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Regulation 4
Exemptions
1 With respect to amendments to carriage requirements due to the upgrading of the categorization of a substance, the following shall apply:
.1 where an amendment to this Annex and the International Bulk Chemical Code and Bulk Chemical Code involves changes to the structure or equipment and fittings due to the upgrading of the requirements for the carriage of certain substances, the Administration may modify or delay for a specified period the application of such an amendment to ships constructed before the date of entry into force of that amendment, if the immediate application of such an amendment is considered unreasonable or impracticable. Such relaxation shall be determined with respect to each substance;
.2 the Administration allowing a relaxation of the application of an amendment under this paragraph shall submit to the Organization a report giving details of the ship or ships concerned, the cargoes certified to carry, the trade in which each ship is engaged and the justification for the relaxation, for circulation to the Parties to the Convention for their information and appropriate action, if any and reflect the exemption on the Certificate as referred to in regulation 7 or 9 of this Annex;
.3 Notwithstanding the above, an Administration may exempt ships from the carriage requirements under regulation 11 for ships certified to carry individually identified vegetable oils identified by the relevant footnote in chapter 17 of the IBC Code, provided the ship complies with the following conditions:
.1 Subject to this regulation, the NLS tanker shall meet all requirements for ship type 3 as identified in the IBC Code except for cargo tank location;
.2 under this regulation, cargo tanks shall be located at the following distances inboard. 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 shall be arranged such that cargo tanks are located inboard of the moulded line of the side shell plating nowhere less than 760 mm;
.2 double bottom tanks or spaces shall be arranged such that the distance 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 is not less than B/15 (m) or 2.0 m at the centreline, whichever is the lesser. The minimum distance shall be 1.0 metre; and
.3 the relevant certificate shall indicate the exemption granted.
2 Subject to the provisions of paragraph 3 of this regulation, the provisions of regulation 12.1 need not apply to a ship constructed before 1 July 1986 which is engaged in restricted voyages as determined by the Administration 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.
3 The provisions of paragraph 2 of this regulation shall only apply to a ship constructed before 1 July 1986 if:
.1 each time a tank containing Category X, Y or Z substances or mixtures is to be washed or ballasted, the tank is washed in accordance with a prewash procedure approved by the Administration in compliance with appendix 6 of this Annex, and the tank washings are discharged to a reception facility;
.2 subsequent washings or ballast water are discharged to a reception facility or at sea in accordance with other provisions of this Annex;
.3 the adequacy of the reception facilities at the ports or terminals referred to above, for the purpose of this paragraph, is approved by the Governments of the States Parties to the present Convention within which such ports or terminals are situated;
.4 in the case of ships engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention, the Administration communicates to the Organization, for circulation to the Parties to the Convention, particulars of the exemption, for their information and appropriate action, if any; and
.5 the certificate required under this Annex is endorsed to the effect that the ship is solely engaged in such restricted voyages.
4 For a ship whose constructional and operational features are such that ballasting of cargo tanks is not required and cargo tank washing is only required for repair or dry-docking, the Administration may allow exemption from the provisions of regulation 12, provided that all of the following conditions are complied with:
.1 the design, construction and equipment of the ship are approved by the Administration, having regard to the service for which it is intended;
.2 any effluent from tank washings which may be carried out before a repair or dry-docking is discharged to a reception facility, the adequacy of which is ascertained by the Administration;
.3 the certificate required under this Annex indicates:
.1 that each cargo tank is certified for the carriage of a restricted number of substances which are comparable and can be carried alternately in the same tank without intermediate cleaning; and
.2 the particulars of the exemption;
.4 the ship carries a Manual approved by the Administration; and
.5 in the case of ships engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention, the Administration communicates to the Organization, for circulation to the Parties to the Convention, particulars of the exemption, for their information and appropriate action, if any.
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 the substitution of operational methods to effect the control of discharge of Noxious Liquid Substances as equivalent to those design and construction features which are prescribed by regulations in this Annex.
2 The Administration, which allows a fitting, material, appliance or apparatus as alternative to that required by this Annex, under paragraph 1 of this regulation, shall communicate to the Organization for circulation to the Parties to the Convention, particulars thereof, for their information and appropriate action, if any.
3 Notwithstanding the provisions of paragraphs 1 and 2 of this regulation, the construction and equipment of liquefied gas carriers certified to carry Noxious Liquid Substances listed in the applicable Gas Carrier Code, shall be deemed to be equivalent to the construction and equipment requirements contained in regulations 11 and 12 of this Annex, provided that the gas carrier meets all following conditions:
.1 hold a Certificate of Fitness in accordance with the appropriate Gas Carrier Code for ships certified to carry liquefied gases in bulk;
.2 hold an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk, in which it is certified that the gas carrier may carry only those Noxious Liquid Substances identified and listed in the appropriate Gas Carrier Code;
.3 be provided with segregated ballast arrangements;
.4 be provided with pumping and piping arrangements, which, to the satisfaction of the Administration, ensure that the quantity of cargo residue remaining in the tank and its associated piping after unloading does not exceed the applicable quantity of residue as required by regulation 12.1, 12.2 or 12.3; and
.5 be provided with a Manual, approved by the Administration, ensuring that no operational mixing of cargo residues and water will occur and that no cargo residues will remain in the tank after applying the ventilation procedures prescribed in the Manual.
CHAPTER 2 - CATEGORIZATION OF NOXIOUS LIQUID SUBSTANCES
Regulation 6
Categorization and listing of Noxious Liquid Substances and other substances
1 For the purpose of the regulations of this Annex, Noxious Liquid Substances shall be divided into four categories as follows:
.1 Category X: Noxious Liquid Substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a major hazard to either marine resources or human health and, therefore, justify the prohibition of the discharge into the marine environment;
.2 Category Y: Noxious Liquid Substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a hazard to either marine resources or human health or cause harm to amenities or other legitimate uses of the sea and therefore justify a limitation on the quality and quantity of the discharge into the marine environment;
.3 Category Z: Noxious Liquid Substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a minor hazard to either marine resources or human health and therefore justify less stringent restrictions on the quality and quantity of the discharge into the marine environment;
.4 Other Substances: substances indicated as OS (Other Substances) in the pollution category column of chapter 18 of the International Bulk Chemical Code which have been evaluated and found to fall outside Category X, Y or Z as defined in regulation 6.1 of this Annex because they are, at present, considered to present no harm to marine resources, human health, amenities or other legitimate uses of the sea when discharged into the sea from tank cleaning of deballasting operations. The discharge of bilge or ballast water or other residues or mixtures containing only substances referred to as “Other Substances” shall not be subject to any requirements of the Annex.
2 Guidelines for use in the categorization of Noxious Liquid Substances are given in appendix 1 to this Annex.
3 Where it is proposed to carry a liquid substance in bulk which has not been categorized under paragraph 1 of this regulation, the Governments of Parties to the Convention involved in the proposed operation shall establish and agree on a provisional assessment for the proposed operation on the basis of the guidelines referred to in paragraph 2 of this regulation. Until full agreement among the Governments involved has been reached, the substance shall not be carried. As soon as possible, but not later than 30 days after the agreement has been reached, the Government of the producing or shipping country, initiating the agreement concerned, shall notify the Organization and provide details of the substance and the provisional assessment for annual circulation to all Parties for their information. The Organization shall maintain a register of all such substances and their provisional assessment until such time as the substances are formally included in the IBC Code.
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