Annex II- Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk

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 washings 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 resolution A.882(21) and as may be further amended.

† Refer to the Procedures for port State control adopted by the Organization by resolution A.787(19) as amended by resolution A.882(21) and as may be further amended.