Internationaal Verdrag ter voorkoming van verontreiniging door schepen, 1973, zoals gewijzigd door het Protocol van 1978 daarbij, Londen, 02-11-1973

Geraadpleegd op 09-12-2023.
Geldend van 01-01-2021 t/m 31-03-2022

Internationaal Verdrag ter voorkoming van verontreiniging door schepen, 1973, zoals gewijzigd door het Protocol van 1978 daarbij

Authentiek : EN

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. Definitions

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.

• (3)

  • (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 seabed 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. Application

• (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 nominated surveyors or recognized organizations which are authorized to act on their behalf in the administration of matters relating to the design, construction, equipment and operation of ships carrying harmful substances in accordance with the provisions of the Regulations for circulation to the Parties for information of their officers. The Administration shall therefore notify the Organization of the specific responsibilities and conditions of the authority delegated to nominated surveyors or recognized organizations;

  • (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 sub-paragraphs (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”) of 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).

• (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 15 States, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world merchant shipping, have become parties to it in accordance with Article 13.

• (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) above, 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) 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 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 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) above;

    • (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) above;

  • (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), 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), 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), 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) above.

• (4)

  • (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 next 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.

Protocol I. Provisions concerning reports on incidents involving harmful substances

(in accordance with Article 8 of the Convention)

Article I. Duty to Report

• (1) The Master or other person having charge of any ship involved in an incident referred to in Article II of this Protocol 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 this Article being abandoned, or in the event of a report from such a ship being incomplete or unobtainable, the owner, charterer, manager or operator of the ship, or their agent shall, to the fullest extent possible, assume the obligations placed upon the Master under the provisions of this Protocol.

Article II. When to Make Reports

• (1) The report shall be made when an incident involves:

  • a) a discharge above the permitted level or probable discharge of oil or of noxious liquid substances for whatever reason including those for the purpose of securing the safety of the ship or for saving life at sea; or

  • b) a discharge or probable discharge of harmful substances in packaged form, including those in freight containers, portable tanks, road and rail vehicles and shipborne barges; or

  • c) damage, failure or breakdown of a ship of 15 metres in length or above which:

    • (i) affects the safety of the ship; including but not limited to collision, grounding, fire, explosion, structural failure, flooding, and cargo shifting; or

    • (ii) results to impairment of the safety of navigation; including but not limited to, failure or breakdown of steering gear, propulsion plant, electrical generating system, and essential shipborne navigational aids; or

  • d) a discharge during the operation of the ship of oil or noxious liquid substances in excess of the quantity or instantaneous rate permitted under the present Convention.

• (2) For the purposes of this Protocol:

  • (a) “Oil” referred to in subparagraph l(a) of this Article means oil as defined in Regulation 1(1) of Annex I of the Convention.

  • (b) “Noxious liquid substances” referred to in sub-paragraph l(a) of this Article means noxious liquid substances as defined in Regulation 1(6) of Annex II of the Convention.

  • (c) “Harmful substances” in packaged form referred to in sub-paragraph l(b) of this Article means substances which are identified as marine pollutants in the International Maritime Dangerous Goods (IMDG) Code.

Article III. Contents of Report

Reports shall in any case include:

• (a) identity of ships involved;

• (b) time, type and location of incident;

• (c) quantity and type of harmful substance involved;

• (d) assistance and salvage measures.

Article IV. 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, and provide information concerning further developments; and

• (b) comply as fully as possible with requests from affected States for additional information.

Article V. Reporting Procedures

• (1) Reports shall be made by the fastest telecommunications channels available with the highest possible priority to the nearest coastal State.

• (2) In order to implement the provisions of this Protocol, Parties to the present Convention shall issue, or cause to be issued, regulations or instructions on the procedures to be followed in reporting incidents involving harmful substances, based on guidelines developed by the Organization.

Protocol II. Arbitration

(in accordance with Article 10 of the Convention)

Article I

Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol.

Article II

• (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.

Article III

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.

Article IV

• (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.

Article V

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.

Annex I. Regulations for the prevention of pollution by oil

CHAPTER 1. GENERAL

Regulation 1. - Definitions

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 those 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. Crude oil means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation and includes:

  • .1 crude oil from which certain distillate fractions may have been removed; and

  • .2 crude oil to which certain distillate fractions may have been added.

• 3. Oily mixture means a mixture with any oil content.

• 4. 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.

• 5. Oil tanker means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers, any “NLS tanker” as defined in Annex II of the present Convention and any gas carrier as defined in regulation 3.20 of chapter II-1 of SOLAS 74 (as amended), when carrying a cargo or part cargo of oil in bulk.

• 6. Crude oil tanker means an oil tanker engaged in the trade of carrying crude oil.

• 7. Product carrier means an oil tanker engaged in the trade of carrying oil other than crude oil.

• 8. Combination carrier means a ship designed to carry either oil or solid cargoes in bulk.

• 9. Major conversion:

• .1 means a conversion of a ship:

  • .1 which substantially alters the dimensions or carrying capacity of the ship; or

  • .2 which changes the type of the ship; or

  • .3 the intent of which in the opinion of the Administration is substantially to prolong its life; or

  • .4 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.

• .2 Notwithstanding the provisions of this definition:

  • .1 conversion of an oil tanker of 20,000 tonnes deadweight and above delivered on or before 1 June 1982, as defined in regulation 1.28.3, to meet the requirements of regulation 18 of this Annex shall not be deemed to constitute a major conversion for the purpose of this Annex; and

  • .2 conversion of an oil tanker delivered before 6 July 1996, as defined in regulation 1.28.5, to meet the requirements of regulation 19 or 20 of this Annex shall not be deemed to constitute a major conversion for the purpose of this Annex.

• 10. 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 10°41’ S, longitude 145°00’ E,

  • thence to a point latitude 13°00’ S, longitude 145°00’ E,

  • thence to a point latitude 15°00’ S, longitude 146°00’ E,

  • thence to a point latitude 17°30’ S, longitude 147°00’ E,

  • thence to a point latitude 21°00’ S, longitude 152°55’ E,

  • thence to a point latitude 24°30’ S, longitude 154°00’ E,

  • thence to a point on the coast of Australia

    in latitude 24°42’ S, longitude 153°15’ E.

• 11. 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.

  For the purposes of this Annex, the special areas are defined as follows:

  • .1 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 005°36’ W;

  • .2 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;

  • .3 the Black Sea area means the Black Sea proper with the boundary between the Mediterranean Sea and the Black Sea constituted by the parallel 41° N;

  • .4 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°28.5’ N, 043°19.6’ E) and Husn Murad (12°40.4’ N, 043°30.2’ E);

  • .5 the Gulfs area means the sea area located north-west of the rhumb line between Ras al Hadd (22°30’ N, 059°48’ E) and Ras al Fasteh (25°04’ N, 061° 25’ E);

  • .6 the Gulf of Aden area means that part of the Gulf of Aden between the Red Sea and the Arabian Sea bounded to the west by the rhumb line between Ras si Ane (12°28.5’ N, 043°19.6’ E) and Husn Murad (12°40.4’ N, 043°30.2’ E) and to the east by the rhumb line between Ras Asir (11°50’ N, 051°16.9’ E) and the Ras Fartak (15°35’ N, 052°13.8’ E);

  • .7 the Antarctic area means the sea area south of latitude 60°S; and

  • .8 the North West European waters include the North Sea and its approaches, the Irish Sea and its approaches, the Celtic Sea, the English Channel and its approaches and part of the North East Atlantic immediately to the west of Ireland. The area is bounded by lines joining the following points:

    • 48° 27’ N on the French coast

    • 48° 27’ N; 006° 25’ W

    • 49° 52’ N; 007° 44’ W

    • 50° 30’ N; 012° W

    • 56° 30’ N; 012° W

    • 62° N; 003° W

    • 62° N on the Norwegian coast

    • 57° 44.8’ N on the Danish and Swedish coasts

  • .9 the Oman area of the Arabian Sea means the sea area enclosed by the following coordinates:

    • 22° 30.00’ N; 059° 48.00’ E

    • 23° 47.27’ N; 060° 35.73’ E

    • 22° 40.62’ N; 062° 25.29’ E

    • 21° 47.40’ N; 063° 22.22’ E

    • 20° 30.37’ N; 062° 52.41’ E

    • 19° 45.90’ N; 062° 25.97’ E

    • 18° 49.92’ N; 062° 02.94’ E

    • 17° 44.36’ N; 061° 05.53’ E

    • 16° 43.71’ N; 060° 25.62’ E

    • 16° 03.90’ N; 059° 32.24’ E

    • 15° 15.20’ N; 058° 58.52’ E

    • 14° 36.93’ N; 058° 10.23’ E

    • 14° 18.93’ N; 057° 27.03’ E

    • 14° 11.53’ N; 056° 53.75’ E

    • 13° 53.80’ N; 056° 19.24’ E

    • 13° 45.86’ N; 055° 54.53’ E

    • 14° 27.38’ N; 054° 51.42’ E

    • 14° 40.10’ N; 054° 27.35’ E

    • 14° 46.21’ N; 054° 08.56’ E

    • 15° 20.74’ N; 053° 38.33’ E

    • 15° 48.69’ N; 053° 32.07’ E

    • 16° 23.02’ N; 053° 14.82’ E

    • 16° 39.06’ N; 053° 06.52’ E

  • .10. the Southern South African waters means the sea area enclosed by the following co-ordinates:

    31° 14’ S; 017° 50’ E

    31° 30’ S; 017° 12’ E

    32° 00’ S; 017° 06’ E

    32° 32’ S; 016° 52’ E

    34° 06’ S; 017° 24’ E

    36° 58’ S; 020° 54’ E

    36° 00’ S; 022° 30’ E

    35° 14’ S; 022° 54’ E

    34° 30’ S; 026° 00’ E

    33° 48’ S; 027° 25’ E

    33° 27’ S: 027° 12’ E

• 12. 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.

• 13. 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.

• 14. Wing tank means any tank adjacent to the side shell plating.

• 15. Centre tank means any tank inboard of a longitudinal bulkhead.

• 16. Slop tank means a tank specifically designated for the collection of tank drainings, tank washings and other oily mixtures.

• 17. 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.

• 18. 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 liquid substances as variously defined in the Annexes of the present Convention.

• 19. 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.

• 20. 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.

• 21. Amidships is at the middle of the length (L).

• 22. 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.

• 23. Deadweight (DW) means the difference in tonnes between the displacement of a ship in water of a relative density of 1.025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the ship.

• 24. Lightweight means the displacement of a ship in metric tons without cargo, fuel, lubricating oil, ballast water, fresh water and feed water in tanks, consumable stores, and passengers and crew and their effects.

• 25. 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.

• 26. Volumes and areas in a ship shall be calculated in all cases to moulded lines.

• 27. Anniversary date means the day and the month of each year, which will correspond to the date of expiry of the International Oil Pollution Prevention Certificate.

• 28.1 ship delivered on or before 31 December 1979 means a ship:

  • .1 for which the building contract is placed on or before 31 December 1975; or

  • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or before 30 June 1976; or

  • .3 the delivery of which is on or before 31 December 1979; or

  • .4 which has undergone a major conversion:

    • .1 for which the contract is placed on or before 31 December 1975; or

    • .2 in the absence of a contract, the construction work of which is begun on or before 30 June 1976; or

    • .3 which is completed on or before 31 December 1979.

• 28.2 ship delivered after 31 December 1979 means a ship:

  • .1 for which the building contract is placed after 31 December 1975; or

  • .2 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

  • .3 the delivery of which is after 31 December 1979; or

  • .4 which has undergone a major conversion:

    • .1 for which the contract is placed after 31 December 1975; or

    • .2 in the absence of a contract, the construction work of which is begun after 30 June 1976; or

    • .3 which is completed after 31 December 1979.

• 28.3 oil tanker delivered on or before 1 June 1982means an oil tanker:

  • .1 for which the building contract is placed on or before 1 June 1979; or

  • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or before 1 January 1980; or

  • .3 the delivery of which is on or before 1 June 1982; or

  • .4 which has undergone a major conversion:

    • .1 for which the contract is placed on or before 1 June 1979; or

    • .2 in the absence of a contract, the construction work of which is begun on or before 1 January 1980; or

    • .3 which is completed on or before 1 June 1982.

• 28.4 oil tanker delivered after 1 June 1982 means an oil tanker:

  • .1 for which the building contract is placed after 1 June 1979; or

  • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 1 January 1980; or

  • .3 the delivery of which is after 1 June 1982; or

  • .4 which has undergone a major conversion:

    • .1 for which the contract is placed after 1 June 1982; or

    • .2 in the absence of a contract, the construction work of which is begun after 1 January 1980 or

    • .3 which is completed after 1 June 1982.

• 28.5 oil tanker delivered before 6 July 1996 means an oil tanker:

  • .1 for which the building contract is placed before 6 July 1993; or

  • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction before 6 January 1994; or

  • .3 the delivery of which is before 6 July 1996; or

  • .4 which has undergone a major conversion:

    • .1 for which the contract is placed before 6 July 1993; or

    • .2 in the absence of a contract, the construction work of which is begun before 6 January 1994; or

    • .3 which is completed before 6 July 1996.

• 28.6 oil tanker delivered on or after 6 July 1996means an oil tanker:

  • .1 for which the building contract is placed on or after 6 July 1993; or

  • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 6 January 1994; or

  • .3 the delivery of which is on or after 6 July 1996; or

  • .4 which has undergone a major conversion:

    • .1 for which the contract is placed on or after 6 July 1993; or

    • .2 in the absence of a contract, the construction work of which is begun on or after 6 January 1994 or

    • .3 which is completed on or after 6 July 1996.

• 28.7 oil tanker delivered on or after 1 February 2002 means an oil tanker:

  • .1 for which the building contract is placed on or after 1 February 1999; or

  • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 1 August 1999; or

  • .3 the delivery of which is on or after 1 February 2002; or

  • .4 which has undergone a major conversion:

    • .1 for which the contract is placed on or after 1 February 1999; or

    • .2 in the absence of a contract, the construction work of which is begun on or after 1 August 1999 or

    • .3 which is completed on or after 1 February 2002.

• 28.8 oil tanker delivered on or after 1 January 2010 means an oil tanker:

  • .1 for which the building contract is placed on or after 1 January 2007; or

  • .2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 1 July 2007; or

  • .3 the delivery of which is on or after 1 January 2010; or

  • .4 which has undergone a major conversion:

    • .1 for which the contract is placed on or after 1 January 2007; or

    • .2 in the absence of a contract, the construction work of which is begun on or after 1 July 2007 or

    • .3 which is completed on or after 1 January 2010.

• 28.9. ship delivered on or after 1 August 2010 means a ship:

  • .1. for which the building contract is placed on or after 1 August 2007; or

  • .2. in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 1 February 2008; or

  • .3. the delivery of which is on or after 1 August 2010; or

  • .4. which has undergone a major conversion:

    • .1. for which the contract is placed after 1 August 2007; or

    • .2. in the absence of contract, the construction work of which is begun after 1 February 2008; or

    • .3. which is completed after 1 August 2010.

• 29. Parts per million (ppm) means parts of oil per million parts of water by volume.

• 30. Constructed means a ship the keel of which is laid or which is at a similar stage of construction.

• 31. Oil residue (sludge) means the residual waste oil products generated during the normal operation of a ship such as those resulting from the purification of fuel or lubricating oil for main or auxiliary machinery, separated waste oil from oil filtering equipment, waste oil collected in drip trays, and waste hydraulic and lubricating oils.

• 32. Oil residue (sludge) tank means a tank which holds oil residue (sludge) from which sludge may be disposed directly through the standard discharge connection or any other approved means of disposal.

• 33. Oily bilge water means water which may be contaminated by oil resulting from things such as leakage or maintenance work in machinery spaces. Any liquid entering the bilge system including bilge wells, bilge piping, tank top or bilge holding tanks is considered oily bilge water.

• 34. Oily bilge water holding tank means a tank collecting oily bilge water prior to its discharge, transfer or disposal.

• 35. Audit means a systematic, independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled.

• 36. Audit Scheme means the IMO Member State Audit Scheme established by the Organization and taking into account the guidelines developed by the Organization.

• 37. Code for Implementation means the IMO Instruments Implementation Code (III Code) adopted by the Organization by resolution A.1070(28).

• 38. Audit Standard means the Code for Implementation.

• 39. Electronic Record Book means a device or system, approved by the Administration, used to electronically record the required entries for discharges, transfers and other operations as required under this Annex in lieu of a hard copy record book.

Regulation 2. Application

• 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 16, 26.4, 29, 30, 31, 32, 34 and 36 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 34.6 of this Annex may apply in lieu of regulations 29, 31 and 32.

• 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.

• 4. The requirements of regulations 29, 31 and 32 of this Annex shall not apply to oil tankers carrying asphalt or other products subject to the provisions of this Annex, which through their physical properties inhibit effective product/water separation and monitoring, for which the control of discharge under regulation 34 of this Annex shall be effected by the retention of residues on board with discharge of all contaminated washings to reception facilities.

• 5. Subject to the provisions of paragraph 6 of this regulation, regulations 18.6 to 18.8 of this Annex shall not apply to an oil tanker delivered on or before 1 June 1982, as defined in regulation 1.28.3, solely engaged in specific trades between:

  • .1 ports or terminals within a State Party to the present Convention; or

  • .2 ports or terminals of States Parties to the present Convention, where:

    • .1 the voyage is entirely within a Special Area; or

    • .2 the voyage is entirely within other limits designated by the Organization.

• 6. The provisions of paragraph 5 of this regulation shall only apply when the ports or terminals where cargo is loaded on such voyages are provided with reception facilities adequate for the reception and treatment of all the ballast and tank washing water from oil tankers using them and all the following conditions are complied with:

  • .1 subject to the exceptions provided for in regulation 4 of this Annex, all ballast water, including clean ballast water, and tank washing residues are retained on board and transferred to the reception facilities and the appropriate entry in the Oil Record Book Part II referred to in regulation 36 of this Annex is endorsed by the competent Port State Authority;

  • .2 agreement has been reached between the Administration and the Governments of the Port States referred to in paragraphs 5.1 or 5.2 of this regulation concerning the use of an oil tanker delivered on or before 1 June 1982, as defined in regulation 1.28.3, for a specific trade;

  • .3 the adequacy of the reception facilities in accordance with the relevant provisions of this Annex at the ports or terminals referred to above, for the purpose of this regulation, is approved by the Governments of the States Parties to the present Convention within which such ports or terminals are situated; and

  • .4 the International Oil Pollution Prevention Certificate is endorsed to the effect that the oil tanker is solely engaged in such specific trade.

Regulation 3. Exemptions and waivers

• 1. Any ship such as hydrofoil, air-cushion vehicle, near-surface craft and submarine craft etc. whose constructional features are such as to render the application of any of the provisions of chapters 3 and 4 of this Annex or section 1.2 of part II-A of the Polar Code 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.

• 2. Particulars of any such exemption granted by the Administration shall be indicated in the Certificate referred to in regulation 7 of this Annex.

• 3. The Administration which allows any such exemption shall, as soon as possible, but not more than 90 days thereafter, communicate to the Organization particulars of same and the reasons therefore, which the Organization shall circulate to the Parties to the present Convention for their information and appropriate action, if any.

• 4. The Administration may waive the requirements of regulations 29, 31 and 32 of this Annex, for any oil tanker which engages exclusively on voyages both of 72 hours or less in duration and within 50 nautical miles from the nearest land, provided that the oil tanker is engaged exclusively in trades between ports or terminals within a State Party to the present Convention. 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.

• 5. The Administration may waive the requirements of regulations 31 and 32 of this Annex for oil tankers other than those referred to in paragraph 4 of this regulation in cases where:

  • .1 the tanker is an oil tanker delivered on or before 1 June 1982, as defined in regulation 1.28.3, of 40,000 tonnes deadweight or above, as referred to in regulation 2.5 of this Annex, solely engaged in specific trades, and the conditions specified in regulation 2.6 of this Annex are complied with; or

  • .2 the tanker is engaged exclusively in one or more of the following categories of voyages:

    • .1 voyages within special areas; or

    • .2 voyages within Arctic waters; or

    • .3 voyages within 50 nautical miles from the nearest land outside special areas or Arctic waters where the tanker is engaged in:

      • .1 trades between ports or terminals of a State Party to the present Convention; or

      • .2 restricted voyages as determined by the Administration, and of 72 hours or less in duration;

    • provided that all of the following conditions are complied with:

    • .4 all oily mixtures are retained on board for subsequent discharge to reception facilities;

    • .5 for voyages specified in paragraph 5.2.3 of this regulation, the Administration has determined that adequate reception facilities are available to receive such oily mixtures in those oil loading ports or terminals the tanker calls at;

    • .6 the International Oil Pollution Prevention Certificate, when required, is endorsed to the effect that the ship is exclusively engaged in one or more of the categories of voyages specified in paragraphs 5.2.1 and 5.2.3.2 of this regulation; and

    • .7 the quantity, time and port of discharge are recorded in the Oil Record Book.

• 6. The Administration may waive the requirements of regulation 28(6) for the following oil tankers if loaded in accordance with the conditions approved by the Administration taking into account the guidelines developed by the Organization:

  • .1. oil tankers which are on a dedicated service, with a limited number of permutations of loading such that all anticipated conditions have been approved in the stability information provided to the master in accordance with regulation 28(5);

  • .2. oil tankers where stability verification is made remotely by a means approved by the Administration;

  • .3. oil tankers which are loaded within an approved range of loading conditions; or

  • .4. oil tankers constructed before 1 January 2016 provided with approved limiting KG/GM curves covering all applicable intact and damage stability requirements.

Regulation 4. Exceptions

Regulations 15 and 34 of this Annex and paragraph 1.1.1 of part II-A of the Polar Code shall not apply to:

• .1 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

• .2 the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment:

  • .1 provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and

  • .2 except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or

  • .3 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.

Regulation 5. 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 to be fitted in a ship as an alternative to that required by this Annex shall communicate particulars thereof to the Organization for circulation to the Parties to the Convention for their information and appropriate action, if any.

CHAPTER 2. SURVEYS AND CERTIFICATION

Regulation 6. Surveys

• 1. Every oil tanker of 150 gross tonnage and above, and every other ship of 400 gross tonnage and above shall be subject to the surveys specified below:

  • .1 an initial survey before the ship is put in service or before the Certificate required under regulation 7 of this Annex is issued for the first time, which shall include a complete survey of its structure, equipment, systems, fittings, arrangements and material in so far as the ship is covered by this Annex. This survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of this Annex;

  • .2 a renewal survey at intervals specified by the Administration, but not exceeding 5 years, except where regulation 10.2.2, 10.5, 10.6 or 10.7 of this Annex is applicable. The renewal survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with applicable requirements of this Annex;

  • .3 an intermediate survey within 3 months before or after the second anniversary date or within 3 months before or after the third anniversary date of the Certificate which shall take the place of one of the annual surveys specified in paragraph 1.4 of this regulation. The intermediate survey shall be such as to ensure that the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, crude oil washing 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 Certificate issued under regulation 7 or 8 of this Annex;

  • .4 an annual survey within 3 months before or after each anniversary date of the Certificate, including a general inspection of the structure, equipment, systems, fittings, arrangements and material referred to in paragraph 1.1 of this regulation to ensure that they have been maintained in accordance with paragraphs 4.1 and 4.2 of this regulation and that they remain satisfactory for the service for which the ship is intended. Such annual surveys shall be endorsed on the Certificate issued under regulation 7 or 8 of this Annex; and

  • .5 an additional survey either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in paragraph 4.3 of this regulation, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory and that the ship complies in all respects with the requirements of this Annex.

• 2. 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.

• 3.1 Surveys of ships as regards the enforcement of the provisions of this Annex shall be carried out by officers of the Administration. The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it. Such organizations, including classification societies, shall be authorized by the Administration in accordance with the provisions of the present Convention and with the Code for Recognized Organizations (RO Code), consisting of part 1 and part 2 (the provisions of which shall be treated as mandatory) and part 3 (the provisions of which shall be treated as recommendatory), as adopted by the Organization by resolution [MEPC.237(65)], as may be amended by the Organization, provided that:

  • .1 amendments to part 1 and part 2 of the RO Code are adopted, brought into force and take effect in accordance with the provisions of article 16 of the present Convention concerning the amendment procedures applicable to this annex;

  • .2 amendments to part 3 of the RO Code are adopted by the Marine Environment Protection Committee in accordance with its Rules of Procedure; and

  • .3 any amendments referred to in .1 and .2 adopted by the Maritime Safety Committee and the Marine Environment Protection Committee are identical and come into force or take effect at the same time, as appropriate.

• 3.2 An Administration nominating surveyors or recognizing organizations to conduct surveys as set forth in paragraph 3.1 of this regulation shall, as a minimum, empower any nominated surveyor or recognized organization to:

  • .1 require repairs to a ship; and

  • .2 carry out surveys, if requested by the appropriate authorities of a port State.

  The Administration shall notify the Organization of the specific responsibilities and conditions of the authority delegated to the nominated surveyors or recognized organizations, for circulation to Parties to the present Convention for the information of their officers.

• 3.3 When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the Certificate or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, such surveyor or organization shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the Certificate shall be withdrawn and the Administration shall be notified immediately; and if the ship is in a port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or a recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation. When applicable, the Government of the port State concerned shall take such steps as will ensure that the ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the nearest appropriate repair yard available without presenting an unreasonable threat of harm to the marine environment.

• 3.4 In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the survey and shall undertake to ensure the necessary arrangements to satisfy this obligation.

• 4.1 The condition of the ship and its equipment shall be maintained to conform with the provisions of the present Convention to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.

• 4.2 After any survey of the ship under paragraph 1 of this regulation has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the sanction of the Administration, except the direct replacement of such equipment and fittings.

• 4.3 Whenever an accident occurs to a ship or a defect is discovered which substantially affects the integrity of the ship or the efficiency or completeness of its equipment covered by this Annex the master or owner of the ship shall report at the earliest opportunity to the Administration, the recognized organization or the nominated surveyor responsible for issuing the relevant Certificate, who shall cause investigations to be initiated to determine whether a survey as required by paragraph 1 of this regulation is necessary. If the ship is in a port of another Party, the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognized organization shall ascertain that such report has been made.

Regulation 7. Issue or endorsement of certificate

• 1. An International Oil Pollution Prevention Certificate shall be issued, after an initial or renewal survey in accordance with the provisions of regulation 6 of this Annex, to any oil tanker of 150 gross tonnage and above and any other ships of 400 gross tonnage and above which are engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the present Convention.

• 2. Such certificate shall be issued or endorsed as appropriate 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.

Regulation 8. Issue or endorsement of certificate by another Government

• 1. The Government of a Party to the present 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 to the ship and where appropriate, endorse or authorize the endorsement of that certificate on 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 7 of this Annex.

• 4. No International Oil Pollution Prevention Certificate shall be issued to a ship, which is entitled to fly the flag of a State, which is not a Party.

Regulation 9. Form of certificate

The International Oil Pollution Prevention Certificate shall be drawn up in the form corresponding to the model given in appendix II to this Annex and shall be at least in English, French or Spanish. If an official language of the issuing country is also used, this shall prevail in case of a dispute or discrepancy.

Regulation 10. Duration and validity of certificate

• 1. An International Oil Pollution Prevention Certificate shall be issued for a period specified by the Administration, which shall not exceed five years.

• 2.1 Notwithstanding the requirements of paragraph 1 of this regulation, when the renewal survey is completed within 3 months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing certificate.

• 2.2 When the renewal survey is completed after the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing certificate.

• 2.3 When the renewal survey is completed more than 3 months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey.

• 3. If a certificate is issued for a period of less than 5 years, the Administration may extend the validity of the certificate beyond the expiry date to the maximum period specified in paragraph 1 of this regulation, provided that the surveys referred to in regulations 6.1.3 and 6.1.4 of this Annex applicable when a certificate is issued for a period of 5 years are carried out as appropriate.

• 4. If a renewal survey has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the person or organization authorized by the Administration may endorse the existing certificate and such a certificate shall be accepted as valid for a further period which shall not exceed 5 months from the expiry date.

• 5. If a ship at the time when a certificate expires is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No certificate shall be extended for a period longer than 3 months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.

• 6. A certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.

• 7. In special circumstances, as determined by the Administration, a new certificate need not be dated from the date of expiry of the existing certificate as required by paragraphs 2.2, 5 or 6 of this regulation. In these special circumstances, the new certificate shall be valid to a date not exceeding 5 years from the date of completion of the renewal survey.

• 8. If an annual or intermediate survey is completed before the period specified in regulation 6 of this Annex, then:

  • .1 the anniversary date shown on the certificate shall be amended by endorsement to a date which shall not be more than 3 months later than the date on which the survey was completed;

  • .2 the subsequent annual or intermediate survey required by regulation 6.1 of this Annex shall be completed at the intervals prescribed by that regulation using the new anniversary date; and

  • .3 the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by regulation 6.1 of this Annex are not exceeded.

• 9. A certificate issued under regulation 7 or 8 of this Annex shall cease to be valid in any of the following cases:

  • .1 if the relevant surveys are not completed within the periods specified under regulation 6.1 of this Annex;

  • .2 if the certificate is not endorsed in accordance with regulation 6.1.3 or 6.1.4 of this Annex; or

  • .3 upon transfer of the ship to the flag of another State. A new certificate shall only be issued when the Government issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of regulations 6.4.1 and 6.4.2 of this Annex. In the case of a transfer between Parties, if requested within 3 months after the transfer has taken place, the Government of the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the certificate carried by the ship before the transfer and, if available, copies of the relevant survey reports.

Regulation 11. Port State control on operational requirements

• 1. A ship when in a port or an offshore terminal of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by oil.

• 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 have 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.

CHAPTER 3. REQUIREMENTS FOR MACHINERY SPACES OF ALL SHIPS

PART A. CONSTRUCTION

Regulation 12. Tanks for oil residues (sludge)

• 1 Unless indicated otherwise, this regulation applies to every ship of 400 gross tonnage and above except that paragraph 3.5 of this regulation need only be applied as far as is reasonable and practicable to ships delivered on or before 31 December 1979, as defined in regulation 1.28.1.

• 2 Oil residue (sludge) may be disposed of directly from the oil residue (sludge) tank(s) to reception facilities through the standard discharge connection referred to in regulation 13, or to any other approved means of disposal of oil residue (sludge), such as an incinerator, auxiliary boiler suitable for burning oil residues (sludge) or other acceptable means which shall be annotated in item 3.2 of the Supplement to IOPP Certificate Form A or B.

• 3 Oil residue (sludge) tank(s) shall be provided and:

  • .1 shall be of adequate capacity, having regard to the type of machinery and length of voyage, to receive the oil residues (sludge) which cannot be dealt with otherwise in accordance with the requirements of this Annex;

  • .2 shall be provided with a designated pump that is capable of taking suction from the oil residue (sludge) tank(s) for disposal of oil residue (sludge) by means as described in regulation 12.2;

  • .3. shall have no discharge connections to the bilge system, oily bilge water holding tank(s), tank top or oily water separators, except that:

    • .1 the tank(s) may be fitted with drains, with manually operated self-closing valves and arrangements for subsequent visual monitoring of the settled water, that lead to an oily bilge water holding tank or bilge well, or an alternative arrangement, provided such arrangement does not connect directly to the bilge discharge piping system; and

    • .2 the sludge tank discharge piping and bilge-water piping may be connected to a common piping leading to the standard discharge connection referred to in regulation 13; the connection of both systems to the possible common piping leading to the standard discharge connection referred to in regulation 13 shall not allow for the transfer of sludge to the bilge system;

  • .4 shall not be arranged with any piping that has direct connection overboard, other than the standard discharge connection referred to in regulation 13; and

  • .5 shall be designed and constructed so as to facilitate their cleaning and the discharge of residues to reception facilities.

• 4 Ships constructed before 1 January 2017 shall be arranged to comply with paragraph 3.3 of this regulation not later than the first renewal survey carried out on or after 1 January 2017.

Regulation 12A. Oil fuel tank protection

• 1 This regulation shall apply to all ships with an aggregate oil fuel capacity of 600 m³ and above which are delivered on or after 1 August 2010, as defined in regulation 1.28.9 of this Annex.

• 2 The application of this regulation in determining the location of tanks used to carry oil fuel does not govern over the provisions of regulation 19 of this Annex.

• 3 For the purpose of this regulation, the following definitions shall apply:

  • .1. “Oil fuel” means any oil used as fuel oil in connection with the propulsion and auxiliary machinery of the ship in which such oil is carried.

  • .2. “Load line draught (d_s)” is the vertical distance, in metres, from the moulded baseline at mid-length to the waterline corresponding to the summer freeboard draught to be assigned to the ship.

  • .3. “Light ship draught” is the moulded draught amidships corresponding to the lightweight.

  • .4. “Partial load line draught (d_p)” is the light ship draught plus 60% of the difference between the light ship draught and the load line draught (d_s). The partial load line draught (d_p) shall be measured in metres.

  • .5. “Waterline d_B” is the vertical distance, in metres, from the moulded baseline at mid-length to the waterline corresponding to 30% of the depth D_s.

  • .6. “Breadth B_S” is the greatest moulded breadth of the ship, in metres, at or below the deepest load line line draught d_S.

  • .7. “Breadth B_B” is the greatest moulded breadth of the ship, in metres, at or below the waterline d_B.

  • .8. “Depth D_s” is the moulded depth, in metres, measured at mid-length to the upper deck at side. For the purpose of the application, “upper deck” means the highest deck to which the watertight transverse bulkheads except aft peak bulkheads extend.

  • .9. “Length L” means 96% of the total length on a waterline at 85% 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.

  • .10. “Breadth B” means the maximum breadth of the ship, in metres, 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.

  • .11. “Oil fuel tank” means a tank in which oil fuel is carried, but excludes those tanks which would not contain oil fuel in normal operation, such as overflow tanks.

  • .12. “Small oil fuel tank” is an oil fuel tank with a maximum individual capacity not greater than 30 m³.

  • .13. “C” is the ship’s total volume of oil fuel, including that of the small oil fuel tanks, in m³, at 98% tank filling.

  • .14. “Oil fuel capacity” means the volume of a tank in m³, at 98% filling.

• 4 the provisions of this regulation shall apply to all oil fuel tanks except small oil fuel tanks, as defined in 3.12, provided that the aggregate capacity of such excluded tanks is not greater than 600 m³.

• 5 Individual oil fuel tanks shall not have a capacity of over 2,500 m³.

• 6 For ships, other than self-elevating drilling units, having an aggregate oil fuel capacity of 600 m³ and above, oil fuel tanks shall be located above the moulded line of the bottom shell plating nowhere less than the distance has specified below:

  • h = B/20 m or,

  • h = 2.0 m, whichever is the lesser.

  The minimum value of h = 0.76 m

  In the turn of the bilge area and at location without a clearly defined turn of the bilge, the oil fuel tank boundary line shall run parallel to the line of the midship flat bottom as shown in Figure 1.

  

• 7 For ships having an aggregate oil fuel capacity of 600 m³ or more but less than 5,000 m³, oil fuel tanks shall be located inboard of the moulded line of the side shell plating, nowhere less than the distance w which, as shown in Figure 2, is measured at any cross-section at right angles to the side shell, as specified below:

  w = 0.4 + 2.4 C/20,000 m

  The minimum value of w = 1.0 m, however for individual tanks with an oil fuel capacity of less than 500 m³ the minimum value is 0.76 m.

• 8 For ships having an aggregate oil fuel capacity of 5,000 m³ and over, oil fuel tanks shall be located inboard of the moulded line of the side shell plating, nowhere less than the distance w which, as shown in Figure 2, is measured at any cross-section at right angles to the side shell, as specified below:

  w = 0.5 + C/20,000 m or

  w = 2.0 m, whichever is the lesser.

  The minimum value of w = 1.0 m

  

• 9 Lines of oil fuel piping located at a distance from the ship’s bottom of less than h, as defined in paragraph 6, or from the ship’s side less than w, as defined in paragraphs 7 and 8 shall be fitted with valves or similar closing devices within or immediately adjacent to the oil fuel tank. These valves shall be capable of being brought into operation from a readily accessible enclosed space the location of which is accessible from the navigation bridge or propulsion machinery control position without traversing exposed freeboard or superstructure decks. The valves shall close in case of remote control system failure (fail in a closed position) and shall be kept closed at sea at any time when the tank contains oil fuel except that they may be opened during oil fuel transfer operations.

• 10 Suction wells in oil fuel tanks may protrude into the double bottom below the boundary line defined by the distance h provided that such wells are as small as practicable and the distance between the well bottom and the bottom shell plating is not less than 0.5 h.

• 11 Alternatively to paragraphs 6 and either 7 or 8, ships shall comply with the accidental oil fuel outflow performance standard specified below:

  • .1. The level of protection against oil fuel pollution in the event of collision or grounding shall be assessed on the basis of the mean oil outflow parameter as follows:

    OM < 0.0157-1.14E-6.C	for 600 m3 ≤ C < 5,000 m3
    OM < 0.010	for C ≥ 5,000 m3

    Where:

    O_M = mean oil outflow parameter;

    C = total oil fuel volume.

  • .2. The following general assumption shall apply when calculating the mean oil outflow parameter:

    • .1. the ship shall be assumed loaded to the partial load line draught (d_p) without trim or heel;

    • .2. all oil fuel tanks shall be assumed loaded to 98% of their volumetric capacity;

    • .3. the nominal density of the oil fuel (ρ_n) shall generally be taken as 1,000 kg/m³. If the density of the oil fuel is specifically restricted to a lesser value, the lesser value may be applied; and

    • .4. for the purpose of these outflow calculations, the permeability of each oil fuel tank shall be taken as 0.99, unless proven otherwise.

  • .3. The following assumptions shall be used when combining the oil outflow parameters:

    • .1. The mean oil outflow shall be calculated independently for side damage and for bottom damage and then combined into a non-dimensional oil outflow parameter O_M, as follows:

      O_M = (0.4 O_MS + 0.6 O_MB) / C

      Where:

      O_MS = mean outflow for side damage, in m³

      O_MB = mean outflow for bottom damage, in m³

      C = total oil fuel volume.

    • .2. For bottom damage, independent calculations for mean outflow shall be done for 0 m and 2.5 m tide conditions, and then combined as follows:

      O_MB = 0.7 O_MB(0) + 0.3 O_MB(2.5)

      where:

      O_MB(0) = mean outflow for 0 m tide condition, and

      O_MB(2.5) = mean outflow for minus 2.5 m tide condition, in m³.

  • .4. The mean outflow for side damage O_MS shall be calculated as follows:

    

    where:

    i = represents each oil fuel tank under consideration;

    n = total number of oil fuel tanks;

    P_s(i) = the probability of penetrating oil fuel tank i from side damage, calculated in accordance with paragraph 11.6 of this regulation;

    O_s(i) = the outflow, in m³, from side damage to oil fuel tank i, which is assumed equal to the total volume in oil fuel tank i at 98% filling.

  • .5. The mean outflow for bottom damage shall be calculated for each tidal condition as follows:

    • 

      where:

      i = represents each oil fuel tank under consideration;

      n = total number of oil fuel tanks;

      P_B(i) = the probability of penetrating oil fuel tank i from bottom damage, calculated in accordance with paragraph 11.7 of this regulation;

      O_B(i) = the outflow from oil fuel tank, in m³, calculated in accordance with paragraph 11.5.3 of this regulation; and

      C_DB(i) = factor to account for oil capture as defined in paragraph 11.5.4.

    • 

      where:

      i, n P_B(i) and C_DB(i) = as defined in subparagraph .1 above

      O_B(i) = the outflow oil fuel tank i, in m³, after tidal change.

    • .3. The oil outflow O_B(i) for each oil fuel tank shall be calculated based on pressure balance principles, in accordance with the following assumptions:

      • .1. The ship shall be assumed stranded with zero trim and heel, with the stranded draught prior to tidal change equal to the partial load line draught d_p.

      • .2. The oil fuel level after damage shall be calculated as follows:

        

        where:

        h_F = the height of the oil fuel surface above Z_l, in m;

        t_C = the tidal change, in m. Reductions in tide shall be expressed as negative values;

        Z_l = the height of the lowest point in the oil fuel tank above the baseline, in m;

        ρ _s = density of seawater, to be taken as 1,025 kg/m³; and,

        ρ _n = nominal density of the oil fuel, as defined in 11.2.3.

      • .3. The oil outflow O_B(i) for any tank bounding the bottom shell plating shall be taken not less than the following formula, but no more than the tank capacity:

        O_B(i) = H_w A

        where:

        H_W = 1.0 m, when Y_B = 0

        H_W = B_B/50 but not greater than 0.4 m, when Y_B is greater than B_B/5 or 11.5 m, whichever is less

        H_W is to be measured upwards from the midship flat bottom line. In the turn of the bilge area and at locations without a clearly defined turn of the bilge, H_W is to be measured from a line parallel to the midship flat bottom, as shown for distance “h” in Figure 1.

        For Y_B values outboard B_B/5 or 11.5 m, whichever is less, H_W is to be linearly interpolated.

        Y_B = the minimum value of Y_B over the length of the oil fuel tank, where at any given location, Y_B is the transverse distance between the side shell at waterline d_B and the tank at or below waterline d_B.

        A = the maximum horizontal projected area of the oil fuel tank up to the level of H_W from the bottom of the tank.

        

    • .4. In the case of bottom damage, a portion from the outflow from an oil fuel tank may be captured by non-oil compartments. This effect is approximated by application of the factor C_DB(i) for each tank, which shall be taken as follows:

      C_DB(i) = 0.6 for oil fuel tanks bounded from below by non-oil compartments;

      C_DB(i) = 1 otherwise.

  • .6. The probability P_S of breaching a compartment from side damage shall be calculated as follows:

    • .1. P_S = P_SL . P_SV . P_ST

      where:

      P_SL = (1 – P_Sf – P_Sa) = probability the damage will extend into the longitudinal zone bounded by X_a and X_f;

      P_SV = (1 – P_Sa – P_Sl) = probability the damage will extend into the vertical zone bounded by Z_l and Z_u;

      P_ST = (1 – P_Sy) = probability the damage will extend transversely beyond the boundary defined by y;

    • .2. P_Sa, P_Sf, P_Su and P_Sl shall be determined by linear interpolation from the table of probabilities for side damage provided in 11.6.3, and P_Sy shall be calculated from the formulas provided in 11.6.3, where:

      P_Sa = the probability the damage will lie entirely aft of location X_a/L;

      P_Sf = the probability the damage will lie entirely forward of location X_f/L;

      P_Sl = probability the damage will lie entirely below the tank;

      P_Su = probability the damage will lie entirely above the tank; and

      P_Sy = probability the damage will lie entirely outboard the tank.

      Compartment boundaries X_a, X_f, Z_l, Z_u and y shall be developed as follows:

      X_a = the longitudinal distance from aft terminal of L to the aft most point on the compartment being considered, in m;

      X_f = the longitudinal distance from aft terminal of L to the foremost point on the compartment being considered, in m;

      Z_l = the vertical distance from the moulded baseline to the lowest point on the compartment being considered, in m. Where Z_l is greater than D_S, Z_l shall be taken as D_S;

      Z_u = the vertical distance from the moulded baseline to the highest point on the compartment being considered, in m. Where Z_u is greater than D_S, Z_u shall be taken as D_S; and,

      y = the minimum horizontal distance measured at right angles to the centreline between the compartment under consideration and the side shell, in m1 .

      In way of the turn of the bilge, y need not to be considered below a distance h above baseline, where h is lesser of B/10, 3 m or the top of the tank.

    • .3. Table of Probabilities for side damage

      Xa/L	PSa	Xf/L	PSf	Zl/DS	PSl	Zu/DS	PSu
      0,00	0,000	0,00	0,967	0,00	0,000	0,00	0,968
      0,05	0,023	0,05	0,917	0,05	0,000	0,05	0,952
      0,10	0,068	0,10	0,867	0,10	0,001	0,10	0,931
      0,15	0,117	0,15	0,817	0,15	0,003	0,15	0,905
      0,20	0,167	0,20	0,767	0,20	0,007	0,20	0,873
      0,25	0,217	0,25	0,717	0,25	0,013	0,25	0,836
      0,30	0,267	0,30	0,667	0,30	0,021	0,30	0,789
      0,35	0,317	0,35	0,617	0,35	0,034	0,35	0,733
      0,40	0,367	0,40	0,567	0,40	0,055	0,40	0,670
      0,45	0,417	0,45	0,517	0,45	0,085	0,45	0,599
      0,50	0,467	0,50	0,467	0,50	0,123	0,50	0,525
      0,55	0,517	0,55	0,417	0,55	0,172	0,55	0,452
      0,60	0,567	0,60	0,367	0,60	0,226	0,60	0,383
      0,65	0,617	0,65	0,317	0,65	0,285	0,65	0,317
      0,70	0,667	0,70	0,267	0,70	0,347	0,70	0,255
      0,75	0,717	0,75	0,217	0,75	0,413	0,75	0,197
      0,80	0,767	0,80	0,167	0,80	0,482	0,80	0,143
      0,85	0,817	0,85	0,117	0,85	0,553	0,85	0,092
      0,90	0,867	0,90	0,068	0,90	0,626	0,90	0,046
      0,95	0,917	0,95	0,023	0,95	0,700	0,95	0,013
      1,00	0,967	1,00	0,000	1,00	0,775	1,00	0,000

      P_Sy shall be calculated as follows:

      PSy = (24.96 – 199.6 y/BS)(y/BS)	for y/BS ≤ 0.05
      PSy= 0.749 + {5 – 44.4 (y/BS – 0.05)} {(y/BS) – 0.05}	for 0.05 < y/BS < 0.1
      PSy = 0.888 + 0.56 (y/BS – 0.1)	for y/BS ≥ 0.1
      PSy is not to be taken greater than 1.

  • .7. The probability P_B of breaching a compartment from bottom damage shall be calculated as follows:

    • .1. P_B = P_BL . P_BT . P_BV

      where:

      P_BL = (1 – P_Bf – P_Ba) = probability the damage will extend into the longitudinal zone bounded by X_a and X_f;

      P_BT = (1 – P_Bp – P_Bs) = probability the damage will extend into transverse zone bounded by Y_p and Y_s; and

      P_BV = (1 – P_Bz) = probability the damage will extend vertically above the boundary defined by z;

    • .2. P_Ba, P_Bf, P_Bp and P_Bs shall be determined by linear interpolation from the table of probabilities for bottom damage provided in 11.7.3, and P_Bz shall be calculated from the formulas provided in 11.7.3, where:

      P_Ba = the probability the damage will lie entirely aft of location X_a/L;

      P_Bf = the probability the damage will lie entirely forward of location X_f/L;

      P_Bp = probability the damage will lie entirely to port of the tank;

      P_Bs = probability the damage will lie entirely to starboard the tank; and

      P_Bz = probability the damage will lie entirely below the tank.

      Compartment boundaries X_a, X_f, Y_p, Y_s and z shall be developed as follows:

      X_a and X_f as defined in 11.6.2;

      Y_p = the transverse distance from the port-most point on the compartment located at or below the waterline d_B, to a vertical plane located B_B/2 to starboard of the ship’s centreline;

      Y_s = the transverse distance from the starboard-most point on the compartment located at or below the waterline d_B, to a vertical plane located B_B/2 to starboard of the ship’s centreline; and

      z = the minimum value of z over the length of the compartment, where, at any given longitudinal location, z is the vertical distance from the lower point of the bottom shell at that longitudinal location to the lower point of the compartment at that longitudinal location.

    • .3. Table of probabilities for bottom damage

      Xa/L	PBa	Xp/L	PBf	Yp/BB	PBp	Ys/BB	PBs
      0,00	0,000	0,00	0,969	0,00	0,844	0,00	0,000
      0,05	0,002	0,05	0,953	0,05	0,794	0,05	0,009
      0,10	0,008	0,10	0,936	0,10	0,744	0,10	0,032
      0,15	0,017	0,15	0,916	0,15	0,694	0,15	0,063
      0,20	0,029	0,20	0,894	0,20	0,644	0,20	0,097
      0,25	0,042	0,25	0,870	0,25	0,594	0,25	0,133
      0,30	0,058	0,30	0,842	0,30	0,544	0,30	0,171
      0,35	0,076	0,35	0,810	0,35	0,494	0,35	0,211
      0,40	0,096	0,40	0,775	0,40	0,444	0,40	0,253
      0,45	0,119	0,45	0,734	0,45	0,394	0,45	0,297
      0,50	0,143	0,50	0,687	0,50	0,344	0,50	0,344
      0,55	0,171	0,55	0,630	0,55	0,297	0,55	0,394
      0,60	0,203	0,60	0,563	0,60	0,253	0,60	0,444
      0,65	0,242	0,65	0,489	0,65	0,211	0,65	0,494
      0,70	0,289	0,70	0,413	0,70	0,171	0,70	0,544
      0,80	0,409	0,80	0,252	0,80	0,097	0,80	0,644
      0,85	0,482	0,85	0,170	0,85	0,063	0,85	0,694
      0,90	0,565	0,90	0,089	0,90	0,032	0,90	0,744
      0,95	0,658	0,95	0,026	0,95	0,009	0,95	0,794
      1,00	0,761	1,00	0,000	1,00	0,000	1,00	0,844

      P_Bz shall be calculated as follows:

      PBz= (14.5 – 67 z/Ds) (z/Ds)	for z/DS ≤ 0.1
      PBz = 0.78 + 1.1 {(z/DS – 0.1)}	for z/DS > 0.1
      PBz is not to be taken greater than 1.

  • .8. For the purpose of maintenance and inspection, any oil fuel tanks that do not border the outer shell plating shall be located no closer to the bottom shell plating than the minimum value of h in paragraph 6 and no closer to the side shell plating than the applicable minimum value of w in paragraph 7 or 8.

• 12 In approving the design and construction of ships to be built in accordance with this regulation, Administrations shall have due regard to the general safety aspects, including the need for maintenance and inspection of wing and double bottom tanks or spaces.

Regulation 13. Standard discharge connection

To enable pipes of reception facilities to be connected with the ship’s discharge pipeline for residues from machinery bilges and from oil residue (sludge) tanks, 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 oil-proof material, shall be suitable for a service pressure of 600 kPa.

PART B. EQUIPMENT

Regulation 14. Oil filtering equipment

• 1 Except as specified in paragraph 3 of this regulation any ship of 400 gross tonnage and above but less than 10,000 gross tonnage shall be fitted with oil filtering equipment complying with paragraph 6 of this regulation. Any such ship which may discharge into the sea ballast water retained in fuel oil tanks in accordance with regulation 16.2 shall comply with paragraph 2 of this regulation.

• 2 Except as specified in paragraph 3 of this regulation any ship of 10,000 gross tonnage and above shall be fitted with oil filtering equipment complying with paragraph 7 of this regulation.

• 3 Ships, such as hotel ships, storage vessels, etc., which are stationary except for non-cargo-carrying relocation voyages need not be provided with oil filtering equipment. Such ships shall be provided with a holding tank having a volume adequate, to the satisfaction of the Administration, for the total retention on board of the oily bilge water. All oily bilge water shall be retained on board for subsequent discharge to reception facilities.

• 4 The Administration shall ensure that ships of less than 400 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 15.6 of this Annex.

• 5 The Administration may waive the requirements of paragraphs 1 and 2 of this regulation for:

  • .1 any ship engaged exclusively on voyages within special areas or Arctic waters, or

  • .2 any ship certified under the International Code of Safety for High-Speed Craft (or otherwise within the scope of this Code with regard to size and design) engaged on a scheduled service with a turn-around time not exceeding 24 hours and covering also non-passenger/cargo-carrying relocation voyages for these ships,

  • .3 with regard to the provision of subparagraphs .1 and .2 above, the following conditions shall be complied with:

    • .1 the ship is fitted with a holding tank having a volume adequate, to the satisfaction of the Administration, for the total retention on board of the oily bilge water;

    • .2 all oily bilge water is retained on board for subsequent discharge to reception facilities;

    • .3 the Administration has determined that adequate reception facilities are available to receive such oily bilge water in a sufficient number of ports or terminals the ship calls at;

    • .4 the International Oil Pollution Prevention Certificate, when required, is endorsed to the effect that the ship is exclusively engaged on the voyages within special areas or Arctic waters or has been accepted as a high-speed craft for the purpose of this regulation and the service is identified; and

    • .5 the quantity, time, and port of the discharge are recorded in the Oil Record Book Part I.

• 6 Oil filtering equipment referred to in paragraph 1 of this regulation 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 system has an oil content not exceeding 15 parts per million. In considering the design of such equipment, the Administration shall have regard to the specification recommended by the Organization.

• 7 Oil filtering equipment referred to in paragraph 2 of this regulation shall comply with paragraph 6 of this regulation. In addition, it shall be provided with alarm arrangement to indicate when this level cannot be maintained. The system shall also be provided with arrangements to ensure that any discharge of oily mixtures is automatically stopped when the oil content of the effluent exceeds 15 parts per million. In considering the design of such equipment and approvals, the Administration shall have regard to the specification recommended by the Organization.

PART C. CONTROL OF OPERATIONAL DISCHARGE OF OIL

Regulation 15. Control of discharge of oil

• 1 Subject to the provisions of regulation 4 of this annex and paragraphs 2, 3, and 6 of this regulation, any discharge into the sea of oil or oily mixtures from ships shall be prohibited.

A. Discharges outside special areas except in Arctic waters

• 2 Any discharge into the sea of oil or oily mixtures from ships of 400 gross tonnage and above shall be prohibited except when all the following conditions are satisfied:

  • .1 the ship is proceeding en route;

  • .2 the oily mixture is processed through an oil filtering equipment meeting the requirements of regulation 14 of this Annex;

  • .3 the oil content of the effluent without dilution does not exceed 15 parts per million;

  • .4 the oily mixture does not originate from cargo pump room bilges on oil tankers; and

  • .5 the oily mixture, in case of oil tankers, is not mixed with oil cargo residues.

B. Discharges in special areas

• 3 Any discharge into the sea of oil or oily mixtures from ships of 400 gross tonnage and above shall be prohibited except when all of the following conditions are satisfied:

  • .1 the ship is proceeding en route;

  • .2 the oily mixture is processed through an oil filtering equipment meeting the requirements of regulation 14.7 of this Annex;

  • .3 the oil content of the effluent without dilution does not exceed 15 parts per million;

  • .4 the oily mixture does not originate from cargo pump room bilges on oil tankers; and

  • .5 the oily mixture, in case of oil tankers, is not mixed with oil cargo residues.

• 4 In respect of the Antarctic area, any discharge into the sea of oil or oily mixtures from any ship shall be prohibited.

• 5 Nothing in this regulation shall prohibit a ship on a voyage only part of which is in a special area from discharging outside a special area in accordance with paragraphs 2 of this regulation.

C. Requirements for ships of less than 400 gross tonnage in all areas except the Antarctic area and Arctic waters

• 6 In the case of a ship of less than 400 gross tonnage, oil and all oily mixtures shall either be retained on board for subsequent discharge to reception facilities or discharged into the sea in accordance with the following provisions:

  • .1 the ship is proceeding en route;

  • .2 the ship has in operation equipment of a design approved by the Administration that ensures that the oil content of the effluent without dilution does not exceed 15 parts per million;

  • .3 the oily mixture does not originate from cargo pump room bilges on oil tankers; and

  • .4 the oily mixture, in case of oil tankers, is not mixed with oil cargo residues.

D. General requirements

• 7 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 present 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. 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.

• 8 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.

• 9 The oil residues which cannot be discharged into the sea in compliance with this regulation shall be retained on board for subsequent discharge to reception facilities.

Regulation 16. Segregation of oil and water ballast and carriage of oil in forepeak tanks

• 1 Except as provided in paragraph 2 of this regulation, in ships delivered after 31 December 1979, as defined in regulation 1.28.2, of 4,000 gross tonnage and above other than oil tankers, and in oil tankers delivered after 31 December 1979, as defined in regulation 1.28.2, of 150 gross tonnage and above, no ballast water shall be carried in any oil fuel tank.

• 2 Where 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 15 of this Annex using the equipment specified in regulation 14.2 of this Annex, and an entry shall be made in the Oil Record Book to this effect.

• 3 In a ship of 400 gross tonnage and above, for which the building contract is placed after 1 January 1982 or, in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 1 July 1982, oil shall not be carried in a forepeak tank or a tank forward of the collision bulkhead.

• 4 All ships other than those subject to paragraphs 1 and 3 of this regulation shall comply with the provisions of those paragraphs as far as is reasonable and practicable.

Regulation 17. - Oil Record Book Part I - Machinery space operations

• 1 Every oil tanker of 150 gross tonnage and above and every ship of 400 gross tonnage and above other than an oil tanker shall be provided with an Oil Record Book Part I (Machinery Space Operations). The Oil Record Book, whether as a part of the ship’s official logbook, as an electronic record book which shall be approved by the Administration taking into account the Guidelines developed by the Organization, or otherwise, shall be in the form specified in appendix III to this Annex.

• 2 The Oil Record Book Part I shall be completed on each occasion, on a tank-to-tank basis if appropriate, whenever any of the following machinery space operations takes place in the ship:

  • .1 ballasting or cleaning of oil fuel tanks;

  • .2 discharge of dirty ballast or cleaning water from oil fuel tanks;

  • .3 collection and disposal of oil residues (oil residue (sludge));

  • .4 discharge overboard or disposal otherwise of bilge water which has accumulated in machinery spaces; and

  • .5 bunkering of fuel or bulk lubricating oil.

• 3 In the event of such discharge of oil or oily mixture as is referred to in regulation 4 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 Part I 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 Part I, so that all entries in the book appropriate to that operation are completed. Each completed operation shall be signed by the officer or officers in charge of the operations concerned and each completed page or group of electronic entries shall be signed by the master of ship. The entries in the Oil Record Book Part I, for ships holding an International Oil Pollution Prevention Certificate, shall be at least in English, French or Spanish. Where entries in an official national language of the State whose flag the ship is entitled to fly are also used, this shall prevail in case of a dispute or discrepancy.

• 5 Any failure of the oil filtering equipment shall be recorded in the Oil Record Book Part I.

• 6 The Oil Record Book Part I, 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.

• 7 The competent authority of the Government of a Party to the present Convention may inspect the Oil Record Book Part I on board any ship to which this Annex applies while the ship is in its port 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 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 Part I shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of an Oil Record Book Part I 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.

CHAPTER 4. REQUIREMENTS FOR THE CARGO AREA OF OIL TANKERS

PART A. CONSTRUCTION

Regulation 18. Segregated Ballast Tanks

Oil tankers of 20,000 tonnes deadweight and above delivered after 1 June 1982

• 1 Every crude oil tanker of 20,000 tonnes deadweight and above and every product carrier of 30,000 tonnes deadweight and above delivered after 1 June 1982, as defined in regulation 1.28.4, shall be provided with segregated ballast tanks and shall comply with paragraphs 2, 3 and 4, or 5 as appropriate, 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 cargo tanks for water ballast except as provided for in paragraph 3 or 4 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 the following requirements:

  • .1 the moulded draught amidships (d_m) in metres (without taking into account any ship’s deformation) shall not be less than:

  • d_m = 2.0 + 0.02L

  • .2 the draughts at the forward and after perpendiculars shall correspond to those determined by the draught amidships (dm) as specified in paragraph 2.1 of this regulation, in association with the trim by the stern of not greater than 0.015L; and

  • .3 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 cargo tanks, except:

  • .1 on those rare voyages when weather conditions are so severe that, in the opinion of the master, it is necessary to carry additional ballast water in cargo tanks for the safety of the ship; and

  • .2 in exceptional cases where the particular character of the operation of an oil tanker renders it necessary to carry ballast water in excess of the quantity required under paragraph 2 of this regulation, provided that such operation of the oil tanker falls under the category of exceptional cases as established by the Organization.

Such additional ballast water shall be processed and discharged in compliance with regulation 34 of this Annex and an entry shall be made in the Oil Record Book Part II referred to in regulation 36 of this Annex.

• 4 In the case of crude oil tankers, the additional ballast permitted in paragraph 3 of this regulation shall be carried in cargo tanks only if such tanks have been crude oil washed in accordance with regulation 35 of this Annex before departure from an oil unloading port or terminal.

• 5 Notwithstanding the provisions of paragraph 2 of this regulation the segregated ballast conditions for oil tankers less than 150 metres in length shall be to the satisfaction of the Administration.

Crude oil tankers of 40,000 tonnes deadweight and above delivered on or before 1 June 1982

• 6 Subject to the provisions of paragraph 7 of this regulation every crude oil tanker of 40,000 tonnes deadweight and above delivered on or before 1 June 1982, as defined in regulation 1.28.3, shall be provided with segregated ballast tanks and shall comply with the requirements of paragraphs 2 and 3 of this regulation.

• 7 Crude oil tankers referred to in paragraph 6 of this regulation may, in lieu of being provided with segregated tanks operate with a cargo tank cleaning procedure using crude oil washing in accordance with regulation 33 and 35 of this Annex unless the crude oil tanker is intended to carry crude oil which is not suitable for crude oil washing.

Product carriers of 40,000 tonnes deadweight and above delivered on or before 1 June 1982

• 8 Every product carrier of 40,000 tonnes deadweight and above delivered on or before 1 June 1982, as defined in regulation 1.28.3, shall be provided with segregated ballast tanks and shall comply with the requirements of paragraphs 2 and 3 of this regulation, or alternatively operate with dedicated clean ballast tanks in accordance with the following provisions:

  • .1 The product carrier shall have adequate tank capacity, dedicated solely to the carriage of clean ballast as defined in regulation 1.17 of this Annex, to meet the requirements of paragraphs 2 and 3 of this regulation.

  • .2 The arrangements and operational procedures for dedicated clean ballast tanks shall comply with the requirements established by the Administration. Such requirements shall contain at least all the provisions of the revised Specifications for Oil Tankers with Dedicated Clean Ballast Tanks adopted by the Organization by resolution A.495(XII).

  • .3 The product carrier shall be equipped with an oil content meter, approved by the Administration on the basis of specifications recommended by the Organization, to enable supervision of the oil content in ballast water being discharged.

  • .4 Every product carrier operating with dedicated clean ballast tanks shall be provided with a Dedicated Clean Ballast Tank Operation Manual detailing the system and specifying operational procedures. Such a Manual shall be to the satisfaction of the Administration and shall contain all the information set out in the Specifications referred to in subparagraph 8.2 of this regulation. If an alteration affecting the dedicated clean ballast tank system is made, the Operation Manual shall be revised accordingly.

An oil tanker qualified as a segregated ballast oil tanker

• 9 Any oil tanker which is not required to be provided with segregated ballast tanks in accordance with paragraphs 1, 6 or 8 of this regulation may, however be qualified as a segregated ballast tanker, provided that it complies with the requirements of paragraphs 2 and 3 or 5 as appropriate, of this regulation.

Oil tankers delivered on or before 1 June 1982 having special ballast arrangements

• 10 Oil tankers delivered on or before 1 June 1982, as defined in regulation 1.28.3, having special ballast arrangements.

  • .1 Where an oil tanker delivered on or before 1 June 1982, as defined in regulation 1.28.3, is so constructed or operates in such a manner that it complies at all times with the draught and trim requirements set out in paragraph 2 of this regulation without recourse to the use of ballast water, it shall be deemed to comply with the segregated ballast tank requirements referred to in paragraph 6 of this regulation, provided that all of the following conditions are complied with:

    • .1 operational procedures and ballast arrangements are approved by the Administration;

    • .2 agreement is reached between the Administration and the Governments of the port States Parties to the present convention concerned when the draught and trim requirements are achieved through an operational procedure; and

    • .3 the International Oil Pollution Prevention Certificate is endorsed to the effect that the oil tanker is operating with special ballast arrangements.

  • .2 In no case shall ballast water be carried in oil tanks except on those rare voyages when weather conditions are so severe that, in the opinion of the master, it is necessary to carry additional ballast water in cargo tanks for the safety of the ship. Such additional ballast water shall be processed and discharged in compliance with regulation 34 of this Annex and in accordance with the requirements of regulations 29, 31 and 32 of this Annex, and entry shall be made in the Oil Record Book referred to in regulation 36 of this Annex.

  • .3 An Administration which has endorsed a Certificate in accordance with subparagraph 10.1.3 of this regulation shall communicate to the Organization the particulars thereof for circulation to the Parties to the present Convention.

Oil tankers of 70,000 tonnes deadweight and above delivered after 31 December 1979

• 11 Oil tankers of 70,000 tonnes deadweight and above delivered after 31 December 1979, as defined in regulation 1.28.2, shall be provided with segregated ballast tanks and shall comply with paragraphs 2, 3 and 4 or paragraph 5 as appropriate of this regulation.

Protective location of segregated ballast

• 12 Protective location of segregated ballast spaces.

  In every crude oil tanker of 20,000 tonnes deadweight and above and every product carrier of 30,000 tonnes deadweight and above delivered after 1 June 1982, as defined in regulation 1.28.4, except those tankers that meet regulation 19, the segregated ballast tanks required to provide the capacity to comply with the requirements of paragraph 2 of this regulation, which are located within the cargo tank length, shall be arranged in accordance with the requirements of paragraphs 13, 14 and 15 of this regulation to provide a measure of protection against oil outflow in the event of grounding or collision.

• 13 Segregated ballast tanks and spaces other than oil tanks within the cargo tanks length (Lt) shall be so arranged as to comply with the following requirement:

  

	where:	PAc	=	the side shell area in square metres for each segregated ballast tank or space other than an oil tank based on projected moulded dimensions,
		PAs	=	the bottom shell area in square metres for each such tank or space based on projected moulded dimensions,
		Lt	=	length in metres between the forward and after extremities of the cargo tanks,
		B	=	maximum breadth of the ship in metres as defined in regulation 1.22 of this Annex,
		D	=	moulded depth in metres measured vertically from the top of the keel to the top of the freeboard deck beam at side amidships. In ships having rounded gunwales, the moulded depth shall be measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwale were of angular design
		J	=	0.45 for oil tankers of 20,000 tonnes deadweight, 0.30 for oil tankers of 200,000 tonnes deadweight and above, subject to the provisions of paragraph 14 of this regulation. For intermediate values of deadweight the value of J shall be determined by linear interpolation.

Whenever symbols given in this paragraph appear in this regulation, they have the meaning as defined in this paragraph.

• 14 For tankers of 200,000 tonnes deadweight and above the value of J may be reduced as follows:

  

where:	a	=	0.25 for oil tankers of 200,000 tonnes deadweight,
	a	=	0.40 for oil tankers of 300,000 tonnes deadweight,
	a	=	0.50 for oil tankers of 420,000 tonnes deadweight and above.
	For intermediate values of deadweight the value of a shall be determined by linear interpolation.
	Oc	=	as defined in regulation 25.1.1 of this Annex,
	Os	=	as defined in regulation 25.1.2 of this Annex,
	OA	=	the allowable oil outflow as required by regulation 26.2 of this Annex.

• 15 In the determination of PAc and PAs for segregated ballast tanks and spaces other than oil tanks the following shall apply:

  • .1 the minimum width of each wing tank or space either of which extends for the full depth of the ship’s side or from the deck to the top of the double bottom shall be not less than 2 metres. The width shall be measured inboard from the ship’s side at right angles to the centreline. Where a lesser width is provided the wing tank or space shall not be taken into account when calculating the protecting area PAc; and

  • .2 the minimum vertical depth of each double bottom tank or space shall be B/15 or 2 metres, whichever is the lesser. Where a lesser depth is provided the bottom tank or space shall not be taken into account when calculating the protecting area PAs.

  The minimum width and depth of wing tanks and double bottom tanks shall be measured clear of the bilge area and, in the case of minimum width, shall be measured clear of any rounded gunwale area.

Regulation 19. Double hull and double bottom requirements for oil tanker delivered on or after 6 July 1996

• 1 This regulation shall apply to oil tankers of 600 tonnes deadweight and above delivered on or after 6 July 1996, as defined in regulation 1.28.6, as follows:

• 2 Every oil tanker of 5,000 tonnes deadweight and above shall:

  • .1 in lieu of paragraphs 12 to 15 of regulation 18, as applicable, comply with the requirements of paragraph 3 of this regulation unless it is subject to the provisions of paragraphs 4 and 5 of this regulation; and

  • .2 comply, if applicable, with the requirements of regulation 28.7.

• 3 The entire cargo tank length shall be protected by ballast tanks or spaces other than tanks that carry oil as follows:

  • .1 Wing tanks or spaces

  • Wing tanks or spaces shall extend either for the full depth of the ship’s side or from the top of the double bottom to the uppermost deck, disregarding a rounded gunwale where fitted. They shall be arranged such that the cargo tanks are located inboard of the moulded line of the side shell plating nowhere less than the distance w which, as shown in figure 1 is measured at any cross-section at right angles to the side shell, as specified below:

    

    w = 2.0 m, whichever is the lesser.

    The minimum value of w = 1.0 m.

  • .2 Double bottom tanks or spaces

    At any cross-section the depth of each double bottom tank or space shall be such that the distance h between the bottom of the cargo tanks and the moulded line of the bottom shell plating measured at right angles to the bottom shell plating as shown in figure 1 is not less than specified below:

    h = B/15 (m) or

    h = 2.0 m, whichever is the lesser.

    The minimum value of h = 1.0 m.

  • .3 Turn of the bilge area or at locations without a clearly defined turn of the bilge

    When the distances h and w are different, the distance w shall have preference at levels exceeding 1.5h above the baseline as shown in figure 1.

  • .4 The aggregate capacity of ballast tanks

    On crude oil tankers of 20,000 tonnes deadweight and above and product carriers of 30,000 tonnes deadweight and above, the aggregate capacity of wing tanks, double bottom tanks, forepeak tanks and after peak tanks shall not be less than the capacity of segregated ballast tanks necessary to meet the requirements of regulation 18 of this Annex. Wing tanks or spaces and double bottom tanks used to meet the requirements of regulation 18 shall be located as uniformly as practicable along the cargo tank length. Additional segregated ballast capacity provided for reducing longitudinal hull girder bending stress, trim, etc., may be located anywhere within the ship.

  • .5 Suction wells in cargo tanks

    Suction wells in cargo tanks may protrude into the double bottom below the boundary line defined by the distance h provided that such wells are as small as practicable and the distance between the well bottom and bottom shell plating is not less than 0.5h.

  • .6 Ballast and cargo piping

    Ballast piping and other piping such as sounding and vent piping to ballast tanks shall not pass through cargo tanks. Cargo piping and similar piping to cargo tanks shall not pass through ballast tanks. Exemptions to this requirement may be granted for short lengths of piping, provided that they are completely welded or equivalent.

• 4 The following applies for double bottom tanks or spaces:

  • .1 Double bottom tanks or spaces as required by paragraph 3.2 of this regulation may be dispensed with, provided that the design of the tanker is such that the cargo and vapour pressure exerted on the bottom shell plating forming a single boundary between the cargo and the sea does not exceed the external hydrostatic water pressure, as expressed by the following formula:

  • f x hc x ρc x g + p ≤ dn x ρs x g

  • where:

  	hc	=	height of cargo in contract with the bottom shell plating in metres
  	ρc	=	maximum cargo density in kg/m3
  	dn	=	minimum operating draught under any expected loading condition in metres
  	ρs	=	density of seawater in kg/m3
  	p	=	maximum set pressure above atmospheric pressure (gauge pressure) of pressure/vacuum valve provided for the cargo tank in Pa
  	f	=	safety factor = 1.1
  	g	=	standard acceleration of gravity (9.81 m/s2)

  • .2 Any horizontal partition necessary to fulfil the above requirements shall be located at a height not less than B/6 or 6 m, whichever is the lesser, but not more than 0.6D, above the baseline where D is the moulded depth amidships.

  • .3 The location of wing tanks or spaces shall be as defined in paragraph 3.1 of this regulation except that, below a level 1.5 h above the baseline where h is as defined in paragraph 3.2 of this regulation, the cargo tank boundary line may be vertical down to the bottom plating, as shown in figure 2.

• 5 Other methods of design and construction of oil tankers may also be accepted as alternatives to the requirements prescribed in paragraph 3 of this regulation, provided that such methods ensure at least the same level of protection against oil pollution in the event of collision or stranding and are approved in principle by the Marine Environment Protection Committee based on guidelines developed by the Organization.

• 6 Every oil tanker of less than 5,000 tonnes deadweight shall comply with paragraphs 3 and 4 of this regulation, or shall:

  • .1 at least be fitted with double bottom tanks or spaces having such a depth that the distance h specified in paragraph 3.2 of this regulation, complies with the following:

    h = B/15 (m)

    with a minimum value of h = 0.76 m;

    in the turn of the bilge area and at locations without a clearly defined turn of the bilge, the cargo tank boundary line shall run parallel to the line of the midship flat bottom as shown in figure 3; and

  • .2 be provided with cargo tanks so arranged that the capacity of each cargo tank does not exceed 700 m3 unless wing tanks or spaces are arranged in accordance with paragraph 3.1 of this regulation, complying with the following:

    

• 7 Oil shall not be carried in any space extending forward of a collision bulkhead located in accordance with regulation II-1/11 of the International Convention for the Safety of Life at Sea, 1974, as amended. An oil tanker that is not required to have a collision bulkhead in accordance with that regulation shall not carry oil in any space extending forward of the transverse plane perpendicular to the centreline that is located as if it were a collision bulkhead located in accordance with that regulation.

• 8 In approving the design and construction of oil tankers to be built in accordance with the provisions of this regulation, Administrations shall have due regard to the general safety aspects including the need for the maintenance and inspections of wing and double bottom tanks or spaces.

  
  
  

Regulation 20. Double hull and double bottom requirements for oil tanker delivered before 6 July 1996

• 1 Unless expressly provided otherwise this regulation shall:

  • .1 apply to oil tankers of 5,000 tonnes deadweight and above, which are delivered before 6 July 1996, as defined in regulation 1.28.5 of this Annex; and

  • .2 not apply to oil tankers complying with regulation 19 and regulation 28 in respect of paragraph 28.7, which are delivered before 6 July 1996, as defined in regulation 1.28.5 of this Annex; and

  • .3 not apply to oil tankers covered by subparagraph 1 above which comply with regulation 19.3.1 and 19.3.2 or 19.4 or 19.5 of this Annex, except that the requirement for minimum distances between the cargo tank boundaries and the ship side and bottom plating need not be met in all respects. In that event, the side protection distances shall not be less than those specified in the International Bulk Chemical Code for type 2 cargo tank location and the bottom protection distances at centreline shall comply with regulation 18.15.2 of this Annex.

• 2 For the purpose of this regulation:

  • .1 “Heavy diesel oil” means diesel oil other than those distillates of which more than 50 per cent by volume distils at a temperature not exceeding 340°C when tested by the method acceptable to the Organization.

  • .2 “Fuel oil” means heavy distillates or residues from crude oil or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the specification acceptable to the Organization.

• 3 For the purpose of this regulation, oil tankers are divided into the following categories:

  • .1 “Category 1 oil tanker” means an oil tanker of 20,000 tonnes deadweight and above carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo, and of 30,000 tonnes deadweight and above carrying oil other than the above, which does not comply with the requirements for oil tankers delivered after 1 June 1982, as defined in regulation 1.28.4 of this Annex;

  • .2 “Category 2 oil tanker” means an oil tanker of 20,000 tonnes deadweight and above carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo, and of 30,000 tonnes deadweight and above carrying oil other than the above, which complies with the requirements for oil tankers delivered after 1 June 1982, as defined in regulation 1.28.4 of this Annex; and

  • .3 “Category 3 oil tanker” means an oil tanker of 5,000 tonnes deadweight and above but less than that specified in subparagraph 1 or 2 of this paragraph.

• 4 An oil tanker to which this regulation applies shall comply with the requirements of paragraphs 2 to 5, 7 and 8 of regulation 19 and regulation 28 in respect of paragraph 28.7 of this Annex not later than 5 April 2005 or the anniversary of the date of delivery of the ship on the date or in the year specified in the following table:

Category of oil tanker	Date or year
Category 1	5 April 2005 for ships delivered on 5 April 1982 or earlier 2005 for ships delivered after 5 April 1982
Category 2 and Category 3	5 April 2005 for ships delivered on 5 April 1977 or earlier 2005 for ships delivered after 5 April 1977 but before 1 January 1978 2006 for ships delivered in 1978 and 1979 2007 for ships delivered in 1980 and 1981 2008 for ships delivered in 1982 2009 for ships delivered in 1983 2010 for ships delivered in 1984 or later

• 5 Notwithstanding the provisions of paragraph 4 of this regulation, in the case of a Category 2 or 3 oil tanker fitted with only double bottoms or double sides not used for the carriage of oil and extending to the entire cargo tank length or double hull spaces which are not used for the carriage of oil and extend to the entire cargo tank length, but which does not fulfil conditions for being exempted from the provisions of paragraph 1.3 of this regulation, the Administration may allow continued operation of such a ship beyond the date specified in paragraph 4 of this regulation, provided that:

  • .1 the ship was in service on 1 July 2001;

  • .2 the Administration is satisfied by verification of the official records that the ship complied with the conditions specified above;

  • .3 the conditions of the ship specified above remain unchanged; and

  • .4 such continued operation does not go beyond the date on which the ship reaches 25 years after the date of its delivery.

• 6 A Category 2 or 3 oil tanker of 15 years and over after the date of its delivery shall comply with the Condition Assessment Scheme adopted by the Marine Environment Protection Committee by resolution MEPC.94(46), as amended, provided that such amendments shall be adopted, brought into force and take effect in accordance with the provisions of article 16 of the present Convention relating to amendment procedures applicable to an appendix to an Annex.

• 7 The Administration may allow continued operation of a Category 2 or 3 oil tanker beyond the date specified in paragraph 4 of this regulation, if satisfactory results of the Condition Assessment Scheme warrant that, in the opinion of the Administration, the ship is fit to continue such operation, provided that the operation shall not go beyond the anniversary of the date of delivery of the ship in 2015 or the date on which the ship reaches 25 years after the date of its delivery, whichever is the earlier date.

• 8

  • .1 The Administration of a Party to the present Convention which allows the application of paragraph 5 of this regulation, or allows, suspends, withdraws or declines the application of paragraph 7 of this regulation, to a ship entitled to fly its flag shall forthwith communicate to the Organization for circulation to the Parties to the present Convention particulars thereof, for their information and appropriate action, if any.

  • .2 A Party to the present Convention shall be entitled to deny entry into the ports or offshore terminals under its jurisdiction of oil tankers operating in accordance with the provisions of:

    • .1 paragraph 5 of this regulation beyond the anniversary of the date of delivery of the ship in 2015; or

    • .2 paragraph 7 of this regulation.

    In such cases, that Party shall communicate to the Organization for circulation to the Parties to the present Convention particulars thereof for their information.

Regulation 21. Prevention of oil pollution from oil tankers carrying heavy grade oil as cargo

• 1 This regulation shall:

  • .1 apply to oil tankers of 600 tonnes deadweight and above carrying heavy grade oil as cargo regardless of the date of delivery; and

  • .2 not apply to oil tankers covered by subparagraph 1 above which comply with regulations 19.3.1 and 19.3.2 or 19.4 or 19.5 of this Annex, except that the requirement for minimum distances between the cargo tank boundaries and the ship side and bottom plating need not be met in all respects. In that event, the side protection distances shall not be less than those specified in the International Bulk Chemical Code for type 2 cargo tank location and the bottom protection distances at centreline shall comply with regulation 18.15.2 of this Annex.

• 2 For the purpose of this regulation “heavy grade oil” means any of the following:

  • .1 crude oils having a density at 15°C higher than 900 kg/m³;

  • .2 oils, other than crude oils, having either a density at 15°C higher than 900 kg/m³ or a kinematic viscosity at 50°C higher than 180 mm²/s; or

  • .3 bitumen, tar and their emulsions.

• 3 An oil tanker to which this regulation applies shall comply with the provisions of paragraphs 4 to 8 of this regulation in addition to complying with the applicable provisions of regulation 20.

• 4 Subject to the provisions of paragraphs 5, 6 and 7 of this regulation, an oil tanker to which this regulation applies shall:

  • .1 if 5,000 tonnes deadweight and above, comply with the requirements of regulation 19 of this Annex not later than 5 April 2005; or

  • .2 if 600 tonnes deadweight and above but less than 5,000 tonnes deadweight, be fitted with both double bottom tanks or spaces complying with the provisions of regulation 19.6.1 of this Annex, and wing tanks or spaces arranged in accordance with regulation 19.3.1 and complying with the requirement for distance w as referred to in regulation 19.6.2, not later than the anniversary of the date of delivery of the ship in the year 2008.

• 5 In the case of an oil tanker of 5,000 tonnes deadweight and above, carrying heavy grade oil as cargo fitted with only double bottoms or double sides not used for the carriage of oil and extending to the entire cargo tank length or double hull spaces which are not used for the carriage of oil and extend to the entire cargo tank length, but which does not fulfil conditions for being exempted from the provisions of paragraph 1.2 of this regulation, the Administration may allow continued operation of such a ship beyond the date specified in paragraph 4 of this regulation, provided that:

  • .1 the ship was in service on 4 December 2003;

  • .2 the Administration is satisfied by verification of the official records that the ship complied with the conditions specified above;

  • .3 the conditions of the ship specified above remain unchanged; and

  • .4 such continued operation does not go beyond the date on which the ship reaches 25 years after the date of its delivery.

• 6

  • .1 The Administration may allow continued operation of an oil tanker of 5,000 tonnes deadweight and above, carrying crude oil having a density at 15°C higher than 900 kg/m3 but lower than 945 kg/m3, beyond the date specified in paragraph 4.1 of this regulation, if satisfactory results of the Condition Assessment Scheme referred to in regulation 20.6 warrant that, in the opinion of the Administration, the ship is fit to continue such operation, having regard to the size, age, operational area and structural conditions of the ship and provided that the operation shall not go beyond the date on which the ship reaches 25 years after the date of its delivery.3 but lower than 945 kg/m3, beyond the date specified in paragraph 4.1 of this regulation, if satisfactory results of the Condition Assessment Scheme referred to in regulation 20.6 warrant that, in the opinion of the Administration, the ship is fit to continue such operation, having regard to the size, age, operational area and structural conditions of the ship and provided that the operation shall not go beyond the date on which the ship reaches 25 years after the date of its delivery.

  • .2 The Administration may allow continued operation of an oil tanker of 600 tonnes deadweight and above but less than 5,000 tonnes deadweight, carrying heavy grade oil as cargo, beyond the date specified in paragraph 4.2 of this regulation, if, in the opinion of the Administration, the ship is fit to continue such operation, having regard to the size, age, operational area and structural conditions of the ship, provided that the operation shall not go beyond the date on which the ship reaches 25 years after the date of its delivery.

• 7 The Administration of a Party to the present Convention may exempt an oil tanker of 600 tonnes deadweight and above carrying heavy grade oil as cargo from the provisions of this regulation if the oil tanker:

  • .1 either is engaged in voyages exclusively within an area under its jurisdiction, or operates as a floating storage unit of heavy grade oil located within an area under its jurisdiction; or

  • .2 either is engaged in voyages exclusively within an area under the jurisdiction of another Party, or operates as a floating storage unit of heavy grade oil located within an area under the jurisdiction of another Party, provided that the Party within whose jurisdiction the oil tanker will be operating agrees to the operation of the oil tanker within an area under its jurisdiction.

• 8

  • .1 The Administration of a Party to the present Convention which allows, suspends, withdraws or declines the application of paragraph 5, 6 or 7 of this regulation to a ship entitled to fly its flag shall forthwith communicate to the Organization for circulation to the Parties to the present Convention particulars thereof, for their information and appropriate action, if any.

  • .2 Subject to the provisions of international law, a Party to the present Convention shall be entitled to deny entry of oil tankers operating in accordance with the provisions of paragraph 5 or 6 of this regulation into the ports or offshore terminals under its jurisdiction, or deny ship-to-ship transfer of heavy grade oil in areas under its jurisdiction except when this is necessary for the purpose of securing the safety of a ship or saving life at sea. In such cases, that Party shall communicate to the Organization for circulation to the Parties to the present Convention particulars thereof for their information.

Regulation 22. Pump-room bottom protection

• 1 This regulation applies to oil tankers of 5,000 tonnes deadweight and above constructed on or after 1 January 2007.

• 2 The pump-room shall be provided with a double bottom such that at any cross-section the depth of each double bottom tank or space shall be such that the distance h between the bottom of the pump-room and the ship’s base line measured at right angles to the ship’s base line is not less than specified below:

  • h = B/15(m) or

  • h = 2 m, whichever is the lesser.

The minimum value of h = 1 m.

• 3 In case of pump rooms whose bottom plate is located above the base line by at least the minimum height required in paragraph 2 above (e.g. gondola stern designs), there will be no need for a double bottom construction in way of the pump-room.

• 4 Ballast pumps shall be provided with suitable arrangements to ensure efficient suction from double bottom tanks.

• 5 Notwithstanding the provisions of paragraphs 2 and 3 above, where the flooding of the pump-room would not render the ballast or cargo pumping system inoperative, a double bottom need not be fitted.

Regulation 23. Accidental oil outflow performance

• 1 This regulation shall apply to oil tankers delivered on or after 1 January 2010, as defined in regulation 1.28.8.

• 42 For the purpose of this regulation, the following definitions shall apply:

  • .1 “Load line draught (d_S)” is the vertical distance, in metres, from the moulded baseline at mid-length to the waterline corresponding to the summer freeboard to be assigned to the ship. Calculations pertaining to this regulation should be based on draught d_S, notwithstanding assigned draughts that may exceed d_S, such as the tropical loadline.

  • .2 “Waterline (d_B)” is the vertical distance, in metres, from the moulded baseline at mid-length to the waterline corresponding to 30% of the depth D_S.

  • .3 “Breadth (B_S)” is the greatest moulded breadth of the ship, in metres, at or below the deepest load line d_S.

  • .4 “Breadth (B_B)” is the greatest moulded breadth of the ship, in metres, at or below the waterline d_B.

  • .5 “Depth (D_S)” is the moulded depth, in metres, measured at mid-length to the upper deck at side.

  • .6 “Length (L)” and “deadweight (DW)” are as defined in regulations 1.19 and 1.23, respectively.

• 3 To provide adequate protection against oil pollution in the event of collision or stranding the following shall be complied with:

  • .1 for oil tankers of 5,000 tonnes deadweight (DWT) and above, the mean oil outflow parameter shall be as follows:

    	OM ≤ 0.015	for C ≤ 200,000 m3
    	OM ≤ 0.012 + (0.003/200,000) (400,000-C)	for 200,000 m3 < C < 400,000 m3
    	OM ≤ 0.012	for C ≥ 400,000 m3

    for combination carriers between 5,000 tonnes deadweight (DWT) and 200,000 m3 capacity, the mean oil outflow parameter may be applied, provided calculations are submitted to the satisfaction of the Administration, demonstrating that after accounting for its increased structural strength, the combination carrier has at least equivalent oil out flow performance to a standard double hull tanker of the same size having a O_M < = 0.015.

    	OM ≤ 0.021	for C ≤ 100,000 m3
    	OM ≤ 0.015 + (0.006/100,000) (200,000-C)	for 100,000 m3 < C ≤ 200,000 m3

    where:

    O_M = mean oil outflow parameter.

    C = total volume of cargo oil, in m3, at 98% tank filling

  • .2 for oil tankers of less than 5,000 tonnes deadweight (DWT):

    The length of each cargo tank shall not exceed 10 m or one of the following values, whichever is the greater:

    • .1 where no longitudinal bulkhead is provided inside the cargo tanks:

      

    • .2 where a centreline longitudinal bulkhead is provided inside the cargo tanks:

      

    • .3 where two or more longitudinal bulkheads are provided inside the cargo tanks:

      • .1 for wing cargo tanks: 0.2L

      • .2 for centre cargo tanks:

        • .1 if

          

        • .2 if

          

          • - where no centreline longitudinal bulkhead is provided:

            

          • - where a centreline longitudinal bulkhead is provided:

            

    • .4 b_i is the minimum distance from the ship’s side to the outer longitudinal bulkhead of the tank in question measured inboard at right angles to the centreline at the level corresponding to the assigned summer freeboard.

• 4 The following general assumptions shall apply when calculating the mean oil outflow parameter:

  • .1 The cargo block length extends between the forward and aft extremities of all tanks arranged for the carriage of cargo oil, including slop tanks.

  • .2 Where this regulation refers to cargo tanks, it shall be understood to include all cargo tanks, slop tanks and fuel tanks located within the cargo block length.

  • .3 The ship shall be assumed loaded to the load line draught dS without trim or heel.

  • .4 All cargo oil tanks shall be assumed loaded to 98% of their volumetric capacity. The nominal density of the cargo oil (ρn) shall be calculated as follows:

  • ρn = 1000 (DWT)/C (kg/m³)

  • .5 For the purposes of these outflow calculations, the permeability of each space within the cargo block, including cargo tanks, ballast tanks and other non-oil spaces shall be taken as 0.99, unless proven otherwise.

  • .6 Suction wells may be neglected in the determination of tank location provided that such wells are as small as practicable and the distance between the well bottom and bottom shell plating is not less than 0.5h, where h is the height as defined in regulation 19.3.2.

• 5 The following assumptions shall be used when combining the oil outflow parameters:

  • .1 The mean oil outflow shall be calculated independently for side damage and for bottom damage and then combined into the non-dimensional oil outflow parameter O_M, as follows:

  • O_M = (0.4 O_MS + 0.6 O_MB ) / C

  • where:

    • O_MS = mean outflow for side damage, in m³; and

    • O_MB = mean outflow for bottom damage, in m³.

  • .2 For bottom damage, independent calculations for mean outflow shall be done for 0 m and minus 2.5 m tide conditions, and then combined as follows:

  • O_MB = 0.7 O_MB(0) + 0.3 O_MB(2.5)

  • where:

    • O_MB(0) = mean outflow for 0 m tide condition; and

    • O_MB(2.5) = mean outflow for minus 2.5 m tide condition, in m³.

• 6 The mean outflow for side damage OMS shall be calculated as follows:

  

where:

	i	=	represents each cargo tank under consideration;
	n	=	total number of cargo tanks;
	PS(i)	=	the probability of penetrating cargo tank i from side damage, calculated in accordance with paragraph 8.1 of this regulation;
	OS(i)	=	the outflow, in m3, from side damage to cargo tank i, which is assumed equal to the total volume in cargo tank i at 98% filling, unless it is proven through the application of the Guidelines referred to in regulation 19.5 that any significant cargo volume will be retained; and
	C3	=	0.77 for ships having two longitudinal bulkheads inside the cargo tanks, provided these bulkheads are continuous over the cargo block and Ps(i) is developed in accordance with this regulation. C3 equals 1.0 for all other ships or when Ps(i) is developed in accordance with paragraph 10 of this regulation.

• 7 The mean outflow for bottom damage shall be calculated for each tidal condition as follows:

  • 

    where:

    	i	=	represents each cargo tank under consideration;
    	n	=</