Intellectual Property Rights from Publicly Financed Research and
R 385
Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act No. 2 of 1986)ScheduleInternational Convention for the Prevention of Pollution from Ships, 1973Protocol of 1978Relating to the International Convention for the Prevention of Pollution from Ships, 1973Annexes : RegulationsAnnex I : Regulations for the Prevention of Pollution by OilChapter II : Requirements for Control of Operational PollutionRegulation 10 : Methods for the Prevention of Oil Pollution from Ships while operating in Special Areas |
| (1) | For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the Gulfs area, the Gulf of Aden and the Antarctic area which are defined as follows: |
| (a) | The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41°N parallel and bounded to the west by the Straits of Gibraltar at the meridian of 5°36'W. |
| (b) | The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57°44.8'N. |
| (c) | The Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41°N. |
| (d) | The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12°8.5'N, 43°19.6'E) and Husn Murad (12°40.4'N, 43°30.2'E). |
| (e) | The Gulfs area means the sea area located north west of the rhumb line between Ras al Hadd (22°30'N, 59°48'E) and Ras Al Fasteh (25°04'N, 61°25'E). |
| (f) | 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°8.5'N, 43°19.6'E) and Husn Murad (12°40.4'N, 43°30.2'E) and to the east by the rhumb line between Ras Asir (11°50'N, 51°16.9'E) and Ras Fartak (15°35'N, 52°13.8'E). |
| (g) | The Antarctic area means the sea area south of 60° south latitude. |
| (2) | Subject to the provisions of Regulation 11 of this Annex- |
| (a) | any discharge into the sea of oil or oily mixture from any oil tanker or any ship of 400 tons gross tonnage and above other than an oil tanker shall be prohibited; while in a special area. In respect of the Antarctic area, any discharge into the sea of oil or oil mixture from any ship shall be prohibited; |
| (b) | any discharge into the sea of oil or oily mixture from a ship of less than 400 tons gross tonnage, other than an oil tanker, shall be prohibited while in a special area, except when the oil content of the effluent without dilution does not exceed 15 parts per million. |
(3)
| (a) | The provisions of paragraph (2) of this Regulation shall not apply to the discharge of clean or segregated ballast. |
| (b) | The provisions of subparagraph (2)(a) of this Regulation shall not apply to the discharge of processed bilge water from machinery spaces, provided that all the following conditions are satisfied: |
| (i) | the bilge water does not originate from cargo pump-room bilges; |
| (ii) | the bilge water is not mixed with oil cargo residues: |
| (iii) | the ship is proceeding en route; |
| (iv) | the oil content of the effluent without dilution does not exceed 15 parts per million; |
| (v) | the ship has in operation oil filtering equipment complying with Regulation 16(5) of this Annex; and |
| (vi) | the filtering system is equipped with a stopping device which will ensure that the discharge is automatically stopped when the oil content of the effluent exceeds 15 parts per million. |
(4)
| (a) | 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. |
| (b) | The oil residues which cannot be discharged into the sea in compliance with paragraph (2) or (3) of this Regulation shall be retained on board or discharged to reception facilities. |
| (5) | Nothing in this Regulation shall prohibit a ship on a voyage only part of which is in a special area from discharging outside the special area in accordance with Regulation 9 of this Annex. |
| (6) | Whenever visible traces of oil are observed on or below the surface of the water in the immediate vicinity of a ship or its wake, the Governments of Parties to the Convention should, to the extent they are reasonably able to do so, promptly investigate the facts bearing on the issue of whether there has been a violation of the provisions of this Regulation or Regulation 9 of this Annex. The investigation should include, in particular, the wind and sea conditions, the track and speed of the ship, other possible sources of the visible traces in the vicinity, and any relevant oil discharge records. |
| (7) | Reception facilities within special areas: |
| (a) | Mediterranean Sea, Black Sea and Baltic Sea areas: |
| (i) | The Government of each Party to the Convention, the coastline of which borders on any given special area undertakes to ensure that not later than 1 January 1977 all oil loading terminals and repair ports within the special area are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from oil tankers. In addition all ports within the special area shall be provided with adequate reception facilities for other residues and oily mixtures from all ships. Such facilities shall have adequate capacity to meet the needs of the ships using them without causing undue delay. |
| (ii) | The Government of each Party having under its jurisdiction entrances to seawater courses with low depth contour which might require a reduction of draught by the discharge of ballast undertakes to ensure the provision of the facilities referred to in subparagraph (a)(i) of this paragraph but with the proviso that ships required to discharge slops or dirty ballast could be subject to some delay. |
| (iii) | During the period between the entry into force of the present Convention (if earlier than 1 January 1977) and 1 January 1977 ships while navigating in the special areas shall comply with the requirements of Regulation 9 of this Annex. However, the Governments of Parties the coastlines of which border any of the special areas under this subparagraph may establish a date earlier than 1 January 1977, but after the date of entry into force of the present Convention, from which the requirements of this Regulation in respect of the special areas in question shall take effect: |
| (1) | if all the reception facilities required have been provided by the date so established; and |
| (2) | provided that the Parties concerned notify the Organization of the date so established at least six months in advance, for circulation to other Parties. |
| (iv) | After 1 January 1977, or the date established in accordance with subparagraph (a)(iii) of this paragraph if earlier, each Party shall notify the Organization for transmission to the Contracting Governments concerned of all cases where the facilities are alleged to be inadequate. |
| (b) | Red Sea area, Gulfs area and the Gulf of Aden area: |
| (i) | The Government of each Party the coastline of which borders on the special areas undertakes to ensure that as soon as possible all oil loading terminals and repair ports within these special areas are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from tankers. In addition all ports within the special area shall be provided with adequate reception facilities for other residues and oily mixtures from all ships. Such facilities shall have adequate capacity to meet the needs of the ships using them without causing undue delay. |
| (ii) | The Government of each Party having under its jurisdiction entrances to seawater courses with low depth contour which might require a reduction of draught by the discharge of ballast shall undertake to ensure the provision of the facilities referred to in subparagraph (b)(i) of this paragraph but with the proviso that ships required to discharge slops or dirty ballast could be subject to some delay. |
| (iii) | Each Party concerned shall notify the Organization of the measures taken pursuant to provisions of subparagraph (b)(i) and (ii) of this paragraph. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of this Regulation in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date. |
| (iv) | During the period between the entry into force of the present Convention and the date so established, ships while navigating in the special area shall comply with the requirements of Regulation 9 of this Annex. |
| (v) | After such date oil tankers loading in ports in these special areas where such facilities are not yet available shall also fully comply with the requirements of this Regulation. However, oil tankers entering these special areas for the purpose of loading shall make every effort to enter the area with only clean ballast on board. |
| (vi) | After the date on which the requirements for the special area in question take effect, each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities are alleged to be inadequate. |
| (vii) | At least the reception facilities as prescribed in Regulation 12 of this Annex shall be provided by 1 January 1977 or one year after the date of entry into force of the present Convention, whichever occurs later. |
| (8) | Notwithstanding paragraph (7), the following rules shall apply to the Antarctic area: |
| (a) | The Government of each Party to the Convention whose ports are used by ships departing en route or arriving from the Antarctic area undertakes to ensure that as soon as practicable adequate facilities are provided for the reception of all sludge, dirty ballast, tank washing water, and other oily residues and mixtures from all ships without causing undue delay, and according to the needs of the ships using them. |
| (b) | The Government of each Party to the Convention shall ensure that all ships entitled to fly its flag, before entering the Antarctic area, are fitted with a tank or tanks of sufficient capacity on board for the retention of all sludge, dirty ballast, tank washing water and other oily residues and mixtures while operating in the area and have concluded agreements to discharge such oily residues at a reception facility after leaving the area. |
