23
ffi MINISTRY OF TRANSPORT DEPARTMENT OF MARINE ADMINISTRATION No-363/421, Corner of Merchant& Theinbyu Road, Botataung Township, Yangon,Myanmar E-mail: [email protected] ; dma.myan@ gmail.com P.O.Box: 194 Tel: 095 -1- 397640 Fax: 095 -l-397641 Date: 26ftDecember 2014 Directive (2912014) National Requirement for Regulations 13Fand 13G and Related Amendments to AnnexI of MARPOL73178 Applicableto: Ship owners, Recognized Organizations, ShippingCompanies, Flag State Survevors L The Departmentof Marine Administration circulated this directive in the exerciseof the power of Section 294(8), paragraph (b) of Myanmar Merchant Shipping Act. 2. Pursuantto the provision of Section 213(A) of Myanmar Merchant Shipping Act and Regulation l3F and l3G and related amendments to Annex I of MARPOL 73178, the Department of Marine Administration shall employ the Resolution MEPC 52 (32) and Resolution MEPC 95(46),amendments to the Annex I of the Protocol of 1978 Relatingto the International Convention for the Prevention of Pollution from Ships, 1973 to be usedasNational Requirement for the survey and certifications of Myanmar flagged tankers engaged on intemational voyages. 3. The purpose of this directive is the national requirement for the prevention of oil pollution in the eventof collision or stranding measures for existingMyanmar flagged tankers to be compliedwith the requirement providedin Annex I to MARPOL 73178, as amended. W' -,| -.--lvlaungMaung Oo Director General Department of Marine Administration

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Page 1: ffi DEPARTMENT OF MARINE ADMINISTRATION MINISTRY OF …

ffiMINISTRY OF TRANSPORT

DEPARTMENT OF MARINE ADMINISTRATION

No-363/421, Corner of Merchant & Theinbyu Road,Botataung Township, Yangon, Myanmar

E-mail : [email protected] ; dma.myan@ gmail.com

P.O.Box: 194

Tel: 095 -1- 397640

Fax: 095 -l-397641

Date: 26ft December 2014

Directive (2912014)

National Requirement for Regulations 13F and 13G and Related Amendments toAnnex I of MARPOL73178

Applicable to: Ship owners, Recognized Organizations, Shipping Companies, Flag StateSurvevors

L The Department of Marine Administration circulated this directive in the exercise of thepower of Section 294(8), paragraph (b) of Myanmar Merchant Shipping Act.

2. Pursuant to the provision of Section 213(A) of Myanmar Merchant Shipping Act andRegulation l3F and l3G and related amendments to Annex I of MARPOL 73178, theDepartment of Marine Administration shall employ the Resolution MEPC 52 (32) andResolution MEPC 95(46), amendments to the Annex I of the Protocol of 1978 Relating to theInternational Convention for the Prevention of Pollution from Ships, 1973 to be used as NationalRequirement for the survey and certifications of Myanmar flagged tankers engaged onintemational voyages.

3. The purpose of this directive is the national requirement for the prevention of oilpollution in the event of collision or stranding measures for existing Myanmar flagged tankers tobe complied with the requirement provided in Annex I to MARPOL 73178, as amended.

W' -,|

-.--lvlaungMaung Oo

Director General

Department of Marine Administration

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RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

Page 3: ffi DEPARTMENT OF MARINE ADMINISTRATION MINISTRY OF …

RESOLllTION HEPC. S2 ( 32) adopted on 6 March 1992

&~ENDHENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE I~TERNATIONAL CONVENTION FOR THE PREVENT ION OF

POLI.UTION FROM SHIPS, 1973

(New regulations 13F and 13G a nd related amendments t o Annex I o f MARPOL 73/78 )

THE KARINE ENVIRONMENT PROTECTION COIiHITTEE,

RECALLING Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Commi ttee,

NOTING art icle 16 of the Internat iona l Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1973 Convention") , and article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pol l ution from Ships, 1973 (hereinafter referred t o as the " 1978 Protoco l"), which confer upon the appropriate bod y of the Organization the functi on of considering and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (HARPOl 73/78),

NOTING ALS O resolution A. 675(16) on prevention of oi l pollution,

RECOGN IZING the sever ity of mar i ne po l lution i ncidents r es ul ting from tanke r casualties ,

DESIRING t o improve the r eq ui reme nts f o r the de s ign and construc tion of oil tankers to prevent oi l pol lut ion i n t he event o f colli sion or gr oundin g ,

HAVING CONSIDERED, at its thirty-second s ession, amendments to t he 1978 Protocol proposed and circulated in accordaoce with art ic le 1~ (2) (a)

of the 1973 Convention,

1. ADOPTS, in accordance with arti c le 16(2)(d) of the 1973 Convention, amen dments to t he Annex of the 1978 Protoco l , the text of whi ch is set out in the Ann ex to the present res olution;

2. DETE~~INE S , in accordance with article 16(2 ) (£)(iii ) of t he 1973 Convention, that the amendments sha l l be deemed to have been acc epted on 6 Januarv 199 3, unless prior to thi s date one third or more of the Parties, or the Parties the combined merchant fleets of which constitute fifty per cent or more of the gross tonnage o f the world ' s me r chant fleet , have communicated to the Organization their objections t o the amendments;

3. INV ITES the Parties to note that, in accordance with article 16(2) (g) (ii ) of the 1973 Convention, the amendments shal l enter into for ce on 6 J uly 199 3 upon their acceptance in accordance with paragraph 2 above;

~. REQUESTS t he Secretar y-General. in conformity with arti c le 16(2)(e) of the 1973 Conventi on, to transmi t to a l l Parties to HARPOL 73/78 certified copies of the present resolution and the text of the amendment~ contained in the Anne x ~

5 . PURTRER REQUESTS the Secretary-General t o transmit copies of the resolution and its Anne x to the Membe rs of the Organization which are no t PaY ties t o HARPOL 73/78;

RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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6. AGREES to develop as a matter of ur gency;

(a) guidelines for approval of alternative methods of design and construc t ion of oil tanker s as called fo r in regulation 13F(S),

(b) guidelines for approval of alternative structural or operational arrangements as called for in regulation 13G(7) ; and

(e) guidelines for an enhanced programme of surveys and inspections as called for in regulation 13G(J).

RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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ANNEX

AMENDMENTS TO ANNEX 1 OF KARPOL 73/78

Regulation 1

Definitions

The falloying new paragraph (8)(c) is inserted after the existing para~r8ph (B)(b):

"(c) Notwithstanding the provisions of subparagraph (a) of this para~raph, conversion of an existing oil tanker co meet the requirements of regu lat i on 13F or 13G of this Annex shal l not be dee~ed to constitu t e a ma jor conversion for the purpose of th is Annex."

Ne~ re gulations 13F and 13G

Th~ foll owi ng new regulations 13F and 13G are inserted after the existing regulation 13£:

REGULATION 13F OF ANNEX I OF HARPOL 73 /78

Prevention of oil pollution in the event of collision or stranding

(1) This reg1llation shall appl y t o oil tankers of 600 tons deadweight. and above:

(a) for which th e bu ild ing contract is placed on or after 6 July 1993, or

(b) i n the absence of a building contract, the keels of ~hich are laid or whi ch are at a simi lar stage of construction on or after 6 January 1994, or

(c) the delivery of wh i ch is on or after 6 July 1996 , or

(d) whic h have und ergone a major conversion:

(i) for whi ch the contract is placed after 6 July 1993; or

(ii) in the absence of a contract, the construction work of which is begun after 6 January 1994; or

(iii) whi ch i s completed after 6 July 1996.

(2) Every oi l tanker of 5,000 t ons deadwe ight and above shall:

(a) in li eu of re~ul ation 13£, as applicab le, comply with the req uirements of paragraph (3) unless it is subject to the provisions of pa ragraphs (4) and (5); and

(b) comply, if applicable, with the requirements of paragraph (6).

RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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() ) The ent ire cargo tank length shall be protected by ballast ta nks or spaces ot her th an c argo and fuel oil tanks as £011 01.'5 :

(a) Win~ tanks or spaces

Win~ tanks or spaces shall extend either for the full depth of the ship's side or from t he top of the douhle bo tt om t o t he uppermos t deck, disrega r ding a rounded gunwale where fitted. They shall be arranged such t hat the cargo tanks are l oca ted inboard of th e moulded line of the side shell plating, nOl.'here less than the distance w wh ich , as shown in figure 1, i s measured at an y cross-section at right angles to the side shell, as specified be l o,",:

w = 0 .5 ... DW (m) or 20,000

'"' = 2 .0 m, whichever i s th e l esser.

The minimum value of w = 1 . 0 m.

(b) Double bottom t anks or spaces

At any cross -sec tion the de pth of each double bo ttom tank or space shall be such that the distance h between t~e bottom of the cargo tanks an d the moul ded line of the bottom shell pl at ing measured at r ight an~les to the bottom shel l plating as shown in figure 1 i s not l ess t han specified be l ow :

h B/l5 (m) or

h 2.0 m, whichever is the lesser.

The minimum value of h = 1 . 0 m.

(c) Turn of the bilge ar ea or a t loca tions without a clearly defined t urn of the bi 1ge

Wh e n t he di stances h and ware differen t , the dis ta nce w shall have preference at levels exceed ing 1.5 h above t he base line a s shown i n figu re 1.

( d) The aggregate capaci t y of b alla~t tanks

On crude oil tankers of 20,000 t ons deadweight and ab ove and product carriers of 30,000 tons deadwe ight and above, the aggregate capac ity of win g tanks, double bottom tanks, f orepeak tanks and a fterpeak tank s s ha l l no t be less than the capacity of segregated ballast tanks necessa ry t o meet the requirements of regulation 13 . Wi ng tanks or spaces and double bott om tank s used to meet the requirements o f regulation 13 shall be located as un iformly as practicable al ong the cargo tank length. Addi tiona l segregated ballast capacity provided for reducing l ongitudina l hull girder bending stress, trim, e t c., ma y be located anywhere with in the sh i p .

(el Suction well s i n cargo tanks

Suc tion well s in cargo tanks may protrude into t he double bottom below the bound a r y l ine defined by t he distance h provided tha t such wells are as small as practicable an d the distance between the well bottom an d bot tom s hell pl a ti ng is not less than 0 . 5 h.

RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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(f) Ballast and cargo piping

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

(4) (a) Double bottom tanks or spaces as required by paragraph O)(b) may be di s pensed 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 formu l a:

where~

P,

f

g

height of cargo in contact with the bottom shell plating i n metres

maximum cargo density in t/m3

m1nlMum operating draught under any expected loading condition in me tres

density of sea water in t/m3

maximum set pressure of pressure/vacuum valve provided for the cargo tank in bars

safety factor 5 1.1

standard acceleration of gravity (9.81 111/9 2 ).

(b) Any horizontal partition necessary to fulfil the above requirements shal l be located at a height of not less than B/6 or 6 metres, whichever is the lesser, but not more than 0.60, above the baseline where D is the moulded depth amidships.

(c) The location of wing tanks or spaces shall be as defined in paragraph (l){a) except that, below a level 1.S h above t he baseline where h i s a s defined in paragraph (3)(b), 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 als o be accepted as alternatives to the requirements prescribed in paragraph (3) , 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 i n principl e by the Marine Environment Protection Committee based on gu i de lines developed by the Or ganization.

(6) For oi l tankers of 20,000 tons deadweight and above the damage assumptions prescribed in regulation 2S(2)(b) shall be supplemented by the following assumed bottom raking damage:

RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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(8) lon g itudinal ex tent:

(i) ships of 75,000 tons deadweight and above :

0.6 L measured frorn t he forward perpendicu l ar

(ii) ships of less than 75 ,000 tons deadlo1eighc

0.4 L measured from the forward perpendicular

(b) transverse extent: B/3 anywhere in the bottom

(e) verti cal extent: breach of the ou ter hu ll .

(7) Oil tankers of leas than 5,000 tons deadweight shall:

(a) at least be fitted wi t h double bottom tanks or spaces having such a depth that t he dis t a nce h s pecified in paragraph (3)(b) complies with the following:

h - B/15 (m) with a minimum value of h D 0.76 m;

in t he turn of the bi lge area and at locat ions wi thout a clearly def ined turn of the bilge, the cargo tank boundary line s hall run parallel to the line of the mid-ship flat bottom as shown in figure 3; and

( b) be pr ovided with cargo tanks so arranged that t he capacity of each cargo tank does not exceed 700 m3 unless wing tanks or space s are arranged in accordance with paragraph (3)(a) comply ing with the following:

w ~ 0.4 + 2.4 OW (m) 20,000

with a minimum value of w = 0 . 76 m.

(8) Oil shall not be car ried in any space extending forward of a collision bulkhead located in accordance with regulation 11-1/11 of the Internationa l Convention for the Safe t y of Li fe at Sea , 1974, as amend ed . An oi l tanker that i s not required t o have a co l lision bulkhead in acco rdance wi th that regula t ion shall not carry oi l in any space extending forwsrd of the transverse plane perpendi cular to the centreline that is located as if it were a collision bulkhead located in accordance wi th that regulation.

(9) In appr ov ing the design and construc tion of oil tankers to be built in accordance with the provisions of this regulation , Admini s trations shall have due re gard t o the genersl safety aspec t s including the need f or the maintenance and ins pec t ions of wing and double bottom tanks or spaces.

RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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- 7

w w

h~w

h

Figure 1 Cargo tank boundary lines for the purpose of paragraph (3)

RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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w

1.5· h

base line

Figure 2

Cargo tank boundary 1 iues for th e purpose of paragraph (4)

RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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h

• base line

Figure 3

Cargo tank boundary lines for the purpose of paragraph (7)

RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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REGULATION 13C OF ANNEX I OF HARPOL 73 / 78

Prevention of oil pollution in the event of collision or stranding

Measures for existing tankers

(1) This regu l ation shall:

(a) apply to crude oil tankers of 20 ,000 t ons deadwei ght and above And to product carriers of 30,000 tons deadweight and Above, which ar e contracted, the kee ls of which are laid. or which Are de l ivered before the dates specified in regulation 13F(l) of this Annex; and

(b) not apply t o oil tankers comply ing with regulation 13F of this Annex, whi ch are contracted, the keel s of whi ch are laid, or are de livered before the dates spec ified in regulation 13F(I } of this Annex; and

(e ) not apply to oil tBn~ers covered by subparagraph ( a ) ab ove which comply with regulation 13F( 3)(a) and (b) or l3F(q) or 13F(5) of this Annex, except that the r equirement 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 thos e specified i n the International Bulk Chemical Code for type 2 cargo tank location a nd the bottom prote c tion shall compl y with regu lation IJE(4)(b) o f this Annex .

(2) The requirements of this regulation shall take effect as from 6 J uly 1995.

(3) (a ) An oil tanker to which this regulation applies shall be s uh ject to an enhanced programme of inspections during periodical, int ermediate and annual surveys, the scope and frequency of whi ch shal l at least compl y with the guidelines deve l oped by t he Organization.

(b) An oil tanker over five years of age to which this regulation applies shall have on board, available t o the competent authority of any Government of a State Party to t he present Convention, a compl ete file of the survey reports. including the results of all scantling measurement required , as well as t he statement of structural work carri ed out.

(c) Th is file shall be accompanied by a cond it ion evaluation report, containing conclusions on the structural condition of the ship and its residual scantlings, endorsed to indicate that it has been accepted by or on behalf of the flag Administration. This file and condit ion eval uation report shall be prepared in a s tandard format as con tained in the guide lines developed by the Organization.

(4) An oil tanker not meeting the requirements of a new oil tanke r as de fi ned in r egulation 1(2 6) of this Anne x shall comply with the requirements of regulation I J F of th i s Anne~ not later than 25 yea rs after its date of delivery, unles s wing tanks or double bottom spaces , not used for the carriage of oil and meeting the width and height requirements of regulation 13E(q), cover at least 30% of Lt for the fu ll dep th of the ship on each side or at least 30% of the projected bott om shell area LPAs wi thin the length Lt . where L~ and the pro jected bottom shel l area EPAs are as de fined in reg ulat ion IJE(2), in whi ch case compl i ance with regulation l3F is required not later than 30 year s after its date of delivery.

RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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(5) An oil tanker mee t ing the requirements of a new oil tanker as defined in r egu lation 1(26) o C this Annex shall comply with the requirements of regul ation l3F of thi s Annex not later than 30 years after its date of delivery .

(6) Any new bal last and load conditions resulting fr om the application of paragraph (~) of this regulation shal l be subject to approval of the Admin is tration which shall have regard, in parti cular, to longitudinal and loca l strength, intact st ability and, if applicable, damage stability.

(7) Other s tructural or operational arrangements such as hydrostatically balanced loading may be accepted as alternatives t o the requirements prescribed i n paragraph (4), provided that such alternatives ensure at least the same level of protection against oil pollution in the event of collision or s tranding a nd are approved by the Administration based on guide l ines dev e l oped by the Organization.

Regula tion 24(4)

Limitation of size and arrangement of cargo tanks

The existing text of paragraph (4) is replaced by the following:

"( 4) The length o f each ca rgo tank shall not exceed 10 me t res or one of the follow ing values, whichever is th e greater:

(a) Where no longitudinal bulkhead is provided inside the ca r go tanks:

bi (0 .5 S- + 0.1) L

but not to exceed 0.2 L

(b) Where a centreline longitudinal bul kh ead is provided inside the cargo tank s ~

(0 .25 bi + 0.15) L B

(c) Where two or more longitudinal bulkheads are provided inside the cargo tanks;

(i ) for wing cargo t anks;

0.2 L

(ii) for centre cargo tanks:

(1) if bi i s eq ual to or greater than one fifth; 8

0.2 L

RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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(2) if bi is less than One fifth: B

Wher e no centreline longi t udinal bu l khead is provided:

bi (0.5 +O.1)L B

Where a centreline longitudinal bulkhead is provided;

(0.25 bi + 0.15) L B

(d) "bi" is the minimum distance from the ship's side to the oute r longitudinal bulkhead of the tank in question measured inboard at right angles to the centrel ine a t t he level corresponding t o the assigned summer f reeboard. "

AMENDMENTS TO THE RECORD OF CONSTRU CT ION AND EQUIPMENT FOR OIL TANKERS (FORM B)

Th e following new paragraph 5.8 is inserted a fter the exi sting paragraph 5 .7;

" 5.8 Double hull construction

5.8.1 The s hip is required to be constructed according t o regulation 13F and complies with the requirements of :

5 .8.2

5.8 . 3

5. 8 .4

5.8.5

.1

.2

. 3

paragraph (3) (double hull construction)

paragraph (4) (mid-height deck tankers with double side const ru ction)

paragraph (5) (al te r native me t hod approved by the Marine Environment Protection Committee)

The ship is required to be cons tructed according to and complies with the requireme nts o f regulation l3F(7) (double bottom requirements)

The ship is not r equi red t o comply with the requir ements of regulation 13F

The ship is subject to regulation 13G and:

.1 is required to comply with regulation 13F not later thsn •••.••.••••••.•••.•.• •• • ••••.

. 2 is so arranged that the following tanks or spaces are not us ed for the carriage of oil .... .. .... ....... . .. . . ... .... .. ... ..... . .... I I

The ship is no t sub j ec t to regulation l3G

RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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RESOLUTION MEPC.52(32) adopted on 6 March 1992 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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RESOLUTION MEPC.95(46) Adopted on 27 April 2001

AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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RESOLUTION MEPC.95(46)

Adopted on 27 April 2001

AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM

SHIPS, 1973

(Amendments to regulation 13G of Annex I to MARPOL 73/78 and to the Supplement to the IOPP Certificate)

THE MARINE ENVIRONMENT PROTECTION COMMITTEE, RECALLING article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Marine Environment Protection Committee (the Committee) conferred upon it by international conventions for the prevention and control of marine pollution, NOTING article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the “1973 Convention”) and article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the “1978 Protocol”) which together specify the amendment procedure of the 1978 Protocol and confer upon the appropriate body of the Organization the function of considering and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78), HAVING CONSIDERED the proposed amendments to regulation 13G of Annex I to MARPOL 73/38, which were approved by the forty-fifth session of the Committee and circulated in accordance with article 16 (2) (a) of the 1973 Convention, HAVING ALSO CONSIDERED the proposed amendments to the Supplement to the IOPP Certificate which are consequential amendments to the proposed amendments to regulation 13G of Annex I to MARPOL 73/78, 1. ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention, the amendments to regulation 13G of Annex I to MARPOL 73/78 and to the Supplement to the IOPP Certificate, the text of which is set out at annex to the present resolution; 2. DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention, that the amendments shall be deemed to have been accepted on 1 March 2002, unless prior to that date, not less than one-third of the Parties or Parties the combined merchant fleets of which constitute not less than 50 per cent of the gross tonnage of the world’s merchant fleet, have communicated to the Organization their objection to the amendments; 3. INVITES the Parties to note that, in accordance with article 16(2)(g)(ii) of the 1973 Convention, the said amendments shall enter into force on 1 September 2002 upon their acceptance in accordance with paragraph 2 above;

RESOLUTION MEPC.95(46) Adopted on 27 April 2001

AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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4. REQUESTS the Secretary-General, in conformity with article 16(2)(e) of the 1973 Convention, to transmit to all Parties to MARPOL 73/78 certified copies of the present resolution and the text of the amendments contained in the Annex; and 5. REQUESTS FURTHER the Secretary-General to transmit to the Members of the Organization which are not Parties to MARPOL 73/78 copies of the present resolution and its annex.

RESOLUTION MEPC.95(46) Adopted on 27 April 2001

AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

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ANNEX

AMENDMENTS TO ANNEX I TO MARPOL 73/78 1 The existing text of regulation 13G is replaced by the following:

“Regulation 13G

Prevention of oil pollution in the event of collision or stranding - Measures for existing tankers

(1) This regulation shall:

(a) apply to oil tankers of 5,000 tons deadweight and above, which are contracted, the keels of which are laid, or which are delivered before the dates specified in regulation 13F(1) of this Annex; and

(b) not apply to oil tankers complying with regulation 13F of this Annex, which are

contracted, the keels of which are laid, or are delivered before the dates specified in regulation 13F(1) of this Annex; and

(c) not apply to oil tankers covered by subparagraph (a) above which comply with

regulation 13F(3)(a) and (b) or 13F(4) or 13F(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 shall comply with regulation 13E(4)(b) of this Annex.

(2) For the purpose of this regulation:

(a) “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 340ºC when tested by the method acceptable to the Organization.

(b) “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:

(a) “Category 1 oil tanker” means an oil tanker of 20,000 tons deadweight and above carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo, and of 30,000 tons deadweight and above carrying oil other than the above, which does not comply with the requirements for new oil tankers as defined in regulation 1(26) of this Annex;

RESOLUTION MEPC.95(46) Adopted on 27 April 2001

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(b) “Category 2 oil tanker” means an oil tanker of 20,000 tons deadweight and above carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo, and of 30,000 tons deadweight and above carrying oil other than the above, which complies with the requirements for new oil tankers as defined in regulation 1(26) of this Annex;

(c) “Category 3 oil tanker” means an oil tanker of 5,000 tons deadweight and above

but less than that specified in subparagraph (a) or (b) of this paragraph.

(4) An oil tanker to which this regulation applies shall comply with the requirements of regulation 13F of this Annex not later than the anniversary of the date of delivery of the ship in the year specified in the following table:

* Subject to compliance with the provisions of paragraph (7).

Category of oil tanker

Year

Category 1 2003 for ships delivered in 1973 or earlier 2004 for ships delivered in 1974 and 1975 2005* for ships delivered in 1976 and 1977 2006* for ships delivered in 1978, 1979 and 1980

2007* for ships delivered in 1981 or later Category 2 2003 for ships delivered in 1973 or earlier

2004 for ships delivered in 1974 and 1975 2005 for ships delivered in 1976 and 1977 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 2011* for ships delivered in 1985 2012* for ships delivered in 1986 2013* for ships delivered in 1987 2014* for ships delivered in 1988 2015* for ships delivered in 1989 or later

Category 3 2003 for ships delivered in 1973 or earlier 2004 for ships delivered in 1974 and 1975

2005 for ships delivered in 1976 and 1977 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 2011 for ships delivered in 1985 2012 for ships delivered in 1986 2013 for ships delivered in 1987 2014 for ships delivered in 1988 2015 for ships delivered in 1989 or later

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(5) Notwithstanding the provisions of paragraph (4) of this regulation:

(a) 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 does not fulfil conditions for being exempted from the provisions of paragraph (1)(c) 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:

(i) the ship was in service on 1 July 2001; (ii) the Administration is satisfied by verification of the official records that

the ship complied with the conditions specified above; (iii) the conditions of the ship specified above remain unchanged; and (iv) such continued operation does not go beyond the date on which the ship

reaches 25 years after the date of its delivery; (b) in the case of a Category 2 or 3 oil tanker other than that referred to in sub- paragraph

(a) of this paragraph which complies with the provisions of paragraph (6)(a) or (b) 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 such continued operation shall not go beyond the anniversary of the date of delivery of the ship in 2017 or the date on which the ship reaches 25 years after the date of its delivery, whichever is the earlier date.

(6) A Category 1 oil tanker of 25 years and over after the date of its delivery shall comply with either of the following provisions:

(a) wing tanks or double bottom spaces, not used for the carriage of oil and meeting the width and height requirements of regulation 13E(4), cover at least 30% of Lt, for the full depth of the ship on each side or at least 30% of the projected bottom shell area within the length Lt, where Lt is as defined in regulation 13E(2); or

(b) the tanker operates with hydrostatically balanced loading, taking into account the

guidelines developed by the Organization. (7) The Administration may allow continued operation of a Category 1 oil tanker beyond the anniversary of the date of delivery of the ship in 2005, and of a Category 2 oil tanker beyond the anniversary of the date of delivery of the ship in 2010, subject to compliance with the Condition Assessment Scheme adopted by the Marine Environment Protection Committee by resolution MEPC.94(46), as may be 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.

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(8) (a) The Administration of a State 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.

(b) A Party to the present Convention shall be entitled to deny entry of oil tankers

operating in accordance with the provisions of paragraph (5) of this regulation into the ports or offshore terminals under its jurisdiction. In such cases, that Party shall communicate to the Organization for circulation to the Parties to the present Convention particulars thereof for their information.”

AMENDMENTS TO APPENDIX II TO ANNEX I TO MARPOL 73/78 Amendments to the Supplement to the IOPP Certificate (Form B) 2 The existing paragraph 5.8.4 is replaced by the following: “5.8.4 The ship is subject to regulation 13G and:

.1 is required to comply with regulation 13F not later than .................................□ .2 is so arranged that the following tanks or spaces are not used for the

carriage of oil ....................................................................................................□ .3 is provided with the operational manual approved on ……. in accordance

with resolution MEPC.64(36) ..........................................................................□

.4 is allowed to continue operation in accordance with regulation 13G(5)(a) .....□

.5 is allowed to continue operation in accordance with regulation 13G(5)(b) ......□

.6 is allowed to continue operation in accordance with regulation 13G(7) ...........□”

RESOLUTION MEPC.95(46) Adopted on 27 April 2001

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RESOLUTION MEPC.95(46) Adopted on 27 April 2001

AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973