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CHAPTER 6 - MEASURES OF CONTROL BY PORT STATES
Regulation 16
Measures of control
1 The Government of each Party to the Convention shall appoint or authorize surveyors for the purpose of implementing this regulation. The surveyors shall execute control in accordance with control procedures developed by the Organization.*
2 When a surveyor appointed or authorized by the Government of the Party to the Convention has verified that an operation has been carried out in accordance with the requirements of the Manual, or has granted an exemption for a prewash, then that surveyor shall make an appropriate entry in the Cargo Record Book.
3 The master of a ship certified to carry Noxious Liquid Substances in bulk shall ensure that the provisions of regulation 13 and of this regulation have been complied with and that the Cargo Record Book is completed in accordance with regulation 15 whenever operations as referred to in that regulation take place.
4 A tank which has carried a Category X substance shall be prewashed in accordance with regulation 13.6. The appropriate entries of these operations shall be made in the Cargo Record Book and endorsed by the surveyor referred to under paragraph 1 of this regulation.
5 Where the Government of the receiving party is satisfied that it is impracticable to measure the concentration of the substance in the effluent without causing undue delay to the ship, that Party may accept the alternative procedure referred to in regulation 13.6.3 provided that the surveyor referred to under paragraph 1 of this regulation certifies in the Cargo Record Book that:
.1 the tank, its pump and piping systems have been emptied; and
.2 the prewash has been carried out in accordance with the provisions of appendix 6 of this Annex; and
.3 the tank washing resulting from such prewash have been discharged to a reception facility and the tank is empty.
6 At the request of the ship's master, the Government of the receiving Party may exempt the ship from the requirements for a prewash referred to in the applicable paragraphs of regulation 13, when one of the conditions of regulation 13.4 is met.
7 An exemption referred to in paragraph 6 of this regulation may only be granted by the Government of the receiving Party to a ship engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention. When such an exemption has been granted, the appropriate entry made in the Cargo Record Book shall be endorsed by the surveyor referred to in paragraph 1 of this regulation.
8 If the unloading is not carried out in accordance with the pumping conditions for the tank approved by the Administrations and based on appendix 5 of this Annex, alternative measures may be taken to the satisfaction of the surveyor referred to in paragraph 1 of this regulation to remove the cargo residues from the ship to quantities specified in regulation 12 as applicable. The appropriate entries shall be made in the Cargo Record Book.
9 Port State control on operational requirements*
9.1 A ship when in a port 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 Noxious Liquid Substances.
9.2 In the circumstances given in paragraph 9.1 of this regulation, the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.
9.3 Procedures relating to the port State control prescribed in article 5 of the present Convention shall apply to this regulation.
9.4 Nothing in this regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.
* Refer to the Procedures for port State control adopted by the Organization by resolution A.787(19) as amended by A.882(21)
CHAPTER 7 - PREVENTION OF POLLUTION ARISING FROM AN INCIDENT INVOLVING NOXIOUS LIQUID SUBSTANCES
Regulation 17
Shipboard marine pollution emergency plan for Noxious Liquid Substances
1 Every ship of 150 gross tonnage and above certified to carry Noxious Liquid Substances in bulk shall carry on board a shipboard marine pollution emergency plan for Noxious Liquid Substances approved by the Administration.
2 Such a plan shall be based on the Guidelines* developed by the Organization and written in a working language or languages understood by the master and officers. The plan shall consist at least of:
.1 the procedure to be followed by the master or other persons having charge of the ship to report a Noxious Liquid Substances pollution incident, as required in article 8 and Protocol I of the present Convention, based on the Guidelines developed by the Organization**;
.2 the list of authorities or persons to be contacted in the event of a Noxious Liquid Substances pollution incident;
.3 a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of Noxious Liquid Substances following the incident; and
.4 the procedures and point of contact on the ship for co-ordinating shipboard action with national and local authorities in combating the pollution.
3 In the case of ships to which regulation 37 of Annex I of the Convention also applies, such a plan may be combined with the shipboard oil pollution emergency plan required under regulation 37 of Annex I of the Convention. In this case, the title of such a plan shall be "Shipboard marine pollution emergency plan".
* Refer to “Guidelines for the development of shipboard marine pollution emergency plans for oil and/or Noxious Liquid Substances” adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC.85(44), as amended by resolution MEPC. ・・・.(53).
** Refer to General Principles for Ship Reporting Systems and Ship Reporting Requirements, including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants adopted by the Organization by resolution A.851(20).
CHAPTER 8 - RECEPTION FACILITIES
Regulation 18
Reception facilities and cargo unloading terminal arrangements
1 The Government of each Party to the Convention undertakes to ensure the provision of reception facilities according to the needs of ships using its ports, terminals or repair ports as follows:
.1 ports and terminals involved in ships' cargo handling shall have adequate facilities for the reception of residues and mixtures containing such residues of Noxious Liquid Substances resulting from compliance with this Annex, without undue delay for the ships involved.
.2 ship repair ports undertaking repairs to NLS tankers shall provide facilities adequate for the reception of residues and mixtures containing Noxious Liquid Substances for ships calling at that port.
2 The Government of each Party shall determine the types of facilities provided for the purpose of paragraph 1 of this regulation at each cargo loading and unloading port, terminal and ship repair port in its territories and notify the Organization thereof.
3 The Governments of Parties to the Convention, the coastlines of which border on any given special area, shall collectively agree and establish a date by which time the requirement of paragraph 1 of this regulation will be fulfilled and from which the requirements of the applicable paragraphs of regulation 13 in respect of that area shall take effect and notify the Organization of the date so established at least six months in advance of that date. The Organization shall then promptly notify all Parties of that date.
4 The Government of each Party to the Convention shall undertake to ensure that cargo unloading terminals shall provide arrangements to facilitate stripping of cargo tanks of ships unloading Noxious Liquid Substances at these terminals. Cargo hoses and piping systems of the terminal, containing Noxious Liquid Substances received from ships unloading these substances at the terminal, shall not be drained back to the ship.
5 Each Party shall notify the Organization, for transmission to the Parties concerned, of any case where facilities required under paragraph 1 or arrangements required under paragraph 3 of this regulation are alleged to be inadequate.
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