into the sea of oil or oily mixture shall be prohibited except when the oil content of the discharge without dilution does not exceed 15 parts per million. CHAPTER III—REQUIREMENTS FOR MINIMIZING OIL POLLUTION FROM OIL TANKERS DUE TO SIDE AND BOTTOM DAMAGES Regulation 22 Damage Assumptions (1) For the purpose of calculating hypothetical oil outflow from oil tankers, three dimensions of the extent of damage of a parallelepiped on the side and bottom of the ship are assumed as follows. In the case of bottom damages two conditions are set forth to be applied individually to the stated portions of the oil tanker. (a) Side damage (i) Longitudinal extent (lc): ⅓L⅔ or 14.5 metres, whichever is less (ii) Transverse extent (tc): (inboard from the ship's side at right angles to the centreline at the level corresponding to the assigned summer freeboard) or 11.5 metres, whichever is less Vertical extent (Vc): from the base line upwards without limit (b) Bottom damage For 0.3L from the forward perpendicular of the ship Any other part of the ship (i) Longitudinal extent (ls): or 5 metres, whichever is less (ii) Transverse extent (ts): or 10 metres, whichever is less but not less than 5 metres 5 metres Vertical extent from the base line (vs): or 6 metres, whichever is less (2) Wherever the symbols given in this Regulation appear in this Chapter, they have the meaning as defined in this Regulation. Regulation 23 Hypothetical Outflow of Oil (1) The hypothetical outflow of oil in the case of side damage (Oc) and bottom damage (Os) shall be calculated by the following formulae with respect to compartments breached by damage to all conceivable locations along the length of the ship to the extent as defined in Regulation 22 of this Annex. (a) for side damages: (I) (b) for bottom damages: (II) Wi = volume of a wing tank in cubic metres assumed to be breached by the damages as specified in Regulation 22 of this Annex; Wi for a segregated ballast tank may be taken equal to zero, Ci = volume of a centre tank in cubic metres assumed to be breached by the damage as specified in Regulation 22 of this Annex; Ci for a segregated ballast tank may be taken equal to zero, Ki = when bi is equal to or greater than tc, Ki shall be taken equal to zero, Zi = when hi is equal to or greater than vs, Zi shall be taken equal to zero, bi = width of wing tank in metres under consideration measured inboard from the ship's side at right angles to the centreline at the level corresponding to the assigned summer freeboard, hi = minimum depth of the double bottom in metres under consideration; where no double bottom is fitted hi shall be taken equal to zero. Whenever symbols given in this paragraph appear in this Chapter, they have the meaning as defined in this Regulation. (2) If a void space or segregated ballast tank of a length less than lc as defined in Regulation 22 of this Annex is located between wing oil tanks, Oc in formula (I) may be calculated on the basis of volume Wi being the actual volume of one such tank (where they are of equal capacity) or the smaller of the two tanks (if they differ in capacity), adjacent to such space, multiplied by Si as defined below and taking for all other wing tanks involved in such a collision the value of the actual full volume. where li = length in metres of void space or segregated ballast tank under consideration. (a) Credit shall only be given in respect of double bottom tanks which are either empty or carrying clean water when cargo is carried in the tanks above. (b) Where the double bottom does not extend for the full length and width of the tank involved, the double bottom is considered non-existent and the volume of the tanks above the area of the bottom damage shall be included in formula (II) even if the tank is not considered breached because of the installation of such a partial double bottom. (c) Suction wells may be neglected in the determination of the value hi provided such wells are not excessive in area and extend below the tank for a minimum distance and in no case more than half the height of the double bottom. If the depth of such a well exceeds half the height of the double bottom, hi shall be taken equal to the double bottom height minus the well height. Piping serving such wells if installed within the double bottom shall be fitted with valves or other closing arrangements located at the point of connection to the tank served to prevent oil outflow in the event of damage to the piping. Such piping shall be installed as high from the bottom shell as possible. These valves shall be kept closed at sea at any time when the tank contains oil cargo, except that they may be opened only for cargo transfer needed for the purpose of trimming of the ship. (4) In the case where bottom damage simultaneously involves four centre tanks, the value of Os may be calculated according to the formula (III) (5) An Administration may credit as reducing oil outflow in case of bottom damage, an installed cargo transfer system having an emergency high suction in each cargo oil tank, capable of transferring from a breached tank or tanks to segregated ballast tanks or to available cargo tankage if it can be assured that such tanks will have sufficient ullage. Credit for such a system would be governed by ability to transfer in two hours of operation oil equal to one half of the largest of the breached tanks involved and by availability of equivalent receiving capacity in ballast or cargo tanks. The credit shall be confined to permitting calculation of Os, according to formula (III). The pipes for such suctions shall be installed at least at a height not less than the vertical extent of the bottom damage vs. The Administration shall supply the Organization with the information concerning the arrangements accepted by it, for circulation to other Parties to the Convention. Regulation 24 Limitation of Size and Arrangement of Cargo Tanks (1) Every new oil tanker shall comply with the provisions of this Regulation. Every existing oil tanker shall be required, within two years after the date of entry into force of the present Convention, to comply with the provisions of this Regulation if such a tanker falls into either of the following categories: (a) A tanker, the delivery of which is after 1 January 1977; or (b) A tanker to which both the following conditions apply: (i) Delivery is not later than 1 January 1977; and (ii) The building contract is placed after 1 January 1974, or in cases where no building contract has previously been placed, the keel is laid or the tanker is at a similar stage of construction after 30 June 1974. (2) Cargo tanks of oil tankers shall be of such size and arrangements that the hypothetical outflow Oc or Os calculated in accordance with the provisions of Regulation 23 of this Annex anywhere in the length of the ship does not exceed 30 000 cubic metres or 4003√DW, whichever is the greater, but subject to a maximum of 40 000 cubic metres. (3) The volume of any one wing cargo oil tank of an oil tanker shall not exceed seventy-five per cent of the limits of the hypothetical oil outflow referred to in paragraph (2) of this Regulation. The volume of any one centre cargo oil tank shall not exceed 50 000 cubic metres. However, in segregated ballast oil tankers as defined in Regulation 13 of this Annex, the permitted volume of a wing cargo oil tank situated between two segregated ballast tanks, each exceeding lc in length, may be increased to the maximum limit of hypothetical oil outflow provided that the width of the wing tanks exceeds tc. (4) The length of each cargo tank shall not exceed 10 metres or one of the following values, whichever is the greater: (a) Where no longitudinal bulkhead is provided— 0.1L (b) Where a longitudinal bulkhead is provided at the centreline only— 0.15L (c) Where two or more longitudinal bulkheads are provided— (i) for wing tanks— 0.2L (ii) for centre tanks: (1) if is equal to or greater than — 0.2L (2) if is less than — — where no centreline longitudinal bulkhead is provided — where a centreline longitudinal bulkhead is provided (5) In order not to exceed the volume limits established by paragraphs (2), (3) and (4) of this Regulation and irrespective of the accepted type of cargo transfer system installed, when such system interconnects two or more cargo tanks, valves or other similar closing devices shall be provided for separating the tanks from each other. These valves or devices shall be closed when the tanker is at sea. (6) Lines of piping which run through cargo tanks in a position less than tc from the ship's side or less than vc from the ship's bottom shall be fitted with valves or similar closing devices at the point at which they open into any cargo tank. These valves shall be kept closed at sea at any time when the tanks contain cargo oil, except that they may be opened only for cargo transfer needed for the purpose of trimming of the ship. Regulation 25 Subdivision and Stability (1) Every new oil tanker shall comply with the subdivision and damage stability criteria as specified in paragraph (3) of this Regulation, after the assumed side or bottom damage as specified in paragraph (2) of this Regulation, for any operating draught reflecting actual partial or full load conditions consistent with trim and strength of the ship as well as specific gravities of the cargo. Such damage shall be applied to all conceivable locations along the length of the ship as follows: (a) In tankers of more than 225 metres in length, anywhere in the ship's length; (b) In tankers of more than 150 metres, but not exceeding 225 metres in length, anywhere in the ship's length except involving either after or forward bulkhead bounding the machinery space located aft. The machinery space shall be treated as a single floodable compartment; (c) In tankers not exceeding 150 metres in length, anywhere in the ship's length between adjacent transverse bulkheads with the exception of the machinery space. For tankers of 100 metres or less in length where all requirements of paragraph (3) of this Regulation cannot be fulfilled without materially impairing the operational qualities of the ship, Administrations may allow relaxations from these requirements. Ballast conditions where the tanker is not carrying oil in cargo tanks excluding any oil residues, shall not be considered. (2) The following provisions regarding the extent and the character of the assumed damage shall apply: (a) The extent of side or bottom damage shall be as specified in Regulation 22 of this Annex, except that the longitudinal extent of bottom damage within 0.3L from the forward perpendicular shall be the same as for side damage, as specified in Regulation 22(1)(a)(i) of this Annex. If any damage of lesser extent results in a more severe condition such damage shall be assumed. (b) Where the damage involving transverse bulkheads is envisaged as specified in sub-paragraphs (1)(a) and (b) of this Regulation, transverse watertight bulkheads shall be spaced at least at a distance equal to the longitudinal extent of assumed damage specified in sub-paragraph (a) of this paragraph in order to be considered effective. Where transverse bulkheads are spaced at a lesser distance, one or more or these bulkheads within such extent of damage shall be assumed as non-existent for the purpose of determining flooded compartments. (c) Where the damage between adjacent transverse watertight bulkheads is envisaged as specified in sub-paragraph (1)(c) of this Regulation, no main transverse bulkhead or a transverse bulkhead bounding side tanks or double bottom tanks shall be assumed damaged, unless— (i) the spacing of the adjacent bulkheads is less than the longitudinal extent of assumed damage specified in sub-paragraph (a) of this paragraph; or (ii) there is a step or a recess in a transverse bulkhead of more than 3.05 metres in length, located within the extent of penetration of assumed damage. The step formed by the after peak bulkhead and after peak tank top shall not be regarded as a step for the purpose of this Regulation. (d) If pipes, ducts or tunnels are situated within the assumed extent of damage, arrangements shall be made so that progressive flooding cannot thereby extend to compartments other than those assumed to be floodable for each case of damage. (3) Oil tankers shall be regarded as complying with the damage stability criteria if the following requirements are met: (a) The final waterline, taking into account sinkage, heel and trim, shall be below the lower edge of any opening through which progressive flooding may take place. Such openings shall include air pipes and those which are closed by means of weathertight doors or hatch covers and may exclude those openings closed by means of watertight manhole covers and flush scuttles, small watertight cargo tank hatch covers which maintain the high integrity of the deck, remotely operated watertight sliding doors, and side scuttles of the non-opening type. (b) In the final stage of flooding, the angle of heel due to unsymmetrical flooding shall not exceed 25 degrees, provided that this angle may be increased up to 30 degrees if no deck edge immersion occurs. (c) The stability in the final stage of flooding shall be investigated and may be regarded as sufficient if the righting lever curve has at least a range of 20 degrees beyond the position of equilibrium in association with a maximum residual righting lever of a least 0.1 metre. The Administration shall give consideration to the potential hazard presented by protected or unprotected openings which may become temporarily immersed within the range or residual stability. (d) The Administration shall be satisfied that the stability is sufficient during intermediate stages of flooding. (4) The requirements of paragraph (1) of this Regulation shall be confirmed by calculations which take into consideration the design characteristics of the ship, the arrangements, configuration and contents of the damaged compartments; and the distribution, specific gravities and the free surface effect of liquids. The calculations shall be based on the following: (a) Account shall be taken of any empty or partially filled tank, the specific gravity of cargoes carried, as well an any outflow of liquids from damaged compartments. (b) The permeabilities are assumed as follows: Spaces Permeability Appropriated to stores 0.60 Occupied by accommodation 0.95 Occupied by machinery 0.85 Voids 0.95 Intended for consumable liquids 0 or 0.95* Intended for other liquids 0 to 0.95† * Whichever results in the more severe requirements. † The permeability of partially filled compartments shall be consistent with the amount of liquid carried. (c) The buoyancy of any superstructure directly above the side damage shall be disregarded. The unflooded parts of superstructures beyond the extent of damage, however, may be taken into consideration provided that they are separated from the damaged space by watertight bulkheads and the requirements of sub-paragraph (3)(a) of this Regulation in respect of these intact spaces are complied with. Hinged watertight doors may be acceptable in watertight bulkheads in the superstructure. (d) The free surface effect shall be calculated at an angle of heel of 5 degrees for each individual compartment. The Administration may require or allow the free surface corrections to be calculated at an angle of heel greater than 5 degrees for partially filled tanks. (e) In calculating the effect of free surfaces of consumable liquids it shall be assumed that, for each type of liquid at least one transverse pair or a single centreline tank has a free surface and the tank or combination of tanks to be taken into account shall be those where the effect of free surfaces is the greatest. (5) The Master of every oil tanker and the person in charge of a non-self-propelled oil tanker to which this Annex applies shall be supplied in an approved form with— (a) information relative to loading and distribution of cargo necessary to ensure compliance with the provisions of this Regulation; and (b) data on the ability of the ship to comply with damage stability criteria as determined by this Regulation, including the effect of relaxations that may have been allowed under sub-paragraph (1)(c) of this Regulation. Appendix I LIST OF OILS* Asphalt solutions Gasoline Blending Stocks Blending Stocks Alkylates—fuel Roofers Flux Reformates Straight Run Residue Polymer—fuel Oils Gasolines Clarified Casinghead (natural) Crude Oil Automotive Mixtures containing crude oil Aviation Diesel Oil Straight Run Fuel Oil No. 4 Fuel Oil No. 1 (Kerosene) Fuel Oil No. 5 Fuel Oil No. 1-D Fuel Oil No. 6 Fuel Oil No. 2 Residual Fuel Oil Fuel Oil No. 2-D Road Oil Transformer Oil Jet Fuels Aromatic Oil (excluding vegetable oil) JP-1 (Kerosene) Lubricating Oils and Blending Stocks JP-3 Mineral Oil JP-4 Motor Oil JP-5 (Kerosene, Heavy) Penetrating Oil Turbo Fuel Spindle Oil Kerosene Turbine Oil Mineral Spirit Distillates Naphtha Straight Run Solvent Flashed Feed Stocks Petroleum Gas Oil Heartcut Distillate Oil Cracked * The list of oils shall not necessarily be considered as comprehensive. INTERNATIONAL OIL POLLUTION PREVENTION CERTIFICATE (1973) Issued under the Provisions of the International Convention for the Prevention of Pollution from Ships, 1973, under the Authority of the Government of ................................................................................................................................................ by ................................................................................................................................................ (full designation of the competent person or organization authorized under the provisions of the International Convention for the Prevention of Pollution from Ships, 1973) Number or Letter Gross Tonnage Oil tanker, including combination carrier* Asphalt carrier* Ship other than an oil tanker with cargo tanks coming under Regulation 2(2) of Annex I of the Convention* New/existing ship* Date of building or major conversion contract ........................................................................ Date on which keel was laid or ship was at a similar stage of construction or on which major conversion was commenced .................................................................................... Date of delivery or completion of major conversion ............................................................ PART A ALL SHIPS The ship is equipped with: For ships of 400 tons gross tonnage and above— (a) oily-water separating equipment* (capable of producing the effluent with oil content not exceeding 100 parts per million); or (b) an oil filtering system* (capable of producing the effluent with oil content not exceeding 100 parts per million); For ships of 10 000 tons gross tonnage and above— (c) an oil discharge monitoring and control system* (additional to (a) or (b) above); or (d) oily-water separating equipment and an oil filtering system* (capable of producing the effluent with oil content not exceeding 15 parts per million) in lieu of (a) or (b) above. Particulars of requirements from which exemption is granted under Regulation 2(2) and 2(4)(a) of Annex I of the Convention: ................................................................................................................................................ ................................................................................................................................................ Remarks: PART B OIL TANKER1, 2 Deadweight ........................ metric tons. Length of ship ........................ metres It is certified that this ship is— (a) required to be constructed according to and complies with3 (b) not required to be constructed according to3 (c) not required to be constructed according to, but complies with3 the requirements of Regulation 24 of Annex I of the Convention. The capacity of segregated ballast tanks is ........................ cubic metres and complies with the requirements of Regulation 13 of Annex I of the Convention. The segregated ballast is distributed as follows: Tank Quantity Tank Quantity * End of Part B That the ship has been surveyed in accordance with Regulation 4 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, concerning the prevention of pollution by oil; and That the survey shows that the structure, equipment, fittings, arrangement and material of the ship and the condition thereof are in all respects satisfactory and that the ship complies with the applicable requirements of Annex I of the Convention. This Certificate is valid until .................................................................................... subject to intermediate survey(s) at intervals of ........................................................................ Issued at .................................................................................................................................... ........................ 19 ............ Endorsement for existing ships4 This is to certify that this ship has been so equipped as to comply with the requirements of the International Convention for the Prevention of Pollution from Ships, 1973 as relating to existing ships three years from the date of entry into force of the Convention. Place of endorsement Date of endorsement Intermediate survey This is to certify that at an intermediate survey required by Regulation 4(1)(c) of Annex I of the Convention, this ship and the condition thereof are found to comply with the relevant provisions of the Convention. Date Date Under the provisions of Regulation 8(2) and (4) of Annex I of the Convention the validity of this Certificate is extended until............................................................ Date 1 This Part should be completed for oil tankers including combination carriers and asphalt carriers, and those entries which are applicable should be completed for ships other than oil tankers which are constructed and utilized to carry oil in bulk of an aggregate capacity of 200 cubic metres or above. 2 Part B need not be reproduced on a Certificate issued to any ship other than those referred to in footnote 1. 3 Delete as appropriate. 4 This entry need not be reproduced on a Certificate other than the first Certificate issued to any ship. FORM OF OIL RECORD BOOK I—FOR OIL TANKERS1 Name of ship .................................................................................... Total cargo carrying capacity of ship in cubic metres .................................... Voyage from ............ (date) ............ to ............(date) ............ (a) Loading of oil cargo 1. Date and place of loading 2. Types of oil loaded 3. Identity of tank(s) loaded 4. Closing of applicable cargo tank valves and applicable line cut-off valves on completion of loading2 The undersigned certifies that in addition to the above, all sea valves, overboard discharge valves, cargo tank and pipeline connections and inter‑connections, were secured on completion of loading oil cargo. (b) Internal transfer of oil cargo during voyage 5. Date of internal transfer 6. (i) From (ii) To 7. Was(were) tank(s) in 6(i) emptied? The undersigned certifies that in addition to the above, all sea valves, overboard discharge valves, cargo tank and pipeline connections and inter-connections, were secured on completion of internal transfer of oil cargo. (c) Unloading of oil cargo 8. Date and place of unloading 9. Identity of tank(s) unloaded 10. Was(were) tank(s) emptied? 11. Opening of applicable cargo tank valves and applicable line cut-off valves prior to cargo unloading2 12. Closing of applicable cargo tank valves and applicable line cut-off valves on completion of unloading2 The undersigned certifies that in addition to the above, all sea valves, overboard discharge valves, cargo tank and pipeline connections and inter‑connections, were secured on completion of unloading of oil cargo. (d) Ballasting of cargo tanks 13. 14. Date and position of ship at start of ballasting 15. If valves connecting cargo lines and segregated ballast lines were used give time, date and position of ship when valves were (a) opened, and (b) closed The undersigned certifies that in addition to the above all sea valves, overboard discharge valves, cargo tank and pipeline connections and inter-connections, were secured on the completion of ballasting. (e) Cleaning of cargo tanks 16. Identity of tank(s) cleaned 17. Date and duration of cleaning 18. Methods of cleaning3 (f) Discharge of dirty ballast 19. 20. Date and position of ship at start of discharge to sea 21. Date and position of ship at finish of discharge to sea 22. 23. Quantity discharged to sea 24. Quantity of polluted water transferred to slop tank(s) (identify slop tank(s)) 25. Date and port of discharge into shore reception facilities (if applicable) 26. 27. 28. (g) Discharge of water from slop tanks 29. Identity of slop tank(s) 30. Time of settling from last entry of residues, or 31. Time of settling from last discharge 32. Date, time and position of ship at start of discharge 33. Sounding of total contents at start of discharge 34. Sounding of oil/water interface at start of discharge 35. Bulk quantity discharged and rate of discharge 36. Final quantity discharged and rate of discharge 37. Date, time and position of ship at end of discharge 38. 39. Sounding of oil/water interface at end of discharge 40. 41. 42. (h) Disposal of residues 43. 44. Quantity disposed from each tank 45. Method of disposal of residue: (b) Mixed with cargo (c) Transferred to another (other) tank(s) (identify tank(s)) (d) Other method (state which) 46. Date and port of disposal of residue (i) Discharge of clean ballast contained in cargo tanks 47. Date and position of ship at commencement of discharge of clean ballast 48. Identity of tank(s) discharged 49. Was(were) the tank(s) empty on completion? 50. Position of vessel on completion if different from 47 51. 52. 53. (j) Discharge overboard of bilge water containing oil which has accumulated in machinery spaces whilst in port4 54. Port 55. Duration of stay 56. Quantity disposed 57. Date and place of disposal 58. Method of disposal (state whether a separator was used) (k) Accidental or other exceptional discharges of oil 59. Date and time of occurrence 60. Place or position of ship at time of occurrence 61. Approximate quantity and type of oil 62. Circumstances of discharge or escape, the reasons therefor and general remarks (l) Has the oil monitoring and control system been out of operation at any time when discharging overboard? If so, give time and date of failure and time and date of restoration and confirm that this was due to equipment failure and state reason if known ................................................................................................ .................................................................................................................................... .................................................................................................................................... (m) Additional operational procedures and general remarks .................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... For oil tankers of less than 150 tons gross tonnage operating in accordance with Regulation 15(4) of Annex I of the Convention, an appropriate oil record book should be developed by the Administration. For asphalt carriers, a separate oil record book may be developed by the Administration utilizing sections (a), (b), (c), (e), (h), (j), (k) and (m) of this form of oil record book. II—FOR ALL SHIPS OTHER THAN OIL TANKERS Name of ship .................................................................................... Operations from .................................... (date), to .................................... (date) (a) Ballasting or cleaning of oil fuel tanks 1. 2. Whether cleaned since they last contained oil and, if not, type of oil previously carried 3. Date and position of ship at start of cleaning 4. Date and position of ship at start of ballasting (b) Discharge of dirty ballast or cleaning water from tanks referred to under section (a) 5. 6. Date and position of ship at start of discharge 7. Date and position of ship at finish of discharge 8. 9. Method of discharge (state whether to reception facility or through installed equipment) 10. Quantity discharged (c) Disposal of residues 11. Quantity of residue retained on board 12. Methods of disposal of residue: (b) Mixed with next bunkering (c) Transferred to another (other) tank(s) (d) Other method (state which) 13. Date and port of disposal of residue (d) Discharge overboard of bilge water containing oil which has accumulated in machinery spaces whilst in port4 14. Port 15. Duration of stay 16. Quantity discharged 17. Date and place of discharge 18. Method of discharge: (a) Through oily-water separating equipment (b) Through oil filtering system (c) Through oily-water separating equipment and an oil filtering system (d) To reception facilities (e) Accidental or other exceptional discharges of oil 19. Date and time of occurrence 20. Place or position of ship at time of occurrence 21. Approximate quantity and type of oil 22. Circumstances of discharge or escape, the reasons therefor and general remarks (f) Has the required oil monitoring and control system been out of operation at any time when discharging overboard? If so, state time and date of failure and time and date of restoration, and confirm that this was due to equipment failure, and state reason if known. (g) New ships of 4 000 tons gross tonnage and above: has dirty ballast been carried in oil fuel tanks? Yes/No ............ If so, state which tanks were so ballasted and method of discharge of the dirty ballast ............................................................................................................ .................................................................................................................................... .................................................................................................................................... (h) Additional operational procedures and general remarks .................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... 1 This part should be completed for oil tankers including combination carriers and asphalt carriers, and those entries which are applicable shall be completed for ships other than oil tankers which are constructed and utilized to carry oil in bulk of an aggregate capacity of 200 cubic metres or above. This part need not be reproduced on an Oil Record Book issued to any ship other than those referred to above. 2 Applicable valves and similar devices are those referred to in Regulations 20(2)(a)(iii), 23 and 24 of Annex I of the Convention. 3 Hand hosing, machine washing and/or chemical cleaning. Where chemically cleaned, the chemical concerned and the amount used should be stated. 4 Where the pump starts automatically and discharges through a separator at all times it will be sufficient to enter each day "Automatic discharge from bilges through a separator". 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 designated 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. (7) "Special area" means a sea area where for recognized 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; and (b) The Black Sea Area. (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. (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 categorized for discharge control purposes in Category A, B or C. Categorization and Listing of Noxious Liquid Substances (1) For the purpose of the Regulations of this Annex, except Regulation 13, noxious liquid substances shall be divided into four 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 to either marine resources or human health or cause harm to amenities or other legitimate uses of the sea and therefore justify the application of 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 recognizable hazard to 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 use in the categorization of noxious liquid substances are given in Appendix I to this Annex. (3) The list of noxious liquid substances carried in bulk and presently categorized which are subject to the provisions of this Annex is set out in Appendix II to this Annex. (4) Where it is proposed to carry a liquid substance in bulk which has not been categorized under paragraph (1) of this Regulation or evaluated as referred to in Regulation 4(1) of this Annex, the Governments 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 referred to in paragraph (2) of this Regulation. 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 ninety days after its first carriage, the Administration concerned shall notify the Organization and provide details of the substance and the provisional assessment for prompt circulation to all Parties for their information and consideration. The Government of each Party shall have a period of ninety days in which to forward its comments to the Organization, with a view to the assessment of the substance. Other Liquid Substances (1) The substances listed in Appendix III to this Annex have been evaluated and found to fall outside the Categories A, B, C and D, as defined in Regulation 3(1) of this Annex because they are presently 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 operations. (2) The discharge of bilge or ballast water or other residues or mixtures containing only substances listed in Appendix III to this Annex shall not be subject to any requirement of this Annex. (3) The discharge into the sea of clean ballast or segregated ballast shall not be subject to any requirement of this Annex. 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 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 substances or mixtures are to be 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 the residual concentration prescribed for that substance in column III of Appendix II to this Annex and until the tank is empty. Provided that the residue then remaining in the tank is subsequently diluted by the addition of a volume of water of not less than 5 per cent of the total volume of the tank, it may be discharged into the sea when all the following conditions are also satisfied: (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; (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: (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; (b) The procedures and arrangements for discharge are approved by the Administration. Such procedures and arrangements shall be based upon standards developed by the Organization 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) of this paragraph, which shall in no case exceed the greater of 1 cubic metre or 1/3 000 of the tank capacity in cubic metres; (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: (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; (b) The procedures and arrangements for discharge are approved by the Administration. Such procedures and arrangements shall be based upon standards developed by the Organization 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) of this paragraph, which shall in no case exceed the greater of 3 cubic metres or 1/1 000 of the tank capacity in cubic metres; (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: (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; (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 Organization. If subsequent washing of the tank is necessary, the discharge into the sea of the resulting tank washings shall be made in accordance with paragraph (1), (2), (3) or (4) of this Regulation, whichever is applicable. (6) The discharge into the sea of substances which have not been categorized, 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. Categories A, B and C Substances within Special Areas Subject to the provisions 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 mixtures 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 effluent to such facility is at or below the residual concentration prescribed for that substance in column IV of Appendix II to this Annex and until the tank is empty. Provided that the residue then remaining in the tank is subsequently diluted by the addition of a volume of water of not less than 5 per cent of the total volume of the tank, it may be discharged into the sea when all the following conditions are also satisfied: (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; (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. (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: (a) The tank has been washed after unloading with a volume of water of not less than 0.5 per cent of the total volume of the tank, and the resulting residues have been discharged to a reception facility until the tank is empty; (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 Organization 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; (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: (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; (b) The procedures and arrangements for discharge are approved by the Administration. Such procedures and arrangements shall be based upon standards developed by the Organization 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) of this paragraph which shall in no case exceed the greater of 1 cubic metre or 1/3 000 of the tank capacity in cubic metres; (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 Organization. If subsequent washing of the tank is necessary, the discharge into the sea of the resulting tank washings shall be made in accordance with paragraph (7), (8) or (9) of this Regulation, whichever is applicable. (11) The discharge into the sea of substances which have not been categorized, 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) of this Regulation, 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) of this Regulation in respect of that area shall take effect and notify the Organization of the date so established at least six months in advance of that date. The Organization 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) of this paragraph, the requirements of paragraphs (1), (2) and (3) of this Regulation shall apply during the interim period. 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. Reception Facilities (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 (b) Ship repair ports undertaking repairs to chemical tankers shall have facilities adequate for the reception of residues and mixtures containing noxious liquid substances. (2) The Government of each Party shall determine the types of facilities provided for the purpose of paragraph (1) of this Regulation at each cargo loading and unloading port, terminal and ship repair port in its territories and notify the Organization thereof. (3) Each Party shall notify the Organization, for transmission to the Parties concerned, of any case where facilities required under paragraph (1) of this Regulation are alleged to be inadequate. Measures of Control (1) The Government of each Party to the Convention shall appoint or authorize surveyors for the purpose of implementing this Regulation. Category A Substances in all Areas (a) If a tank is partially unloaded or unloaded but not cleaned, an appropriate entry shall be made in the Cargo Record Book. (b) Until that tank is cleaned every subsequent pumping or transfer operation carried out in connexion with that tank shall also be entered in the Cargo Record Book. (3) If the tank is to be washed— (a) the effluent from the tank washing operation shall be discharged from the ship 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 residual concentration specified for that substance in Appendix II to this Annex. When the required residual 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 certified by the surveyor; and (b) after diluting the residue then remaining in the tank with at least 5 per cent of the tank capacity of water, this mixture may be discharged into the sea in accordance with the provisions of sub‑paragraphs (1)(a), (b) and (c) or 7(a), (b) and (c), whichever is applicable, of Regulation 5 of this Annex. Appropriate entries of these operations shall be made in the Cargo Record Book. (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 sub-paragraph (3)(a) provided that— (a) a precleaning procedure for that tank and that substance, based on standards developed by the Organization, is approved by the Administration and that Party is satisfied that such procedure will fulfil the requirements of paragraph (1) or (7), whichever is applicable, of Regulation 5 of this Annex with respect to the attainment of the prescribed residual concentrations; (b) a surveyor duly authorized by that Party shall certify in the Cargo Record Book that— (i) the tank, its pump and piping system have been emptied, and that the quantity of cargo remaining in the tank is at or below the quantity on which the approved precleaning procedure referred to in sub-paragraph (ii) of this paragraph has been based; (ii) precleaning has been carried out in accordance with the precleaning procedure approved by the Administration for that tank and that substance; and (iii) the tank washings resulting from such precleaning have been discharged to a reception facility and the tank is empty; (c) the discharge into the sea of any remaining residues shall be in accordance with the provisions of paragraph (3)(b) of this Regulation and an appropriate entry is made in the Cargo Record Book. Category B Substances outside Special Areas and Category C Substances in all Areas (5) Subject to such surveillance and approval by the authorized or appointed surveyor as may be deemed necessary by the Government of the Party, the Master of a ship shall, with respect to a Category B substance outside special areas or a Category C substance in all areas, ensure compliance with the following: (a) If a tank is partially unloaded or unloaded but not cleaned, an appropriate entry shall be made in the Cargo Record Book. (b) If the tank is to be cleaned at sea— (i) the cargo piping system serving that tank shall be drained and an appropriate entry made in the Cargo Record Book; (ii) the quantity of substance remaining in the tank shall not exceed the maximum quantity which may be discharged into the sea for that substance under Regulation 5(2)(c) of this Annex outside special areas in the case of Category B substances, or under Regulations 5(3)(c) and 5(9)(c) outside and within special areas respectively in the case of Category C substances. An appropriate entry shall be made in the Cargo Record Book; (iii) where it is intended to discharge the quantity of substance remaining into the sea the approved procedures shall be complied with, and the necessary dilution of the substance satisfactory for such a discharge shall be achieved. An appropriate entry shall be made in the Cargo Record Book; or (iv) where the tank washings are not discharged into the sea, if any internal transfer of tank washings takes place from that tank an appropriate entry shall be made in the Cargo Record Book; and (v) any subsequent discharge into the sea of such tank washings shall be made in accordance with the requirements of Regulation 5 of this Annex for the appropriate area and Category of substance involved. (c) If the tank is to be cleaned in port— (i) the tank washings shall be discharged to a reception facility and an appropriate entry shall be made in the Cargo Record Book; or (ii) the tank washings shall be retained on board the ship and an appropriate entry shall be made in the Cargo Record Book indicating the location and disposition of the tank washings. (d) If after unloading a Category C substance within a special area, any residues or tank washings are to be retained on board until the ship is outside the special area, the Master shall so indicate by an appropriate entry in the Cargo Record Book and in this case the procedures set out in Regulation 5(3) of this Annex shall be applicable. Category B Substances within Special Areas (6) Subject to such surveillance and approval by the authorized or appointed surveyor as may be deemed necessary by the Government of the Party, the Master of a ship shall, with respect to a Category B substance within a special area, ensure compliance with the following: (a) If a tank is partially unloaded or unloaded but not cleaned, an appropriate entry shall be made in the Cargo Record Book. (b) Until that tank is cleaned every subsequent pumping or transfer operation carried out in connexion with that tank shall also be entered in the Cargo Record Book. (c) If the tank is to be washed, the effluent from the tank washing operation, which shall contain a volume of water not less than 0.5 per cent of the total volume of the tank, shall be discharged from the ship to a reception facility until the tank, its pump and piping system are empty. An appropriate entry shall be made in the Cargo Record Book. (d) If the tank is to be further cleaned and emptied at sea, the Master shall— (i) ensure that the approved procedures referred to in Regulation 5(8)(c) of this Annex are complied with and that the appropriate entries are made in the Cargo Record Book; and (ii) ensure that any discharge into the sea is made in accordance with the requirements of Regulation 5(8) of this Annex and an appropriate entry is made in the Cargo Record Book. (e) If after unloading a Category B substance within a special area, any residues or tank washings are to be retained on board until the ship is outside the special area, the Master shall so indicate by an appropriate entry in the Cargo Record Book and in this case the procedures set out in Regulation 5(2) of this Annex shall be applicable. Category D Substances in all Areas (7) The Master of a ship shall, with respect to a Category D substance, ensure compliance with the following: (a) If a tank is partially unloaded or unloaded but not cleaned, an appropriate entry shall be made in the Cargo Record Book. (b) If the tank is to be cleaned at sea— (i) the cargo piping system serving that tank shall be drained and an appropriate entry made in the Cargo Record Book; (ii) where it is intended to discharge the quantity of substance remaining into the sea, the necessary dilution of the substance satisfactory for such a discharge shall be achieved. An appropriate entry shall be made in the Cargo Record Book; or (iii) where the tank washings are not discharged into the sea, if any internal transfer of tank washings takes place from that tank an appropriate entry shall be made in the Cargo Record Book; and (iv) any subsequent discharge into the sea of such tank washings shall be made in accordance with the requirements of Regulation 5(4) of this Annex. (c) If the tank is to be cleaned in port— (i) the tank washings shall be discharged to a reception facility and an appropriate entry shall be made in the Cargo Record Book; or (ii) the tank washings shall be retained on board the ship and an appropriate entry shall be made in the Cargo Record Book indicating the location and disposition of the tank washings. Discharge from a Slop Tank (8) Any residues retained on board in a slop tank, including those from pump room bilges, which contain a Category A substance, or within a special area either a Category A or 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. An appropriate entry shall be made in the Cargo Record Book. (9) Any residues retained on board in a slop tank, including those from pump room bilges, which contain a quantity of a Category B substance outside a special area or a Category C substance in all areas in excess of the aggregate of the maximum quantities specified in Regulation 5(2)(c), (3)(c) or (9)(c) of this Annex, whichever is applicable, shall be discharged to a reception facility. An appropriate entry shall be made in the Cargo Record Book. 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) Unloading of cargo; (iii) Transfer of cargo; (iv) Transfer of cargo, cargo residues or mixtures containing cargo to a slop tank; (v) Cleaning of cargo tanks; (vi) Transfer from slop tanks; (vii) Ballasting of cargo tanks; (viii) Transfer of dirty ballast water; (ix) Discharge into the sea 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 authorized 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) of this Regulation 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, when the ship is manned, 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 (1973), 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 two 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. (1) Ships which are subject to the provisions of this Annex and which carry noxious liquid substances in bulk shall be surveyed as follows: (a) An initial survey before a ship is put into service or before the certificate required by Regulation 11 of this Annex is issued for the first time, which shall include a complete inspection of its structure, equipment, fittings, arrangements and material in so far as the ship is covered by this Annex. The survey shall be such as to ensure full compliance with the applicable requirements of this Annex. (b) Periodical surveys at intervals specified by the Administration which shall not exceed five years and which shall be such as to ensure that the structure, equipment, fittings, arrangements and material fully comply with the applicable requirements of this Annex. However, where the duration of the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (1973) is extended as specified in Regulation 12(2) or (4) of this Annex, the interval of the periodical survey may be extended correspondingly. (c) Intermediate surveys at intervals specified by the Administration which shall not exceed thirty months and which shall be such as to ensure that the equipment and associated pumps and piping systems, fully comply with the applicable requirements of this Annex and are in good working order. The survey shall be endorsed on the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (1973) issued under Regulation 11 of this Annex. (2) Surveys of a ship with respect to 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. In every case the Administration concerned shall fully guarantee the completeness and efficiency of the surveys. (3) After any survey of a ship under this Regulation has been completed, no significant change shall be made in the structure, equipment, fittings, arrangements of material, covered by the survey without the sanction of the Administration, except the direct replacement of such equipment and fittings for the purpose of repair or maintenance. (1) An International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (1973) shall be issued to any ship carrying noxious liquid substances which is engaged in voyages to ports or off-shore terminals under the jurisdiction of other Parties to the Convention after survey of such ship in accordance with the provisions of Regulation 10 of this Annex. (2) Such Certificate shall be issued either by the Administration or by a person or organization duly authorized by it. In every case the Administration shall assume full responsibility for the Certificate. (a) The Government of a Party 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 authorize the issue of a Certificate 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 shall have the same force and receive the same recognition as a Certificate issued under paragraph (1) of this Regulation. (d) No International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (1973) shall be issued to any ship which is entitled to fly the flag of a State which is not a Party. (4) The Certificate shall be drawn up in an official language of the issuing country in a 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. (1) An International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (1973) shall be issued for a period specified by the Administration, which shall not exceed five years from the date of issue, except as provided in paragraphs (2) and (4) of this Regulation. (2) If a ship at the time when the Certificate expires is not in a port or off-shore terminal under the jurisdiction of the Party to the Convention whose flag the ship is entitled to fly, the Certificate may be extended by the Administration, but such extension shall be granted only for the purpose of allowing the ship to complete its voyage to the State whose flag the ship is entitled to fly or in which it is to be surveyed and then only in cases where it appears proper and reasonable to do so. (3) No Certificate shall be thus extended for a period longer than five months and a ship to which such extension is granted shall not on its arrival in the State whose flag it is entitled to fly or to the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port or State without having obtained a new Certificate. (4) A Certificate which has not been extended under the provisions of paragraph (2) 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 on it. (5) A Certificate shall cease to be valid if significant alterations have taken place in the structure, equipment, fittings, arrangements and material required by this Annex without the sanction of the Administration, except the direct replacement of such equipment or fitting for the purpose of repair or maintenance or if intermediate surveys as specified by the Administration under Regulation 10(1)(c) of this Annex are not carried out. (6) A Certificate issued to a ship shall cease to be valid upon transfer of such a ship to the flag of another State, except as provided in paragraph (7) of this Regulation. (7) Upon transfer of a ship to the flag of another Party, the Certificate shall remain in force for a period not exceeding five months provided that it would not have expired before the end of that period, or until the Administration issues a replacement Certificate, whichever is earlier. As soon as possible after the transfer has taken place the Government of the Party whose flag the ship was formerly entitled to fly shall transmit 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. Requirements for Minimizing Accidental Pollution (1) The design, construction, equipment and operation of ships carrying noxious liquid substances in bulk which are subject to the provisions of this Annex shall be such as to minimize the uncontrolled discharge into the sea of such substances. (2) Pursuant to the provisions of paragraph (1) of this Regulation, the Government of each Party shall issue, or cause to be issued, detailed requirements on the design, construction, equipment and operation of such ships. (3) In respect of chemical tankers, the requirements referred to in paragraph (2) of this Regulation shall contain at least all the provisions given in the Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk adopted by the Assembly of the Organization in Resolution A.212 (VII) and as may be amended by the Organization, provided that the amendments to that Code are adopted and brought into force in accordance with the provisions of Article 16 of the present Convention for amendment procedures to an Appendix to an Annex. Appendix I GUIDELINES FOR THE CATEGORIZATION OF NOXIOUS LIQUID SUBSTANCES Category A Substances which are bioaccumulated and liable to produce a hazard to aquatic life or human health; or which are highly toxic to aquatic life (as expressed by a Hazard Rating 4, defined by a TLm less than 1 ppm); and additionally certain substances which are moderately toxic to aquatic life (as expressed by a Hazard Rating 3, defined by a TLm of 1 or more, but less than 10 ppm) when particular weight is given to additional factors in the hazard profile or to special characteristics of the substance. Category B Substances which are bioaccumulated with a short retention of the order of one week or less; or which are liable to produce tainting of the sea food; or which are moderately toxic to aquatic life (as expressed by a Hazard Rating 3, defined by a TLm of 1 ppm or more, but less than 10 ppm); and additionally certain substances which are slightly toxic to aquatic life (as expressed by a Hazard Rating 2, defined by a TLm of 10 ppm or more, but less than 100 ppm) when particular weight is given to additional factors in the hazard profile or to special characteristics of the substance. Category C Substances which are slightly toxic to aquatic life (as expressed by a Hazard Rating 2, defined by a TLm of 10 or more, but less than 100 ppm); and additionally certain substances which are practically non-toxic to aquatic life (as expressed by a Hazard Rating 1, defined by a TLm of 100 ppm or more, but less than 1000 ppm) when particular weight is given to additional factors in the hazard profile or to special characteristics of the substance. Category D Substances which are practically non-toxic to aquatic life (as expressed by a Hazard Rating 1, defined by a TLm of 100 ppm or more, but less than 1000 ppm); or causing deposits blanketing the seafloor with a high biochemical oxygen demand (BOD); or highly hazardous to human health, with an LD50 of less than 5 mg/kg; or produce moderate reduction of amenities because of persistency, smell or poisonous or irritant characteristics, possibly interfering with use of beaches; or moderately hazardous to human health, with an LD50 of 5 mg/kg or more, but less than 50 mg/kg and produce slight reduction of amenities. Other Liquid Substances (for the purposes of Regulation 4 of this Annex) Substances other than those categorized in Categories A, B, C and D above. LIST OF NOXIOUS LIQUID SUBSTANCES CARRIED IN BULK UN Number Pollution Category for operational discharge Residual concentration (per cent by weight) (Regulation 3 of (Regulation 5(1) of (Regulation 5(7) of I II III Outside special areas IV Within special areas Acetaldehyde C Acetic acid C Acetic anhydride C Acetone D Acetone cyanohydrin A 0.1 0.05 Acetyl chloride C Acrolein A 0.1 0.05 Acrylic acid* .. C Acrylonitrile B Andiponitrile .. D Alkylbenzene sulfonate (straight chain) .. C (branched chain) B Allyl alcohol B Allyl chloride C Alum (15% solution) .. D Aminoethylethanolamine (Hydroxyethyl-ethylene-diamine)* .. D Ammonia (28% aqueous) B iso-Amyl acetate C n-Amyl acetate C n-Amyl alcohol .. D Aniline C Benzene C Benzyl alcohol .. D Benzyl chloride B n-Butyl acetate D sec-Butyl acetate D n-Butyl acrylate .. D Butyl butyrate* .. B Butylene glycol(s) .. D Butyl methacrylate .. D n-Butyraldehyde B Butyric acid .. B Calcium hydroxide (solution) .. D Camphor oil B Carbon disulphide A 0.01 Carbon tetrachloride B Caustic potash (Potassium hydroxide) C Chloroacetic acid C Chloroform B Chlorohydrins (crude)* .. D Chloroprene* C Chlorosulphonic acid C para-Chlorotoluene .. B Citric acid (10%-25%) .. D Creosote A 0.1 0.05 Cresols A 0.1 0.05 Cresylic acid A 0.1 0.05 Crotonaldehyde B Cumene C Cyclohexane C Cyclohexanol .. D Cyclohexanone D Cyclohexylamine* .. D para-Cymene (Isopropyltoluene)* D Decahydronaphthalene D Decane* .. D Diacetone alcohol* D Dibenzyl ether* .. C Dichlorobenzenes A 0.1 0.05 Dichloroethyl ether B Dichloropropene— Dichloropropane mixture (D.D. Soil fumigant) B Diethylamine C Diethylbenzene (mixed isomers) C Diethyl ether D Diethylenetriamine* C Diethylene glycol monoethyl ether .. C Diethylketone (3-Pentanone) D Diisobutylene* D Diisobutyl ketone D Diisopropanolamine .. C Diisopropylamine C Diisopropyl ether* D Dimethylamine (40% aqueous) C Dimethylethanolamine (2-Dimethylamino-ethanol)* C Dimethylformamide .. D 1,4-Dioxane* C Diphenyl/Diphenyloxide, mixtures* .. D Dodecylbenzene .. C Epichlorohydrin B 2-Ethoxyethyl acetate* D Ethyl acetate D Ethyl acrylate D Ethyl amyl ketone* .. C Ethylbenzene C Ethyl cyclohexane .. D Ethylene chlorohydrin (2-Chloro-ethanol) D Ethylene cyanohydrin* .. D Ethylenediamine C Ethylene dibromide B Ethylene dichloride B Ethylene glycol monoethyl ether (Methyl cellosolve) D 2-Ethylhexyl acrylate* .. D 2-Ethylhexyl alcohol .. C Ethyl lactate* D 2-Ethyl 3-propyl-acrolein* .. B Formaldehyde (37–50% solution) C Formic acid D Furfuryl alcohol .. C Heptanoic acid* .. D Hexamethylenediamine* C Hydrochloric acid D Hydrofluoric acid (40% aqueous) B Hydrogen peroxide (greater than 60%) C Isobutyl acrylate .. D Isobutyl alcohol D Isobutyl methacrylate .. D Isobutyraldehyde C Isooctane* .. D Isopentane .. D Isophorone .. D Isopropylamine C Isopropyl cyclohexane .. D Isoprene D Lactic acid .. D Mesityl oxide* C Methyl acetate D Methyl acrylate C Methylamyl alcohol .. D Methylene chloride B 2-Methyl-5-Ethyl-pyridine* .. B Methyl methacrylate D 2-Methylpentene* .. D alpha-Methylstyrene* .. D Monochlorobenzene B Monoethanolamine .. D Monoisopropanolamine .. C Monomethyl ethanolamine .. C Mononitrobenzene .. C Monoisopropylamine .. C Morpholine* C Naphthalene (molten) A 0.1 0.05 Naphthenic acids* .. A 0.1 0.05 Nitric acid (90%) 2031/ C 2-Nitropropane .. D ortho-Nitrotoluene C Nonyl alcohol* .. C Nonylphenol .. C n-Octanol .. C Oleum C Oxalic acid (10–25%) .. D Pentachloroethane B n-Pentane C Perchloroethylene (Tetrachloroethylene) B Phenol B Phosphoric acid D Phosphorus (elemental) A 0.01 Phthalic anhydride (molten) .. C beta-Propiolactone* .. B Propionaldehyde D Propionic acid D Propionic anhydride .. D n-Propyl acetate* C n-Propyl alcohol D n-Propylamine C Pyridine B Silicon tetrachloride D Sodium bichromate (solution) .. C Sodium hydroxide C Sodium pentachlorophenate (solution) .. A 0.1 0.05 Styrene monomer C Sulphuric acid 1830/ 1831/ C Tallow .. D Tetraethyl lead A 0.1 0.05 Tetrahydrofuran D Tetrahydronaphthalene C Tetramethylbenzene .. D Tetramethyl lead A 0.1 0.05 Titanium tetrachloride D Toluene C Toluene diisocyanate* B Trichloroethane .. C Trichlorethylene B Triethanolamine .. D Triethylamine C Trimethylbenzene* .. C Tritolyl phosphate (Tricresyl phosphate)* .. B Turpentine (wood) B Vinyl acetate C Vinylidene chloride* B Xylenes (mixed isomers) C * Asterisk indicates that the substance has been provisionally included in this list and that further data are necessary in order to complete the evaluation of its environmental hazards, particularly in relation to living resources. LIST OF OTHER LIQUID SUBSTANCES CARRIED IN BULK Acetonitrile (Methyl cyanide) Olive Oil tert-Amyl alcohol Polypropylene glycol n-Butyl-alcohol iso-Propyl acetate Butyrolactone iso-Propyl alcohol Calcium chloride(solution) Propylene glycol Castor Oil Propylene oxide Citric juices Propylene tetramer Coconut oil Propylene trimer Cod liver oil Sorbitol iso-Decyl alcohol Sulphur (liquid) n-Decyl alcohol Tridecanol Decyl octyl alcohol Triethylene glycol Dibutyl ether Triethylenetetramine Diethanolamine Tripropylene glycol Diethylene glycol Water Dipentene Wine Dipropylene glycol Ethyl alcohol Ethylene glycol Fatty alcohols (C12-C20) Glycerine n-Heptane Heptene (Mixed isomers) n-Hexane Ligroin Methyl alcohol Methyamyl acetate Methylethyl ketone (2-butanone) Milk Molasses Appendix IV Name of ship .................................................................................................................................... Cargo carrying capacity of each tank in cubic metres ........................................................................................................................ Voyage from ............................................................ to ............................................................ (a) Loading of cargo 1. Date and place of loading 2. Name and category of cargo(es) loaded 3. Identity of tank(s) loaded (b) Transfer of cargo 4. Date of transfer 5. Identity of tank(s) (i) From (ii) To 6. Was (were) tank(s) in 5(i) emptied? 7. If not, quantity remaining (c) Unloading of cargo 8. Date and place of unloading 9. Identity of tank(s) unloaded 10. Was (were) tank(s) emptied? 11. If not, quantity remaining in tank(s) 12. Is (are) tank(s) to be cleaned? 13. Amount transferred to slop tank 14. Identity of slop tank (d) Ballasting of cargo tanks 15. Identity of tank(s) ballasted 16. Date and position of ship at start of ballasting (e) Cleaning of cargo tanks Category A substances 17. Identity of tank(s) cleaned 18. Date and location of cleaning 19. Method(s) of cleaning 20. Location of reception facility used 21. Concentration of effluent when discharge to reception facility stopped 22. Quantity remaining in tank 23. Procedure and amount of water introduced into tank in final cleaning 24. Location, date of discharge into sea 25. Procedure and equipment used in discharge into the sea Category B, C and D substances 26. Washing procedure used 27. Quantity of water used 28. Date, location of discharge into sea 29. Procedure and equipment used in discharge into the sea (f) Transfer of dirty ballast water 30. Identity of tank(s) 31. Date and position of ship at start of discharge into sea 32. Date and position of ship at finish of discharge into sea 33. Ship's speed(s) during discharge 34. Quantity discharged into sea 35. Quantity of polluted water transferred to slop tank(s) (identify slop tank(s)) 36. Date and port of discharge to shore reception facilities (if applicable) (g) Transfer from slop tank/disposal of residue 37. Identity of slop tank(s) 38. Quantity disposed from each tank 39. Method of disposal of residue: (b) Mixed with cargo (c) Transferred to another (other) tank(s) (identify tank(s)) (d) Other method 40. Date and port of disposal of residue (h) Accidental or other exceptional discharge 41. Date and time of occurrence 42. Place or position of ship at time of occurrence 43. Approximate quantity, name and category of substance 44. Circumstances of discharge or escape and general remarks. ............................................................ Signature of Master Appendix V INTERNATIONAL POLLUTION PREVENTION CERTIFICATE FOR THE CARRIAGE OF NOXIOUS LIQUID SUBSTANCES IN BULK (1973) (Note: This Certificate shall be supplemented in the case of a chemical tanker by the certificate required pursuant to the provisions of Regulation 13(3) of Annex II of the Convention) (Official Seal) Issued under the provisions of the International Convention for the Prevention of Pollution from Ships, 1973, under the authority of the Government. of ................................................................................................................................................ (full official designation of the country) by ................................................................................................................................................ (full official designation of the competent person or organization authorized under the provisions of the International Convention for the Prevention of Pollution from Ships, 1973) Distinctive Number or Letter Gross Tonnage 1. That the ship has been surveyed in accordance with the provisions of Regulation 10 of Annex II of the Convention. 2. That the survey showed that the design, construction and equipment of the ship are such as to minimize the uncontrolled discharge into the sea of noxious liquid substances. 3. That the following arrangements and procedures have been approved by the Administration in connection with the implementation of Regulation 5 of Annex II of the Convention: ................................................................................................................................................ (Continued on the annexed signed and dated sheet(s)) ................................................................................................................................................ This Certificate is valid until ................................................................................................ subject to intermediate survey(s) at intervals of ............................................................ Issued at .................................................................................................................................... .................................... 19 ...... Intermediate Surveys This is to certify that at an intermediate survey required by Regulation 10(1)(c) of Annex II of the Convention, this ship and the condition thereof are found to comply with the relevant provisions of the Convention. Date Date Under the provisions of Regulation 12(2) and (4) of Annex II of the Convention the validity of this Certificate is extended until ............................................................ Date Annex III REGULATIONS FOR THE PREVENTION OF POLLUTION BY HARMFUL SUBSTANCES CARRIED BY SEA IN PACKAGED FORM (1) Unless expressly provided otherwise, the regulations of this Annex apply to all ships carrying harmful substances in packaged form. (1.1) For the purposes of this Annex, "harmful substances" are those substances which are identified as marine pollutants in the International Maritime Dangerous Goods Code (IMDG Code).* (1.2) Guidelines for the identification of harmful substances in packaged form are given in the appendix to this Annex. (1.3) For the purposes of this Annex, "packaged form" is defined as the forms of containment specified for harmful substances in the IMDG Code. (2) The carriage of harmful substances is prohibited, except 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 preventing or minimising pollution of the marine environment by harmful substances.* (4) For the purposes of this Annex, empty packagings which have been used previously for the carriage of harmful substances shall themselves be treated as harmful substances unless adequate precautions have been taken to ensure that they contain no residue that is harmful to the marine environment. (5) The requirements of this Annex do not apply to ships stores and equipment. * Refer to IMDG Code adopted by Organisation by resolution A.716(17), as it has been or may be amended by the Maritime Safety Committee; see IMO sales publications IMO-200E and IMO-210E. Packing Packages shall be adequate to minimise the hazard to the marine environment, having regard to their specific contents. Marking and labelling (1) Packages containing a harmful substance shall be durably marked with the correct technical name (trade names alone shall not be used) and, further, shall be durably marked or labelled to indicate that the substance is a marine pollutant. Such identification shall be supplemented where possible by any other means, for example, by the use of the relevant United Nations number. (2) The method of marking the correct technical name and of affixing labels on packages containing a harmful substance shall be such that this information will still be identifiable on packages surviving at least three months' immersion in the sea. In considering suitable marking and labelling, account shall be taken of the durability of the materials used and of the surface of the package. (3) Packages containing small quantities of harmful substances may be exempted from the marking requirements.* * Refer to the specific exemptions provided for in the IMDG Code; see IMO sales publications IMO-200E and IMO-210E. Regulation 4* Documentation (1) In all documents relating to the carriage of harmful substances by sea where such substances are named, the correct technical name of each such substance shall be used (trade names alone shall not be used) and the substance further identified by the addition of the words "MARINE POLLUTANT". (2) The shipping documents supplied by the shipper shall include, or be accompanied by, a signed certificate or declaration that the shipment offered for carriage is properly packaged and marked, or labelled and in proper condition for carriage to minimise the hazard to the marine environment. (3) Each ship carrying harmful substances shall have a special list or manifest setting forth the harmful substances on board and the location thereof. A detailed stowage plan which sets out the location of the harmful substances on board may be used in place of such special list or manifest. Copies of such documents shall also be retained on shore by the owner of the ship or his representative until the harmful substances are unloaded. A copy of one of these documents shall be made available before departure to the person or organisation designated by the port State authority. (4) When the ship carries a special list or manifest or a detailed stowage plan, required for the carriage of dangerous goods by the International Convention for the Safety of Life at Sea, 1974, as amended, the documents required by this regulation may be combined with those for dangerous goods. Where documents are combined, a clear distinction shall be made between dangerous goods and harmful substances covered by this Annex. *Reference to "documents" in this regulation does not preclude the use of electronic data processing (EDP) and electronic data interchange (EDI) transmission techniques as an aid to paper documentation. Stowage Harmful substances shall be properly stowed and secured so as to minimise the hazards to the marine environment without impairing the safety of the ship and persons on board. Quantity limitations Certain harmful substances may, for sound scientific and technical reasons, need to be prohibited for carriage or be limited as to the quantity which may be carried aboard any one ship. In limiting the quantity, due consideration shall be given to size, construction and equipment of the ship as well as packaging and the inherent nature of the substances. (1) Jettisoning of harmful substances carried in packaged form shall be prohibited, except where 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 based on the physical, chemical and biological properties of harmful substances shall be taken to regulate the washing of leakages overboard provided that compliance with such measures would not impair the safety of the ship and persons on board. Port State control on operational requirements* (1) A ship when in a port of another party is subject to inspection by officers duly authorised 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 harmful 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 in the present Convention. * Refer to the Procedures for port State control adopted by the Organisation by resolution A.787(19); see IMO sales publication IMO 550 E. Appendix GUIDELINES FOR THE IDENTIFICATION OF HARMFUL SUBSTANCES IN PACKAGED FORM For the purposes of this Annex, substances identified by any one of the following criteria are harmful substances: — bioaccumulated to a significant extent and known to produce a hazard to aquatic life or to human health (Hazard Rating "+" in column A*); or — bioaccumulated with attendant risk to aquatic organisms or to human health with a short retention of the order of one week or less (Hazard Rating "Z" in column A*); or — liable to produce tainting of seafood (Hazard Rating "T" in column A*); or — highly toxic to aquatic life, defined by an LC50/96** hour less than 1 ppm (Hazard rating "4" in column B*). * Reference is made to the Composite List of Hazard Profiles, prepared by the IMO/FAO/UNESCO/ WMO/WHO/IAEA/UN/UNEP Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP) which is circulated annually by the Organisation by means of BLG circulars to all IMO Member States. ** The concentration of a substance which will, within the specified time (generally 96 hours) kill 50 per cent of the exposed group of test organisms. LC50 is often specified in milligrams per litre (mg/l) or (parts per million (ppm)). Annex V REGULATIONS FOR THE PREVENTION OF POLLUTION BY GARBAGE FROM SHIPS For the purposes of this Annex: (1) Garbage means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except those substances which are defined or listed in other Annexes to the present Convention. (2) 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. thence to a point latitude 9° 10′ S. longitude 143° 52′ E. thence to a point latitude 9° 00′ S. longitude 144° 30′ E. thence to a point latitude 13° 00′ S. longitude 144° 00′ E. thence to a point latitude 15° 00′ S. longitude 146° 00′ E. thence to a point latitude 18° 00′ S. longitude 147° 00′ E. thence to a point latitude 21° 00′ S. longitude 153° 00′ E. thence to a point on the coast of Australia in latitude 24° 42′ S. longitude 153° 15′ E. (3) Special area means a sea area where for recognised technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by garbage is required. Special areas shall include those listed in regulation 5 of this Annex. Unless expressly provided otherwise, the provisions of this Annex shall apply to all ships. Disposal of garbage outside special areas (1) Subject to the provisions of regulations 4, 5 and 6 of this Annex: (a) the disposal into the sea of all plastics, including but not limited to synthetic ropes, synthetic fishing nets and plastic garbage bags, is prohibited; (b) the disposal into the sea of the following garbage shall be made as far as practicable from the nearest land but in any case is prohibited if the distance from the nearest land is less than: (i) 25 nautical miles for dunnage, lining and packing materials which will float; (ii) 12 nautical miles for food wastes and all other garbage including paper products, rags, glass, metal, bottles, crockery and similar refuse; (c) disposal into the sea of garbage specified in subparagraph (b)(ii) of this regulation may be permitted when it has passed through a comminuter or grinder and made as far as practicable from the nearest land but in any case is prohibited if the distance from the nearest land is less than 3 nautical miles. Such comminuted or ground garbage shall be capable of passing through a screen with openings no greater than 25 mm. (2) When the garbage is mixed with other discharges having different disposal or discharge requirements the more stringent requirements shall apply. Special requirements for disposal of garbage (1) Subject to the provisions of paragraph (2) of this regulation, the disposal of any materials regulated by this Annex is prohibited from fixed or floating platforms engaged in the exploration, exploitation and associated offshore processing of sea-bed mineral resources, and from all other ships when alongside or within 500 m of such platforms. (2) The disposal into the sea of food wastes may be permitted when they have been passed through a comminuter or grinder from such fixed or floating platforms located more than 12 nautical miles from land and all other ships when alongside or within 500 m of such platforms. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 mm. Disposal of garbage within special areas (1) For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the "Gulfs area", the North Sea area, the Antarctic area and the Wider Caribbean Region, including the Gulf of Mexico and the Caribbean Sea, which are defined as follows: (a) The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41° N parallel and bounded to the west by the Straits of Gibraltar at the meridian 5° 36′ W. (b) The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia and the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57° 44.8′ N. (c) The Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41° N. (d) The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12° 8.5′ N, 43° 19.6′ E) and Husn Murad (12° 40.4′ N, 43° 30.2′ E). (e) The Gulfs area means the sea area located north-west of the rhumb line between Ras al Hadd (22° 30′ N, 59° 48′ E) and Ras al Fasteh (25° 04′ N, 61° 25′ E). (f) The North Sea area means the North Sea proper including seas therein with the boundary between: (i) the North Sea southwards of latitude 62° N and eastwards of longitude 4° W; (ii) the Skagerrak, the southern limit of which is determined east of the Skaw by latitude 57° 44.8′ N; and (iii) the English Channel and its approaches eastwards of longitude 5° W and northwards of latitude 48° 30′ N. (g) The Antarctic area means the sea area south of latitude 60° S. (h) The Wider Caribbean Region, as defined in article 2, paragraph 1 of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena de Indias, 1983), means the Gulf of Mexico and Caribbean Sea proper including the bays and seas therein and that portion of the Atlantic Ocean within the boundary constituted by the 30° N parallel from Florida eastward to 77° 30′ W meridian, thence a rhumb line to the intersection of 20 °N parallel and 59′ W meridian, thence a rhumb line to the intersection of 7° 20′ N parallel and 50° W meridian, thence a rhumb line drawn south-westerly to the eastern boundary of French Guiana. (2) Subject to the provisions of regulation 6 of this Annex: (a) disposal into the sea of the following is prohibited: (i) all plastics, including but not limited to synthetic ropes, synthetic fishing nets and plastic garbage bags; and (ii) all other garbage, including paper products, rags, glass, metal, bottles, crockery, dunnage, lining and packing materials; (b) except as provided in subparagraph (c) of this paragraph, disposal into the sea of food wastes shall be made as far as practicable from land, but in any case not less than 12 nautical miles from the nearest land; (c) disposal into the Wider Caribbean Region of food wastes which have been passed through a comminuter or grinder shall be made as far as practicable from land, but in any case not less than 3 nautical miles from the nearest land. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 mm. (3) When the garbage is mixed with other discharges having different disposal or discharge requirements the more stringent requirements shall apply. (4) Reception facilities within special areas: (a) The Government of each Party to the Convention, the coastline of which borders a special area, undertakes to ensure that as soon as possible in all ports within a special area adequate reception facilities are provided in accordance with regulation 7 of this Annex, taking into account the special needs of ships operating in these areas. (b) The Government of each Party concerned shall notify the Organisation of the measures taken pursuant to subparagraph (a) of this regulation. Upon receipt of sufficient notifications the Organisation shall establish a date from which the requirements of this regulation in respect of the area in question shall take effect. The Organisation shall notify all Parties of the date so established no less than twelve months in advance of that date. (c) After the date so established, ships calling also at ports in these special areas where such facilities are not yet available, shall fully comply with the requirements of this regulation. (5) Notwithstanding paragraph 4 of this regulation, the following rules apply to the Antarctic area: (a) The Government of each Party to the Convention at whose ports ships depart en route to or arrive from the Antarctic area undertakes to ensure that as soon as practicable adequate facilities are provided for the reception of all garbage from all ships, without causing undue delay, and according to the needs of the ships using them. (b) The Government of each Party to the Convention shall ensure that all ships entitled to fly its flag, before entering the Antarctic area, have sufficient capacity on board for the retention of all garbage while operating in the area and have concluded arrangements to discharge such garbage at a reception facility after leaving the area. Regulations 3, 4 and 5 of this Annex shall not apply to: (a) the disposal of garbage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or (b) the escape of garbage resulting from damage to a ship or its equipment provided all reasonable precautions have been taken before and after the occurrence of the damage, for the purpose of preventing or minimising the escape; or (c) the accidental loss of synthetic fishing nets, provided that all reasonable precautions have been taken to prevent such loss. Reception facilities (1) The Government of each Party to the Convention undertakes to ensure the provision of facilities at ports and terminals for the reception of garbage, without causing undue delay to ships, and according to the needs of the ships using them. (2) The Government of each Party shall notify the Organisation for transmission to the Parties concerned of all cases where the facilities provided under this regulation are alleged to be inadequate. Port State control on operational requirements* (1) A ship when in a port of another Party is subject to inspection by officers duly authorised 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 garbage. (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 in the present Convention. * Refer to the Procedures for port State control adopted by the Organisation by resolution A.787(19); see IMO sales publication IMO-650E. Placards, garbage management plans and garbage record-keeping (1) — (a) Every ship of 12 m or more in length overall shall display placards which notify the crew and passengers of the disposal requirements of regulations 3 and 5 of this Annex, as applicable. (b) The placards shall be written in the official language of the State whose flag the ship is entitled to fly and, for ships engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention, in English or French. (2) Every ship of 400 tons gross tonnage and above, and every ship which is certified to carry 15 persons or more, shall carry a garbage management plan which the crew shall follow. This plan shall provide written procedures for collecting, storing, processing and disposing of garbage, including the use of the equipment on board. It shall also designate the person in charge of carrying out the plan. Such a plan shall be in accordance with the guidelines developed by the Organisation* and written in the working language of the crew. (3) Every ship of 400 tons gross tonnage and above and every ship which is certified to carry 15 persons or more engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention and every fixed and floating platform engaged in exploration and exploitation of the sea-bed shall be provided with a Garbage Record Book. The Garbage Record Book, whether as a part of the ship's official log-book or otherwise, shall be in the form specified in the appendix to this Annex. (a) each discharge operation, or completed incineration, shall be recorded in the Garbage Record Book and signed for on the date of the incineration or discharge by the officer in charge. Each completed page of the Garbage Record Book shall be signed by the master of the ship. The entries in the Garbage Record Book shall be both in an official language of the State whose flag the ship is entitled to fly, and 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; (b) the entry for each incineration or discharge shall include date and time, position of the ship, description of the garbage and the estimated amount incinerated or discharged; (c) the Garbage Record Book shall be kept on board the ship and in such a place as to be available for inspection in a reasonable time. This document shall be preserved for a period of two years after the last entry is made on the record; (d) in the event of discharge, escape or accidental loss referred to in regulation 6 of this Annex an entry shall be made in the Garbage Record Book of the circumstances of, and the reasons for, the loss. * Refer to the Guidelines for the development of garbage management plans adopted by the Marine Environment Protection Committee of the Organisation by resolution MEPC.70(38); see MEPC/Circ.317 and IMO sales publication IMO-656E. (4) The Administration may waive the requirements for Garbage Record Books for: (a) any ship engaged on voyages of 1 hour or less in duration which is certified to carry 15 persons or more; or (b) fixed or floating platforms while engaged in exploration and exploitation of the sea-bed. (5) The competent authority of the Government of a Party to the Convention may inspect the Garbage Record Book on board any ship to which this regulation applies while the ship is in its ports or offshore terminals 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 an 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 Garbage Record Book, shall be admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of a Garbage 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. (6) In the case of ships built before 1 July 1997, this regulation shall apply as from 1 July 1998. Appendix Form of Garbage Record Book Name of ship:____________________________________________________________ Distinctive number or letters:________________________________________________ IMO No.:__________________________________________________________________ Period: From:______________________________ To: ______________________________