Section 39

Regulation 1

Definitions

For the purposes of this Annex:

1 Oil means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than those petrochemicals which are subject to the provisions of Annex II of the present Convention) and, without limiting the generality of the foregoing, includes the substances listed in Appendix I to this

Annex.

2

Crude oil means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation and includes:

.1

crude oil from which certain distillate fractions may have been removed;

and

.2

crude oil to which certain distillate fractions may have been added.

3 Oily mixture means a mixture with any oil content.

4

Oil fuel means any oil used as fuel in connection with the propulsion and auxiliary machinery of the ship in which such oil is carried.

5 Oil tanker means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers and any "NSL tanker" as defined in Annex II of the present Convention and any gas carrier as defined in regulation 3.20 of Chapter II-1 of SOLAS 74 (as amended), when carrying a cargo or part cargo of oil in bulk.

6 Crude oil tanker means an oil tanker engaged in the trade of carrying crude oil.

7 Product carrier means an oil tanker engaged in the trade of carrying oil other than crude oil.

8 Combination carrier means a ship designed to carry either oil or solid cargoes in bulk.

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9th. SEPTEMBER, 2008 9

Major conversion:

.1

means a conversion of a ship:

.1

which substantially alters the dimensions or carrying capacity of the ship; or

.2 which changes the type of the ship; or

.3 the intent of which in the opinion of the Administration is substantially to prolong its life; or

.4 which otherwise so alters the ship that, if it were a new ship, it would become subject to relevant provisions of the present

Convention not applicable to it as an existing ship .

. 2 Notwithstanding the provisions of this definition:

.1

conversion of an oil tanker of 20,000 tons deadweight and above delivered on or before 1st June 1982, as defined in regulation 1.28.3, to meet the requirements of regulation 18 of this Annex shall not be deemed to constitute a major conversion for the purposes of this

Annex; and

.2 conversion of an oil tanker delivered before 6th July 1996, as defined in regulation 1.28.5, to meet the requirements of regulation 19 or 20

of this Annex shall not be deemed to constitute a major conversion for the purpose of this Annex.

10 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:

2665

latitude 11° 00' S, longitude 142° 08' E, to a point in latitude 10° 35' S, longitude 141 o 55' E, thence to a point latitude 10° 00' S, longitude 142° 00' E, thence to a point latitude go 10' S, longitude 143° 52' E, thence to a point latitude go 00' S, longitude 144° 30' E, thence to a point latitude 10° 41' S, longitude 145° 00' E, thence to a point latitude 13° 00' S, longitude 145° 00' E, thence to a point latitude 15° 00' S, longitude 146° 00' E,

BRUNEI DARUSSALAM GOVERNMENT GAZETTE thence to a point latitude 17° 30' S, longitude 147° 00'

thence to a point latitude 21° 00' S, longitude 152° 55' E, thence to a point latitude 24° 30' S, longitude 154° 00'

thence to a point on the coast of Australia in latitude 24° 42' S, longitude 153° 15' E.

11

Special area means a sea area where for recognised 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 oil is required.

For the purposes of this Annex, the special areas are defined as follows:

.1

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 o N parallel and bounded to the west by the Straits of Gibraltar at the meridian of 005 o 36'W;

.2

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;

.3

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;

.4

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° 28.5' N, 043° 19.6' E) and Husn Murad (12° 40.4' N, 043° 30.2' E);

.5

the Gulfs area means the sea area located north-west of the rhumb line between Ras al Hadd (22° 30' N, 059° 48' E) and Ras AI Fasteh

(25° 04' N, 061 o 25' E);

.6

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° 28.5' N, 043° 19.6' E) and Husn Murad

(12° 40.4' N, 043° 30.2' E) and to the east by the rhumb line between

Ras Asir [11 o 50' N1 051 o 16.9' E) and the Ras Fartak (15° 35' N, 052°

13.8' E);

. 7 the Antarctic area means the sea area south of latitude 60° S; and 2666

2667 9th. SEPTEMBER, 2008

.8 the North West European waters include the North Sea and its approaches, the Irish Sea and its approaches, the Celtic Sea, the English Channel and its approaches and part of the North East Atlantic immediately to the west of Ireland. The area is bounded by lines joining the following points:

48 o 27' N on the French coast 48° 27' N; 006° 25' W

49° 52' N; 007° 44' W

50° 30' N; 012° W

56° 30' N; 012° W

62° N; 003° W

62 o N on the Norwegian coast 57° 44.8' N on the Danish and Swedish coasts

.9 the Oman area of the Arabian Sea means the sea area enclosed by the following coordinates:

22° 30.00' N; 059° 48.00' E

23° 47.27' N; 060° 35.73' E zzo 40.62' N; 062° 25.29' E

21 o 47.40' N; 063° 22.22' E zoo 30.37' N; 062° 52.41' E

19° 45.90' N; 062° 25.97' E

18° 49.92' N; 062° 02.94' E

17° 44.36' N; 061 o 05.53' E

16° 43.71' N; 060° 25.62' E

16° 03.90' N; 059° 32.24' E

15° 15.20' N; 058° 58.52' E

14° 36.93' N; 058° 10.23' E

14° 18.93' N; 057° 27.03' E

14° 11.53' N; 056° 53.75' E

13° 53.80' N; 056° 19.24' E

13° 45.86' N; 055° 54.53' E

14° 27.38' N; 054° 51.42' E

14° 40.10' N; 054° 27.35' E

14° 46.21' N; 054° 08.56' E

15° 20.74' N; 053° 38.33' E

15° 48.69' N; 053° 32.07' E

16° 23.02' N; 053° 14.82' E

16° 39.0'6 N; 053° 06.52' E

12

Instantaneous rate of discharge of oil content means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant.

13

Tank means an enclosed space which is formed by the permanent structure of a ship and which is designed for the carriage of liquid in bulk.

14

Wing tank means any tank adjacent to the side shell plating.

15

Centre tank means any tank inboard of a longitudinal bulkhead.

16

Slop tank means a tank specifically designated for the collection of tank drainings, tank washings and other oily mixtures.

17 Clean ballast means the ballast in a tank which, since oil was last carried therein, has been so cleaned that effluent therefrom if it were discharged from a ship which is stationary into clean calm water on a clear day would not produce visible traces of oil on the surface of the water or on adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. If the ballast is discharged through an oil discharge monitoring and control system approved by the Administration, evidence based on such a system to the effect that the oil content of the effluent did not exceed 15 parts per million shall be determinative that the ballast was clean, notwithstanding the presence of visible traces.

18 Segregated ballast means the ballast water introduced into a tank which is completely separated from the cargo oil and oil fuel system and which is permanently allocated to the carriage of ballast or to the carriage of ballast or cargoes other than oil or noxious liquid substances as variously defined in the

Annexes of the present Convention.

19

Length (LJ means 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline. The length (L) shall be measured in metres.

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9th. SEPTEMBER/ 2008 20 Forward and after perpendiculars shall be taken at the forward and after ends of the length (L}. The forward perpendicular shall coincide with the foreside of the stem on the waterline on which the length is measured.

21

Amidships is at the middle of the length (LJ.

22 Breadth {Bj means the maximum breadth of the ship 1 measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material. The breadth (B) shall be measured in metres.

23

Deadweight (DVV} means the difference in tonnes between the displacement of a ship in water of a relative density of 1.025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the ship.

24 Lightweight means the displacement of a ship in tonnes without cargo/ fuel, lubricating oil, ballast water, fresh water and feed water in tanks, consumable stores, and passengers and crew and their effects.

25 Permeability of a space means the ratio of the volume within that space which is assumed to be occupied by water to the total volume of that space.

26

Volumes and areas in a ship shall be calculated in all cases to moulded lines.

27 Anniversary date means the day and the month of each year which will correspond to the date of expiry of the International Oil Pollution Prevention

Certificate.

28.1

Ship delivered on or before 31st December 1979 means a ship:

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.1

for which the building contract is placed on or before 31st December 1975; or

.2

in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or before 30th June 1976; or

.3 the delivery of which is on or before 31st December 1979; or

.4 which has undergone a major conversion:

.1

for which the contract is placed on or before 31st December 1975;

or

.2

in the absence of a contract, the construction work of which is begun on or before 30th June 1976; or

.3 which is completed on or before 31st December 1979.

28.2 Ship delivered after 31st December 1979 means a ship:

.1

for which the building contract is placed after 31st December 1975; or

.2

in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 30th June 1976; or

.3 the delivery of which is after 31st December 1979; or

.4 which has undergone a major conversion:

.1

for which the contract is placed after 31st December 1975; or

.2

in the absence of a contract, the construction work of which is begun after 30th June 1976; or

.3 which is completed after 31st December 1979.

28.3

Oil tanker delivered on or before 1st june 1982 means an oil tanker:

.1

for which the building contract is placed on or before 1st June 1979; or

.2

in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or before 1st January 1980; or

.3 the delivery of which is on or before 1st June 1982; or

.4 which has undergone a major conversion:

.1

for which the contract is placed on or before 1st June 1979; or

.2 in the absence of a contract, the construction work of which is begun on or before 1st January 1980; or

.3 which is completed on or before 1st June 1982.

28.4 Oil tanker delivered after 1st june 1982 means an oil tanker:

.1

for which the building contract is placed after 1st June 1979; or

.2

in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 1st January 1980; or

.3 the delivery of which is after 1st June 1982; or

.4 which has undergone a major conversion:

.1

for which the contract is placed after 1st June 1979; or

.2 in the absence of a contract, the construction work of which is begun after 1st January 1980; or

.3 which is completed after 1st June 1982.

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9th. SEPTEMBER, 2008 28.5 Oil tanker delivered before 6th july 1996 means an oil tanker:

.1

for which the building contract is placed before 6th July 1993; or

.2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction before 6th January 1994; or

.3 the delivery of which is before 6th July 1996; or

.4 which has undergone a major conversion:

.1

for which the contract is placed before 6th July 1993; or

.2 in the absence of a contract, the construction work of which is begun before 6th January 1994; or

.3 which is completed before 6th July 1996.

28.6 Oil tanker delivered on or after 6th july 1996 means an oil tanker:

.1

for which the building contract is placed on or after 6th July 1993; or

.2

in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 6th January 1994; or

.3 the delivery of which is on or after 6th July 1996; or

.4 which has undergone a major conversion:

.1

for which the contract is placed on or after 6th July 1993; or

.2 in the absence of a contract, the construction work of which is begun on or after 6th January 1994; or

.3 which is completed on or after 6th July 1996.

28.7 Oil tanker delivered on or after 1st February 2002 means an oil tanker:

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.1

for which the building contract is placed on or after 1st February 1999;

or

.2 in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 1st August 1999; or

.3 the delivery of which is on or after 1st February 2002; or

.4 which has undergone a major conversion:

.1

for which the contract is placed on or after 1st February 1999; or

.2

in the absence of a contract, the construction work of which is begun on or after 1st August 1999; or

.3 which is completed on or after 1st February 2002.

28.8 Oil tanker delivered on or after 1st january 2010 means an oil tanker:

.1

for which the building contract is placed on or after 1st January 2007;

or

.2

in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 1st July 2007; or

.3 the delivery of which is on or after 1st January 2010; or

.4 which has undergone a major conversion:

.1

for which the contract is placed on or after 1st January 2007; or

.2 in the absence of a contract, the construction work of which is begun on or after 1st July 2007; or

.3 which is completed on or after 1st January 2010.

28.9 Ship delivered on or after 1st August 2010 means a ship:

.1

for which the building contract is placed on or after 1st August 2007; or

.2 in the absence of a building contract, the keels of which are laid or which are at a similar stage of construction on or after 1st February 2008; or

.3

the delivery of which is on or after 1st August 2010; or

.4 which have undergone a major conversion:

.1

for which the contract is placed after 1st August 2007; or

.2 in the absence of contract, the construction work of which is begun after 1st February 2008; or

.3 which is completed after 1st August 2010.

29 Parts per million (ppm) means parts of oil per million parts of water by volume.

30 Constructed means a ship the keel of which is laid or which is at a similar stage of construction.

Regulation 2

Application 1 Unless expressly provided otherwise 1 the provisions of this Annex shall apply to all ships.

2 In ships other than oil tankers fitted with cargo spaces which are constructed and utilised to carry oil in bulk of an aggregate capacity of 200 cubic metres or more, the requirements of regulations 16, 26.4, 29, 30, 31, 321 34 and 36 of this 2672

Annex for oil tankers shall also apply to the construction and operation of those spaces, except that where such aggregate capacity is less than 1,000 cubic metres the requirements of regulation 34.6 of this Annex may apply in lieu of regulations 29, 31 and 32.

3 Where a cargo subject to the provisions of Annex II of the present Convention is carried in a cargo space of an oil tanker, the appropriate requirements of

Annex II of the present Convention shall also apply.

4 Where the requirements of regulations 29, 31 and 32 of this Annex shall not apply to oil tankers carrying asphalt or other products subject to the provisions of this Annex, which through their physical properties inhibit effective product/

water separation and monitoring, for which the control of discharge under regulation 34 of this Annex shall be effected by the retention of residues on board with discharge of all contaminated washings to the reception facilities.

5 Subject to the provisions of paragraph 6 of this regulation, regulations 18.6 to 18.8 of this Annex shall not apply to an oil tanker delivered on or before 1st June 1982, as defined in regulation 1.28.3, solely engaged in specific trades 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, where:

.1

the voyage is entirely within a Special Area; or

.2 the voyage is entirely within other limits designated by the

Organisation.

6 The provisions of paragraph 5 of this regulation shall only apply when the ports or terminals where cargo is loaded on such voyages are provided with reception facilities adequate for the reception and treatment of all the ballast and tank washing water from oil tankers using them and all the following conditions are complied with:

.1

subject to the exceptions provided for in regulation 4 of this Annex, all ballast water, including clean ballast water, and tank washing residues are retained on board and transferred to the reception facilities and the appropriate entry in the Oil Record Book Part II referred to in regulation 36 of this Annex is endorsed by the competent Port State Authority;

.2

agreement has been reached between the Administration and the

Governments of the Port States referred to in paragraphs 5.1 or 5.2 of this regulation concerning the use of an oil tanker delivered on or before 1st June 1982, as defined in regulation 1.28.3, for a specific trade;

.3 the adequacy of the reception facilities in accordance with the relevant provisions of this Annex at the ports or terminals referred to above, for the purpose of this regulation, is approved by the Governments of the States 2673

Parties to the present Convention within which such ports or terminals are situated; and

.4 the International Oil Pollution Prevention Certificate is endorsed to the effect that the oil tanker is solely engaged in such specific trade.

Regulation 3

Exemptions and waivers 1 Any ship such as hydrofoil, air-cushion vehicle, near-surface craft and submarine craft etc. whose constructional features are such as to render the application of any of the provisions of Chapters 3 and 4 of this Annex relating to construction and equipment unreasonable or impracticable may be exempted by the Administration from such provisions, provided that the construction and equipment of that ship provides equivalent protection against pollution by oil, having regard to the service for which it is intended.

2 Particulars of any such exemption granted by the Administration shall be indicated in the Certificate referred to in regulation 7 of this Annex.

3 The Administration which allows any such exemption shall, as soon as possible, but not more than 90 days thereafter, communicate to the Organisation particulars of same and the reasons therefor, which the Organisation shall circulate to the Parties to the present Convention for their information and appropriate action, if any.

4 The Administration may waive the requirements of regulations 29, 31 and 32

of this Annex, for any oil tanker which engages exclusively on voyages both of 72 hours or less in duration and within 50 nautical miles from the nearest land, provided that the oil tanker is engaged exclusively in trades between ports or terminals within a State Party to the present Convention. Any such waiver shall be subject to the requirement that the oil tanker shall retain on board all oily mixtures for subsequent discharge to reception facilities and to the determination by the Administration that facilities available to receive such oily mixtures are adequate.

5 The Administration may waive the requirements of regulations 31 and 32 of this Annex for oil tankers other than those referred to in paragraph 4 of this

Regulation in cases where:

.1

the tanker is an oil tanker delivered on or before 1st June 1982, as defined in regulation 1.28.3, of 40,000 tonnes deadweight or above, as referred to in regulation 2.5 of this Annex, solely engaged in specific trades, and the conditions specified in regulation 2.6 of this Annex are complied with; or

.2

the tanker is engaged exclusively in one or more of the following categories of voyages:

2674

.1

voyages within special areas; or

.2 voyages within 50 nautical miles from the nearest land outside special areas where the tanker is engaged in:

.1

trades between ports or terminals of a State Party to the present

Convention; or

.2 restricted voyages as determined by the Administration, and of 72

hours or less in duration;

provided that all of the following conditions are complied with:

.3 all oily mixtures are retained on board for subsequent discharge to reception facilities;

.4 for voyages specified in paragraph 5.2.2 of this regulation, the

Administration has determined that adequate reception facilities are available to receive such oily mixtures in those oil loading ports or terminals the tanker calls at;

.5 the International Oil Pollution Prevention Certificate, when required, is endorsed to the effect that the ship is exclusively engaged in one or more of the categories of voyages specified in paragraphs 5.2.1 and 5.2.2.2 of this regulation; and

.6 the quantity, time and port of discharge are recorded in the Oil Record

Book.

Regulation 4

Exceptions

Regulations 15 and 34 of this Annex shall not apply to:

.1

the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or

.2 the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment:

.1

provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimising the discharge; and

.2

except if the owner or master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result;

or

.3 the discharge into the sea of substances containing oil, approved by the

Administration, when being used for the purpose of combating specific pollution incidents in order to minimise the damage from pollution. Any 2675

BRUNEI DARUSSALAM GOVERNMENT GAZETTE such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur.

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 substitution of operational methods to effect the control of discharge of oil 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 an alternative to that required by this Annex shall communicate particulars thereof to the Organisation for circulation to the Parties to the Convention for their information and appropriate action, if any.

Regulation 6

Surveys 1 Every oil tanker of 150 gross tonnage and above, and every other ship of 400 gross tonnage and above shall be subject to the surveys specified below:

.1

an initial survey before the ship is put in service or before the Certificate required under regulation 7 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, systems, fittings, arrangements and material fully comply with the applicable requirements of this Annex;

.2 a renewal survey at intervals specified by the Administration, but not exceeding 5 years, except where regulation 10.2.2, 10.5, 10.6 or 10.7 of this

Annex is applicable. The renewal survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of this Annex;

.3

an intermediate survey within 3 months before or after the second anniversary date or within 3 months before or after the third anniversary date of the Certificate which shall take the place of one of the annual 2676

surveys specified in paragraph 1.4 of this regulation. The intermediate survey 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. Such intermediate surveys shall be endorsed on the Certificate issued under regulation 7 or 8 of this Annex;

.4 an annual survey within 3 months before or after each anniversary date of the Certificate, including a general inspection of the structure, equipment, systems, fittings, arrangements and material referred to in paragraph 1. 1 of this regulation to ensure that they have been maintained in accordance with paragraphs 4.1 and 4.2 of this regulation and that they remain satisfactory for the service for which the ship is intended. Such annual surveys shall be endorsed on the Certificate issued under regulation 7 or 8

of this Annex; and

.5 an additional survey either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in paragraph 4.3 of this regulation, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory and that the ship complies in all respects with the requirements of this Annex.

2 The Administration 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.

3.1

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 organisations recognised by it. Such organisations shall comply with the guidelines adopted by the Organisation by resolution A.739(18), as may be amended by the Organisation, and the specifications adopted by the Organisation by resolution A.789(19), as may be amended by the Organisation, provided that such amendments are adopted, brought into force and take effect in accordance with the provisions of Article 16 of the present Convention concerning the amendment procedures applicable to this Annex.

3.2 An Administration nominating surveyors or recogmsmg organisations to conduct surveys as set forth in paragraph 3.1 of this regulation shall, as a minimum, empower any nominated surveyor or recognised organisation to:

.1 require repairs to a ship; and

.2 carry out surveys, if requested by the appropriate authorities of a port

State.

2677

The Administration shall notify the Organisation of the specific responsibilities and conditions of the authority delegated to the nominated surveyors or recognised organisations, for circulation to Parties to the present Convention for the information of their officers.

3.3 When a nominated surveyor or recognised organisation determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the Certificate or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, such surveyor or organisation 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 shall 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 recognised organisation has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organisation 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.

3.4 In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the survey and shall undertake to ensure the necessary arrangements to satisfy this obligation.

4.1 The condition of the ship and its equipment shall be maintained to conform with the provisions of the present Convention 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.

4.2 After any survey of the ship under paragraph 1 of this regulation has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the sanction of the Administration, except the direct replacement of such equipment and fittings.

4_3

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 recognised organisation or 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 1 of this regulation is necessary. If the ship is in a 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 recognised organisation shall ascertain that such report has been made.

2678

Regulation 7

Issue or endorsement of certificate 1 An International Oil Pollution Prevention Certificate shall be issued, after an initial or renewal survey in accordance with the provisions of regulation 6 of this

Annex, to any oil tanker of 150 gross tonnage and above and any other ships of 400 gross tonnage and above which are engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention.

2 Such certificate shall be issued either by the Administration or by any person or organisation duly authorised by it. In every case the Administration assumes full responsibility for the certificate.

Regulation 8

Issue or endorsement of certificate by another Government 1 The Government of a Party to the Convention may, at the request of the

Administration, cause a ship to be surveyed and, if satisfied that the provisions of this Annex are complied with, shall issue or authorise the issue of an

International Oil Pollution Prevention Certificate to the ship and where appropriate, endorse or authorise the endorsement of that certificate on the ship, in accordance with this Annex.

2 A copy of the certificate and a copy of the survey report shall be transmitted as soon as possible to the requesting Administration.

3 A certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as the certificate issued under regulation 7 of this

Annex.

4 No International Oil Pollution Prevention Certificate shall be issued to a ship which is entitled to fly the flag of a State which is not a Party.

Regulation 9

Form of certificate

The International Oil Pollution Prevention Certificate shall be drawn up in a form corresponding to the model given in Appendix II to this Annex and shall be at least in English, French or Spanish. If an official language of the issuing country is also used, this shall prevail in case of a dispute or discrepancy.

2679

Regulation 10

Duration and validity of certificate 1 An International Oil Pollution Prevention Certificate shall be issued for a period specified by the Administration which shall not exceed 5 years.

2.1

Notwithstanding the requirements of paragraph 1 of this regulation, when the renewal survey is completed within 3 months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing certificate.

2.2 When the renewal survey is completed after the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing certificate.

2.3 When the renewal survey is completed more than 3 months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey.

3 If a certificate is issued for a period of less than 5 years, the Administration may extend the validity of the certificate beyond the expiry date to the maximum period specified in paragraph 1 of this regulation, provided that the surveys referred to in regulations 6.1. 3 and 6.1.4 of this Annex applicable when a certificate is issued for a period of 5 years are carried out as appropriate.

4 If a renewal survey has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the person or organisation authorised by the Administration may endorse the existing certificate and such a certificate shall be accepted as valid for a further period which shall not exceed 5 months from the expiry date.

5 If a ship at the time when a certificate expires is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No certificate shall be extended for a period longer than 3 months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.

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9th. SEPTEMBER, 2008 6 A certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulations may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.

7 In special circumstances, as determined by the Administration, a new certificate need not be dated from the date of expiry of the existing certificate as required by paragraph 2.2, 5 or 6 of this regulation. In these special circumstances, the new certificate shall be valid to a date not exceeding 5 years from the date of completion of the renewal survey.

8 If an annual or intermediate survey is completed before the period specified in regulation 6 of this Annex, then:

.1

the anniversary date shown on the certificate shall be amended by endorsement to a date which shall not be more than 3 months later than the date on which the survey was completed;

.2 the subsequent annual or intermediate survey required by regulation 6.1

of this Annex shall be completed at the intervals prescribed by that regulation using the new anniversary date; and

.3 the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by regulation 6.1 of this Annex are not exceeded.

9 A certificate issued under regulation 7 or 8 of this Annex shall cease to be valid in any of the following cases:

.1

if the relevant surveys are not completed within the periods specified under regulation 6.1 of this Annex;

.2 if the certificate is not endorsed in accordance with regulation 6.1. 3 or 6.1.4 of this Annex; or

.3

upon transfer of the ship to the flag of another State. A new certificate shall only be issued when the Government issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of regulations 6.4.1 and 6.4.2 of this Annex. In the case of a transfer between

Parties, if requested within 3 months after the transfer has taken place, the

Government of the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the certificate carried by the ship before the transfer and, if available, copies of the relevant survey reports.

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Regulation 11

Port State control on operational requirements"

1 A ship when in a port or an offshore terminal of another Party is subject to inspection by officers duly authorised 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 oil.

2 In the circumstances given in paragraph 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.

3 Procedures relating to the port State control prescribed in Article 5 of the present Convention shall apply to this regulation.

4 Nothing in this regulation shall construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.

Regulation 12

Tanks for oil residues (sludge)

1 Every ship of 400 gross tonnage and above shall be provided with a tank or tanks of adequate capacity, having regard to the type of machinery and length of voyage, to receive the oil residues (sludge) which cannot be dealt with otherwise in accordance with the requirements of this Annex, such as those resulting from the purification of fuel and lubricating oils and oil leakages in the machinery spaces.

2 Piping to and from sludge tanks shall have no direct connection overboard, other than the standard discharge connection referred to in regulation 13.

* Refer to the Procedures for port State control, adopted by the Organisation by resolution A.787(19}, as amended by resolution A.882(21); see IMO publication, sales No. IM0-650E

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9th. SEPTEMBER, 2008 3 In ships delivered after 31st December 1979, as defined in regulation 1.28.2 1

tanks for oil residues shall be designed and constructed so as to facilitate their cleaning and the discharge of residues to reception facilities. Ships delivered on or before 31st December 1979, as defined in regulation 1.28.1, shall comply with this requirement as far as is reasonable and practicable.

Regulation 12A

Oil fuel tank protection 1 This regulation shall apply to all ships with an aggregate oil fuel capacity of 600m3 and above which are delivered on or after 1st August 2010, as defined in regulation 1.28.9 of this Annex.

2 The application of this regulation in determining the location of tanks used to carry oil fuel does not govern over the provisions of regulation 19 of this Annex.

3 For the purpose of this regulation, the following definitions shall apply:

.1

Oil fuel means any oil used as fuel oil in connection with the propulsion and auxiliary machinery of the ship in which such oil is carried .

. 2 Load line draught Ids) is the vertical distance, in metres, from the moulded baseline at mid-length to the waterline corresponding to the summer freeboard draught to be assigned to the ship .

. 3 Light ship draught is the moulded draught amidships corresponding to the lightweight.

.4 Partial load line draught (dp) is the light ship draught plus 60o/o of the difference between the light ship draught and the load line draught (ds).

The partial load line draught (dp) shall be measured in metres .

. 5 Waterline (dB) is the vertical distance, in metres, from the moulded baseline at mid-length to the waterline corresponding to 30o/o of the depth Ds .

. 6 Breadth (Bs) is the greatest moulded breadth of the ship, in metres, at or below the deepest load line draught (dsl·

. 7 Breadth (BBJ is the greatest moulded breadth of the ship, in metres, at or below the waterline (dB)·

.8 Depth (Ds) is the moulded depth, in metres, measured at mid-length to the upper deck at side. For the purpose of the application, "upper deck"

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BRUNEI DARUSSALAM GOVERNMENT GAZETTE means the highest deck to which the watertight transverse bulkheads except aft peak bulkheads extend .

. 9

Length (L) means 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline.

The length (L) shall be measured in metres .

. 10

Breadth (BJ means the maximum breadth of the ship, in metres, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material.

.11

Oil fuel tank means a tank in which oil fuel is carried, but excludes those tanks which would not contain oil fuel in normal operation, such as overflow tanks .

. 12

Small oil fuel tank is an oil fuel tank with a maximum individual capacity not greater than 30 m 3 .

. 13 Cis the ship's total volume of oil fuel, including that of the small oil fuel tanks, in m 3, at 98% tank filling .

. 14

Oil fuel capacity means the volume of a tank in m 3, at 98% filling.

4 The provisions of this regulation shall apply to all oil fuel tanks except small oil fuel tanks, as defined in 3.12, provided that the aggregate capacity of such excluded tanks is not than 600m3.

5 Individual oil fuel tanks shall not have a capacity of over 2,500 m3.

6 For ships, other than self-elevating drilling units, having an aggregate oil fuel capacity of 600 m 3 and above, oil fuel tanks shall be located above the moulded line of the bottom shell plating nowhere less than the distance h as specified below:

h

B/20 m or, h 2.0 m, whichever is the lesser.

The minimum value of h 0.76 m

In the turn of the bilge area and at locations without a clearly defined turn of the bilge, the oil fuel tank boundary line shall run parallel to the line of the midship flat bottom as shown in Figure 1.

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h

Figure 1 - Oil fuel tank boundary lines for the purpose of paragraph 6 7 For ships having an aggregate oil fuel capacity of 600m3 or more but less than 5,000 m 3, oil fuel tanks shall be located inboard of the moulded line of the side shell plating, nowhere less than the distance w which, as shown in Figure 2, is measured at any cross-section at right angles to the side shell, as specified below:

w 0.4 + 2.4 C/20,000 m

The minimum value of w = 1.0 m, however for individual tanks with an oil fuel capacity of less than 500 m3 the minimum value is 0. 76 m.

8 For ships having an aggregate oil fuel capacity of 5,000 m 3 and over, oil fuel tanks shall be located inboard of the moulded line of the side shell plating, nowhere less than the distance w which, as shown in Figure 2, is measured at any cross-section at right angles to the side shell, as specified below:

w 0.5 + C/20,000 m or w 2.0 m, whichever is the lesser.

The minimum value of w = 1.0 m 2685

BRUNEI DARUSSALAM GOVERNMENT GAZETTE w w h ~ w h

Figure 2 - Oil fuel tank boundary lines for the purpose of paragraphs 7 and 8 9 Lines of oil fuel piping located at a distance from the ship's bottom of less than h, as defined in paragraph 6, or from the ship's side less than w, as defined in paragraphs 7 and 8 shall be fitted with valves or similar closing devices within or immediately adjacent to the oil fuel tank. These valves shall be capable of being brought into operation from a readily accessible enclosed space the location of which is accessible from the navigation bridge or propulsion machinery control position without traversing exposed freeboard or superstructure decks. The valves shall close in case of remote control system failure (fail in a closed position)

and shall be kept closed at sea at any time when the tank contains oil fuel except that they may be opened during oil fuel transfer operations.

10 Suction wells in oil fuel tanks may protrude into the double bottom below the boundary line defined by the distance h provided that such wells are as small as practicable and the distance between the well bottom and the bottom shell plating is not less than 0.5 h.

11

Alternatively to paragraphs 6 and either 7 or 8, ships shall comply with the accidental oil fuel outflow performance standard specified below:

.1

The level of protection against oil fuel pollution in the event of collision or grounding shall be assessed on the basis of the mean oil outflow parameter as follows:

OM < 0.0157- 1.14E- 6C for 600m3 _s C < 5,000 m3

OM < 0.010

for C .S 5,000 m3

where:

OM mean oil outflow parameter;

C total oil fuel volume.

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.2 The following general assumptions shall apply when calculating the mean oil outflow parameter:

.1

the ship shall be assumed loaded to the partial load line draught (dp)

without trim or heel;

.2 all oil fuel tanks shall be assumed loaded to 98% of their volumetric capacity;

.3 the nominal density of the oil fuel IPn) shall generally be taken as 1,000 kg/m3 . If the density of the oil fuel is specifically restricted to a lesser value, the lesser value may be applied; and

.4 for the purpose of these outflow calculations, the permeability of each oil fuel tank shall be taken as 0.99, unless proven otherwise .

. 3 The following assumptions shall be used when combining the oil outflow parameters:

.1

The mean oil outflow shall be calculated independently for side damage and for bottom damage and then combined into a non-dimensional oil outflow parameter OM, as follows:

where:

OMs mean outflow for side damage, in m3;

OMB mean outflow for bottom damage, in m3;

C total oil fuel volume .

.2 For bottom damage, independent calculations for mean outflow shall be done for 0 m and 2.5 m tide conditions, and then combined as follows:

where: