ANNEX V

REGULATIONS FOR THE PREVENTION OF POLLUTION BY GARBAGE FROM

SHIPS

Regulation 1

DEFINITIONS

For the purposes of this Annex:

1. "Garbage" means all kinds of victual, domestic and

operational waste excluding fresh fish and parts thereof,

generated during the normal operation of the ship and liable

to be disposed of continuously or periodically except those

substances which are defined or listed in other Annexes to

the present Convention.

2. "Nearest land". The term "from the nearest land" means

from the baseline from which the territorial sea of the

territory in question is established in accordance with

international law except that, for the purposes of the

present Convention "from the nearest land" off the north

eastern coast of Australia shall mean from a line drawn from

a point on the coast of Australia in

latitude of 11 deg 00 min South, longitude 142 deg 08 min

East to a point in latitude 10 deg 35 min South,

longitude 141++ 55 min East, thence to a point latitude 10

deg 00 min South,

longitude 142 deg 00 min East, thence to a point latitude 9

deg 00 min South,

longitude 143 deg 52 min East, thence to a point latitude 9

deg 00 min South,

longitude 144 deg 30 min East, thence to a point latitude 13

deg 00 min South,

longitude 144 deg 00 min East, thence to a point latitude 15

deg 00 min South,

longitude 146 deg 00 min East, thence to a point latitude 18

deg 00 min South,

longitude 147 deg 00 min East, thence to a point latitude 21

deg 00 min South,

longitude 153 deg 00 min East, thence to a point on the coast

of Australia in latitude 24 deg 42 min South, longitude 153

deg 15 min East.

3. "Special Area" means a sea area where for recognized

technical reasons in relation to its oceanographical and

ecological condition and to the particular character of its

traffic the adoption of special mandatory methods for the

prevention of sea pollution by garbage is required. Special

areas shall include those listed in Regulation 5 of this

Annex.

Regulation 2

APPLICATION

The provisions of this Annex shall apply to all ships.

Regulation 3

DISPOSAL OF GARBAGE OUTSIDE SPECIAL AREAS

1. Subject to the provisions of Regulations 4, 5 and 6 of

this Annex:

a) the disposal into the sea of all plastics, including but

not limited to synthetic ropes, synthetic fishing nets and

plastic garbage bags is prohibited;

b) the disposal into the sea of the following garbage shall

be made as far as practicable from the nearest land but in

any case is prohibited if the distance from the nearest land

is less than:

(i) 25 nautical miles for dunnage, lining and packing

material which will float;

(ii) 12 nautical miles for food wastes and all other garbage

including paper products, rags, glass, metal, bottles,

crockery and similar refuse;

c) disposal into the sea of garbage specified in sub-

paragraph (b)(ii) of this Regulation may be permitted when it

has passed through a comminute or grinder and made as far as

practicable from the nearest land but in any case is

prohibited if the distance from the nearest land is less than

3 nautical miles. Such comminuted or ground garbage shall be

capable of passing through a screen with openings no greater

than 25 millimetres.

2. When the garbage is mixed with other discharges having

different disposal or discharge requirements the more

stringent requirements shall apply.

Regulation 4

SPECIAL REQUIREMENTS FOR DISPOSAL OF GARBAGE

1. Subject to the provisions of paragraph (2) of this

Regulation, the disposal of any materials regulated by this

Annex is prohibited from fixed or floating platforms engaged

in the exploration, exploitation and associated offshore

processing of seabed mineral resources, and from all other

ships when alongside or within 500 metres of such platforms.

2. The disposal into the sea of food wastes may be permitted

when they have been passed through a comminuter or grinder

from such fixed or floating platforms located more than 12

nautical miles from land and all other ships when alongside

or within 500 metres of such platforms. Such comminuted or

ground food wastes shall be capable of passing through a

screen with openings no greater than 25 millimetres.

Regulation 5

DISPOSAL OF GARBAGE WITHIN 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 and the "Gulfs 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 deg N parallel and bounded to the west by the

Gibraltar at the meridian of 5 deg 36 min W.

b) The Baltic Sea area means the Baltic Sea proper with the

Gulf of Bothnia and the Gulf of Finland and the entrance to

the Baltic Sea bounded by the parallel of the Skaw in the

Skagerrak at 57 deg 44.8 min 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 deg N.

d) The Read Sea area means the Red Sea proper including the

Gulfs of Suez and Aqaba bounded at the south of the rhumb

line between Ras si Ane (12 deg 8.5 min N, 43 deg 19.6 min E)

and Husn Murad (12 deg 40.4 min N, 43 deg 30.2 min E).

e) The "Gulfs area" means the sea area located north west of

the rhumb line between Ras al Hadd (22 deg 30 min N, 59 deg

48 min E) and Ras el Fasteh (25¡ 04minN, 61 deg 25minE).

2. Subject to the provisions of Regulation 6 of this Annex:

a) disposal into the sea of the following is prohibited:

(i) all plastics, including but not limited to synthetic

ropes, synthetic fishing nets and plastic garbage bags; and

(ii) all other garbage, including paper products, rags,

glass, metal, bottles, crockery, dunnage, lining and packing

materials;

b) disposal into the sea of food wastes shall be made as far

as practicable from land, but in any case not less than 12

nautical miles from the nearest land.

3. When the garbage is mixed with other discharges having

different disposal or discharge requirements the more

stringent requirements shall apply.

4. Reception facilities within special areas:

a) The Government of each Party to the Convention. the

coastline of which borders a special area undertakes to

ensure that as soon as possible in all ports within a special

area, adequate reception facilities are provided in

accordance with Regulation 7 of this Annex, taking into

account the special needs of ships operating in these areas.

b) The Government of each Party concerned shall notify the

Organization of the measures taken pursuant to sub-paragraph

(a) of this Regulation. 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 the Parties of the date so established no less than

twelve months in advance of that date.

c) After the date so established, ships calling also at ports

in these special areas where such facilities are not yet

available, shall fully comply with the requirements of this

Regulation.

Regulation 6

EXCEPTIONS

Regulations 3, 4 and 5 of this Annex shall not apply

a) the disposal of garbage from a ship necessary for the

purpose of securing the safety of a ship and those on board

or saving life at sea; or

b) the escape of garbage resulting from damage to a ship or

its equipment provided all reasonable precautions have been

taken before and after the occurrence of the damage, for the

purpose of preventing or minimizing the escape; or

c) the accidental loss of synthetic fishing or synthetic

material incidental to the repair of such nets, provided that

all reasonable precautions have been taken to prevent such

loss.

Regulation 7

RECEPTION FACILITIES

1. The Government of each Party to the Convention undertakes

to ensure the provision of facilities at ports and terminals

for the reception of garbage, without causing undue delay to

ships, and according to the needs of the ships using them.

2. The Government of each Party shall notify the Organization

for transmission to the Parties of all cases where the

facilities provided under this Regulation are alleged to be

inadequate.

PROTOCOL OF 1978 RELATING TO THE INTERNATINAL CONVENTION FOR

THE PREVENTION OF POLLUTION FROM SHIPS, 1973

London, 17 February 1978

The Parties to the present Protocol,

Recognizing the signficiant contribution which can be made

by the International Convention for the Prevention of

Pollution from Ships, 1973, to the protection of the marine

environment from pollution from ships,

Recognizing also the need to improve further the prevention

and control of marine pollution from ships, particularly oil

tankers,

Recognizing further the need for implementing the Regulation

for the Prevention of Pollution by Oil contained in Annex I

of that Convention as early and as widely as possible,

Acknowledging however the need to defer the application of

Annex II of that Convention until certain technical problems

have been satisfactorily resolved.

Considering that these objections may best be achieved by

the conclusion of a Protocol relating to the International

Convention for the Prevention of Pollution from Ships, 1973,

Have agreed as follows:

Article I

GENERAL OBLIGATIONS

1. The Parties to the present Protocol undertake to give

effect to the provisions of:

a) the present Protocol and the Annex hereto which shall

constitute an integral part of the present Protocol; and

b) the International Convention for the Prevention of

Pollution from Ships, 1973 (hereinafter referred to as "the

Convention"), subject to the modifications and additions set

out in the present Protocol.

2. The provisions of the Convention and the present Protocol

shall be read and interpreted together as one single

instrument.

3. Every reference to the present Protocol constitutes at the

same time a reference to the Annex hereto.

Article II

IMPLEMENTATION OF ANNEX II OF THE CONVENTION

1. Notwithstanding the provisions of Article 14(1) of the

Convention, the Parties to the present Protocol agree that

they shall not be bound by the provisions of Annex II of the

Convention for a period of three years from the date of entry

into force of the present Protocol or for such longer period

as may be decided by a two-thirds majority of the Parties to

the present Protocol in the Marine Environment Protection

Committee (hereinafter referred to as "the Committee") of the

Inter-Governmental Maritime Consultative Organization

(hereinafter referred to as "the Organization").

2. During the period specified in paragraph 1 of

this Article, the Parties to the present Protocol shall not

be under any obligations nor entitled to claim any privileges

under the Convention in respect of matters relating to Annex

II of the Convention and all reference to Parties in the

Convention shall not include the Parties to the present

Protocol in so far as matters relating to that Annex are

concerned.

Article III

COMMUNICATION OF INFORMATION

The text of Article 11(1)(b) of the Convention is replaced by

the following:

"a list of nominated surveyors or recognized organizations

which are authorized to act on their behalf in the

administration of matters relating to the design,

construction, equipment and operation of ships carrying

harmful substances in accordance with the provisions of the

Regulations for circulation to the Parties for information of

their officers. The Administration shall therefore notify the

Organization of the specific responsibilities and conditions

of the authority delegated to nominated surveyors or

recognized organizations."

Article IV

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

1. The present Protocol shall be open for signature at the

Headquarters of the Organization from 1 June 1978 to 31 May

1979 and shall thereafter remain open for accession. States

may become Parties to the present Protocol by:

a) signature without reservation as to ratification,

acceptance or approval; or

b) signature, subject to ratification, acceptance or

approval, followed by ratification, acceptance or approval;

or

c) accession.

2. Ratification, acceptance, approval or accession shall be

effected by the deposit of an instrument to that effect with

the Secretary-General of the Organization.

Article V

ENTRY INTO FORCE

1. The present Protocol shall enter into force twelve months

after the date on which not less than fifteen States, the

combined merchant fleets of which constitute not less than

fifty per cent of the gross tonnage of the world's merchant

shipping, have become Parties to it in accordance with

Article IV of the present Protocol.

2. Any instrument of ratification, acceptance, approval or

accession deposited after the date on which the present

Protocol enters into force shall take effect three months

after the date of deposit.

3. After the date on which an amendment to the present

Protocol is deemed to have been accepted in accordance with

Article 16 of the Convention, any instrument of ratification,

acceptance, approval or accession deposited shall apply to

the present Protocol as amended.

Article VI

AMENDMENTS

The procedures set out in Article 16 of the Convention in

respect of amendments to the Articles, an Annex and an

Appendix to an Annex of the Convention shall apply

respectively to amendments to the Articles, the Annex and an

Appendix to the Annex of the present Protocol.

Article VII

DENUNCIATION

1. The present Protocol may be denounced by any Party to the

present Protocol at any time after the expiry of five years

from the date on which the Protocol enters into force for

that Party.

2. Denunciation shall be effected by the deposit of an

instrument of denunciation with the Secretary-General of the

Organization.

3. A denunciation shall take effect twelve months after

receipt of the notification by the Secretary-General of the

Organization or after the expiry of any other longer period

which may be indicated in the notification.

Article VIII

DEPOSITARY

1. The present Protocol shall be deposited with the

Secretary-General of the Organization (hereinafter referred

to as "the Depositary").

2. The Depositary shall:

a) inform all States which have signed the present Protocol

or acceded thereto of:

(i) each new signature or deposit of an instrument of

ratification, acceptance, approval or accession, together

with the date thereof;

(ii) the date of entry into force of the present Protocol;

(iii) the deposit of any instrument of denunciation of the

present Protocol together with the date on which it is

received and the date on which the denunciation takes effect.

(iv) any decisions made in accordance with Article II(1) of

the present Protocol;

b) transmit certified true copies of the present Protocol to

all States which have signed the present Protocol or acceded

thereto.

3. As soon as the present Protocol enters into force, a

certified true copy thereof shall be transmitted by the

Depositary to the Secretariat of the United Nations for

registration and publication in accordance with Article 102

of the Charter of the United Nations.

Article IX

LANGUAGE

The present Protocol is established in a single original in

the English, French, Russian and Spanish language, each text

being equally authentic. Official translations in the Arabic,

German, Italian and Japanese languages shall be prepared and

deposited with the signed original.

In Witness Whereof the undersigned being duly

authorized by their respective Governments for that purpose

have signed the present Protocol.

Done at London this seventeenth day of February one thousand

nine hundred and seventy-eight.

ANNEX

MODIFICATIONS AND ADDITIONS TO THE INTERNATIONAL CONVENTION

FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

ANNEX I

REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL

Regulation 1

DEFINITIONS

Paragraphs (1) to (7) - No change

The existing text of paragraph (8) is replaced by the

following:

8. a) 'Major conversion' means a conversion of an existing

ship:

(i) which substantially alters the dimensions or carrying

capacity of the ship; or

(ii) which changes the type of the ship; or

(iii) the intent of which in the opinion of the

Administration is substantially to prolong its life; or

(iv) which otherwise so alters the ship that, if it were a

new ship, it would become subject to relevant provisions of

the present Protocol not applicable to it as an existing

ship.

b) Notwithstanding the provisions of subparagraph (a) of this

paragraph, conversion of an existing oil tanker of 20,000

tons deadweight and above to meet the requirements of

Regulation 13 of this Annex shall not be deemed to constitute

a major conversion for the purpose of this Annex.

Paragraph (9) to (22) Ñ No change

The existing text of paragraph (23) is replaced by the

following:

(23) 'Lightweight' means the displacement of a ship in metric

tons without cargo, fuel, lubricating oil, ballast water,

fresh water and feed water in tanks, consumable stores, and

passengers and crew and their effects.

Paragraphs (24) and (25) Ñ No change

The following paragraphs are added to the existing

text:

(26) Notwithstanding the provisions of paragraph (6) of this

Regulation, for the purposes of Regualtion 13, 13B, 13E and

18 (5) of this Annex, "new oil tanker" means an oil tanker:

a) for which the building contract is placed after 1 June

1979; or

b) in the absence of a building contract, the keel of which

is laid, or which is at a similar stage of construction after

1 January 1979; or

c) the delivery of which is after 1 June 1982; or

d) which has undergone a major conversion:

(i) for which the contract is placed after 1 June 1979; or

(ii) in the absence of a contract, the construction work of

which is begun after 1 January 1980; or

(iii) which is completed after 1 June 1982, except that, for

oil tankers of 70,000 tons deadweight and above, the

definition in paragraph (6) of this Regulation shall apply

for the purposes of Regulation 13(1) of this Annex.

(27) Notwithstanding the provisions of paragraph (7) of this

Regulation, for the purposes of Regulations 13, 13A, 13B,

13C, 13D and 18(6) of this Annex, "existing oil tanker" means

an oil tanker which is not a new oil tanker as defined in

paragraph (26) of this Regulation.

(28) "Crude Oil" means any liquid hydrocarbon mixture

occuring naturally in the earth whether or not treated to

render it suitable for transportaction and includes:

a) crude oil from which certain distillate fractions may have

been removed; and

b) crude oil to which certain distillate fractions may have

been added.

(29) "Crude oil tanker" means an oil tanker engaged in the

trade of carrying crude oil.

(30) "Product carrier" means an oil tanker engaged in the

trade of carrying oil other than crude oil.

Regulations 2 and 3 Ñ No change

The existing text of Regulation 4 is replaced by the

following:

Surveys and Inspections

(1) Every oil tanker of 150 tons gross tonnage and above, and

every other ship of 400 tons gross tonnage and above shall be

subject to the surveys specified below:

a) An initial survey before the ship is put in service or

before the Certificate required under Regulation 5 of this

Annex is issued for the first time, which shall include a

complete survey of its structure, equipment, systems,

fittings, arrangements and material in so far as the ship is

covered by this Annex. This survey shall be such as to ensure

that the structure, equipment, system fittings, arrangements

and material fully comply with the applicable requirements of

this Annex.

b) Periodical surveys at intervals specified by the

Administration, but not exceeding five years, which shall be

such as to ensure that the structure, equipment, systems,

fittings, arrangements and material fully comply with the

requirements of this Annex.

c) A minimum of one intermediate survey during the period of

validity of the Certificate which shall be such as to ensure

that the equipment and associated pump and piping systems,

including oil discharge monitoring and control systems, crude

oil washing systems, oily-water separating equipment and oil

filtering systems, fully comply with the applicable

requirements of this Annex and are in good working order. In

cases where only one such intermediate sur-vey is carried out

in any one Certificate validity period, it shall be held not

before six months prior to, nor later than six months after

the half-way date of the Certificate's period of validity.

Such intermediate surveys shall be endorsed on the

Certificate issued under Registration 5 of this Annex.

2. The Adminsitration shall establish appropriate measures

for ships which are not subject to the provisions of

paragraph (1) of this Regulation in order to ensure that the

applicable provisions of this Annex are complied with.

3. a) Surveys of ships as regards the enforcement of the

provisions of this Annex shall be carried out by officers of

the Administration. The Administration may, however, entrust

the surveys either to surveyors nominated for the purpose or

to organizations recognized by it.

b) The Administration shall institute arrangements for

unscheduled inspections to be carried out during the period

of validity of the Certificate. Such inspections shall ensure

that the ship and its equipment remain in all respects

satisfactory for the services for which the ship is intended.

These inspections may be carried out by their own inspection

services, or by nominated surveyors or by recognized

organizations, or by other Parties upon request of the

Administration. Where the Administration, under the

provisions of paragraph (1) of this Regulation, establishes

mandatory annual surveys, the above unscheduled inspections

shall not be obligatory.

c) An Administration nominating surveyors or recognizing

organizations to conduct surveys and inspections as set forth

in sub-paragraphs (a) and (b) of this paragraph, shall as a

minimum empower any nominated surveyor or recognized

organization to:

(i) require repairs to a ship; and

(ii) carry out surveys and inspections if requested by the

appropriate authorities of a Port State.

The Administration shall notify the Organization of the

specific responsibilities and conditions of the authority

delegated to the nominated surveyors or recognized

organizations, for circulation to Parties to the present

Protocol for the information of their officers.

(d) When a nominated surveyor or recognized organization

determines that the condition of the ship or its equipment

does not correspond substantially with the particulars of the

Certificate or is and there the ship is not fit to proceed to

sea without presenting an unreasonable threat of harm to the

marine environment, such survey or organization shall

immediately ensure that corrective action is taken and shall

in due course notify the Administration. If such corrective

action is not taken the Certificate should be withdrawn and

the Administration shall be notified immediately; and if the

ship is in a port of another Party, the appropriate

authorities of the Port State shall also be notified

immediately. When an officer of the Administration, a

nominated surveyor or recognized organization has notified

the appropriate authorites of the Port State, the Government

of the Port State concerned shall give such officer, surveyor

or organization any necessary assistance to carry out their

obligations under this Regulation. When applicable, the

Government of the Port State concerned shall take such steps

as will ensure that the ship shall not sail until it can

proceed to sea or leave the port for the purpose of

proceeding to the nearest appropriate repair yard available

without presenting an unreasonable threat of harm to the

marine environment.

e) In every case, the Administration concerned shall fully

guarantee the completeness and efficiency of the survey and

inspection and shall undertake to ensure the necessary

arrangements to satisfy this obligation.

4. a) The condition of the ship and its equipment shall be

maintained with the provisions of the present Protocol to

ensure that the ship in all respects will remain fit to

proceed to sea without presenting an unreasonable threat of

harm to the marine environment.

b) After any survey of the ship under paragraph (1) of this

Regulation has been completed, no change shall be made in the

structure, equipment, fittings, arrangements or material

covered by the survey, without the sanction of the

Administration, except the direct replacement of such

equipment and fittings.

c) Whenever an accident occurs to a ship or a defect is

discovered which substantially affects the integrity of the

ship or the efficiency or completeness of its equipment

covered by this Annex the master or owner of the ship shall

report at the earliest opportunity to the Administration the

recognized organization of the nominated surveyor responsible

for issuing the relevant Certificate, who shall cause

investigations to be initiated to determine whether a survey

as required by paragraph (i) of this Regulation is necessary.

If the ship is in port of another Party, the master or owner

shall also report immediately to the appropriate authorities

of the Port State and the nominated surveyor or recognized

organization shall ascertain that such report has been made.

Regulations 5, 6 and 7

In the existing text of these Regulations, delete all

reference to "(1973)" in relation to the International

Oil Pollution Prevention Certificate.

Regulation 8

DURATION OF CERTIFICATE

The existing text of Regulation 8 is replaced by the

following:

1. An International Oil Pollution Prevention Certificate

shall be issued for a period specified by the Administration,

which shall not exceed five years from the date of issue,

provided that in the case of an oil tanker operating with

dedicated clean ballast tanks for a limited period specified

in Regulation 13(9) of this Annex, the period of validity of

the Certificate shall not exceed such specified period.

2. A Certificate shall cease to be valid if significant

alterations have taken place in the construction, equipment,

systems, fittings, arrangements or material required without

the sanction of the Administration, except the direct

replacement of such equipment or fittings, or of intermediate

surveys as specified by the Administration under Regulation

4(1)(c) of this Annex are not carried out.

3. A Certificate issued to a ship shall also cease to be

valid upon transfer of the ship to the flag of another State.

A new Certificate shall only be issued when the Governments

issuing the new Certificate is fully satisfied that the ship

is in full compliance with the requirements of Regulation

4(4)(a) and (b) of this Annex. In the case of a transfer

between Parties, if requested within three months after the

transfer has taken place, the Government of the Party whose

flag the ship was formerly entitled to fly shall transmit as

soon as possible to the Administration a copy of the

Certificate carried by the ship before the transfer and, if

available, a copy of the relevant survey report.

Regulations 9 to 12 Ñ No change

the existing text to Regulation 13 is replaced by the

following Regulations:

Regulation 13

SEGREGATED BALLAST TANKS, DEDICATED CLEAN BALLAST TANKS AND

CRUDE OIL WASHING

Subject to the provisions of Regulation 13C and 13D of this

Annex, oil tanker shall comply with the requirements of this

Regulation.

New oil tankers 20,000 tons deadweight and above

1. Every new crude oil tanker of 20,000 tons deadweight and

above and every new product carrier of 30,000 tons deadweight

and above shall be provided with segregated ballast tanks and

shall comply with paragraphs (2), (3) and (4), or paragraph

(5) as appropriate, of this Regulation.

2. The capacity of the segregated ballast tanks shall be so

determined that the ship may operate safely on ballast

voyages without recourse to the use of cargo tanks for water

ballast except as provided for in paragraph (3) or (4) of

this Regulation. In all cases, however, the capacity of

segregated ballast tanks shall be at least such that, in any

ballast condition at any part of the voyage, including

conditions consisting of lightweight plus segregated ballast

only, the ship's draughts and trim can meet each of the

following requirements:

a) the moulded draught amidships (dm) in meters (without

taking into account any ship's deformation) shall not be less

than:

dm = 2.0 + 0.02L;

b) the draughts at the forward and after perpendiculars shall

correspond to those determined by the draught amidships (dm)

as specified in sub-paragraphs (a) of this paragraph, in

association with the trim by the stern of not greater than

0.015L; and

c) in any case the draught at the after perpendicular shall

not be less than that which is necessary to obtain full

immersion of the propeller(s).

3. In no case shall ballast water be carried in cargo tanks

except on those rare voyages when weather conditions are so

severe that, in the opinion of the master, it is necessary to

carry additional ballast water in cargo tanks for the safety

of the ship. Such additional ballast water shall be processed

and discharged in compliance with Regulation 9 of this Annex

and in accordance with the requirements of Regulation 15 of

this Annex and entry shall be made in the Oil Record Book

referred to in Regulation 20 of this Annex.

4. In the case of new crude oil tankers, the additional

ballast permitted in paragraph (3) of this Regulation shall

be carried in cargo tanks only if such tanks have been crude

oil washed in accordance with Regulation 13B of this Annex

before departure from an oil unloading port or terminal.

5. Notwithstanding the provisions of paragraph (2) of this

Regulation, the segregated ballast conditions for oil tankers

less than 150 meters in length shall be to the satisfaction

of the Administration.

6. Every new crude oil tanker of 20,000 tons deadweight and

above shall be fitted with cargo tank cleaning system using

crude oil washing. The Administration shall undertake to

ensure that the system fully complies with the requirements

of Regulation 13B of this Annex within one year after the

tanker was first engaged in the trade of carrying crude oil

or by the end of the third voyage carrying crude oil suitable

for crude oil washing, whichever occurs later. Unless such

oil tanker carries crude oil which is not suitable for crude

oil washing, the oil tanker shall operate the system in

accordance with the requirements of that Regulation.

Existing crude oil tankers of 40,000 tons deadweight

and above

7. Subject to the provisions of paragraphs (8) and (9) of

this Regulation every existing crude oil tanker of 40,000

tons deadweight and above shall be provided with segregated

ballast tanks and shall comply with the requirements of

paragraphs (2) and (3) of this Regulation from the date of

entry into force of the present Protocol.

8. Existing crude oil tankers referred to in paragraph (7) of

this Regulation may, in lieu of being provided with

segregated ballast tanks, operate with a cargo tank cleaning

procedure using crude oil washing in accordance with

Regulation 13B of this Annex unless the crude oil tanker is

intended to carry crude oil which is not suitable for crude

oil washing.

9. Existing crude oil tankers referred to in paragraphs (7)

and (8) of this Regulation may, in lieu of being provided

with segregated ballast tanks or operating with a cargo tank

cleaning procedure using crude oil washing, operate with

dedicated clean ballast tanks in accordance with the

provisions of Regulation 13A of this Annex for the following

period:

a) for crude oil tankers of 70,000 tons deadweight and above,

until two years after the date of entry into force of the

present Protocol; and

b) Crude oil tankers of 40,000 tons deadweight and above but

below 70,000 tons deadweight, until four years after the date

of entry into force of the present Protocol.

Existing product carriers of 40,000 tons deadweight

and above

(10) From the date of entry into force of the present

Protocol, every existing product carrier of 40,000 tons

deadweight and above shall be provided with segregated

ballast tanks and shall comply with the requirements of

paragraphs (2) and (3) of this Regulation, or, alternatively,

operate with dedicated clean ballast tanks in accordance with

the provisions of Regulation 13A of this Annex.

An oil tanker qualified as a segregated ballast oil

tanker

(11) Any oil tanker which is not required to be provided with

segregated ballast tanks in accordance with paragraph (1),

(7) or (10) of this Regulation may, however, be qualified as

a segregated ballast tanker, provided that it complies with

the requirements of paragraphs (2) and (3), or paragraph (5)

as appropriate, of this Regulation.

Regulation 13A

REQUIREMENTS FOR OIL TANKERS WITH DEDICATED CLEAN BALLAST

TANKS

1. An oil tanker operating with dedicated clean ballast

tanks in accordance with the provisions of Regulation 13(9)

or (10) of this Annex, shall have adequate tank capacity,

dedicated solely to the carriage of clean ballast as defined

in Regulation 1(16) of this Annex, to meet the requirements

of Regulations 13(2) and (3) of this Annex.

2. The arrangements and operational procedures for dedicated

clean ballast tanks shall comply with the requirements

established by the Administration. Such requirements shall

contain at least all the provisions of the Specifications for

Oil Tankers with Dedicated Clean Ballast Tanks adopted by the

International Conference on Tanker Safety and Pollution

Prevention, 1978, in Resolution 14 and as may be revised by

the Organization.

3. An oil tanker operating with dedicated clean ballast tanks

shall be equipped with an oil content meter, approved by the

Administration on the basis of specification recommended by

the Organization*, to enable supervision of the oil content

in ballast water being discharged. The oil content meter

shall be installed no later than at the first scheduled

shipyard visit of the tanker following the entry into force

of the present Protocol. Until such time as the content meter

is installed, it shall immediately before discharge of

ballast be established by examination of the ballast water

from dedicated tanks that no contamination with the oil has

taken place.

* Reference is made to the Recommendations on International

Performance and Test Specifications for Oily-Water separating

Equipment and Oil content meters adopted by the organization

by Resolution A. 393 (x)

4. Every oil tanker operating with dedicated clean ballast

tanks shall be provided with:

a) a Dedicated Clean Ballast Tank Operations Manual detailing

the system and specifying operational procedures. Such a

Manual shall be to the satisfaction of the Administration and

shall contain all the information set out in the

Specifications referred to in paragraph (2) of this

Regulation. If an alteration affecting the dedicated clean

ballast tank system is made, the Operation Manual shall be

revised accordingly: and

b) a Supplement to the Oil Record Book referred to in

Regulation 20 of this Annex as set out in Supplement 1 to

Appendix III of this Annex. The Supplement shall be

permanently attached to the Oil Record Book.