02/11/1973 Marpol-verdrag
Internationaal Verdrag van 2 november 1973 ter voorkoming van verontreiniging door schepen

A Discharges outside special areas [except in Arctic waters]

Subject to the provisions of regulation 4 of this Annex and paragraph 2 of this regulation, any discharge into the sea of oil or oily mixtures from the cargo area of an oil tanker, shall be prohibited except when all the following conditions are satisfied:

1

the tanker is not within a special area;

2

the tanker is more than 50 nautical miles from the nearest land;

3

the tanker is proceeding en route;

4

the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile;

5

the total quantity of oil discharged into the sea does not exceed for tankers delivered on or before 31 December 1979, as defined in regulation 1.28.1, 1/15.000 of the total quantity of the particular cargo of which the residue formed a part, and for tankers delivered after 31 December 1979, as defined in regulation 1.28.2, 1/30.000 of the total quantity of the particular cargo of which the residue formed a part; and

6

the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulations 29 and 31 of this Annex.

The provisions of paragraph 1 of this regulation shall not apply to the discharge of clean or segregated ballast.

B Discharges in special areas

Subject to the provisions of paragraph 4 of this regulation, any discharge into the sea of oil or oily mixture from the cargo area of an oil tanker shall be prohibited while in a special area ⁽⁶⁴⁾

The provisions of paragraph 3 of this regulation shall not apply to the discharge of clean or segregated ballast.

Nothing in this regulation shall prohibit a ship on a voyage only part of which is in a special area from discharging outside the special area in accordance with paragraph 1 of this regulation.

C Requirements for oil tankers of less than 150 gross tonnage

The requirements of regulations 29, 31 and 32 of this Annex shall not apply to oil tankers of less than 150 gross tonnage, for which the control of discharge of oil under this regulation shall be effected by the retention of oil on board with subsequent discharge of all contaminated washings to reception facilities. The total quantity of oil and water used for washing and returned to a storage tank shall be discharged to reception facilities unless adequate arrangements are made to ensure that any effluent which is allowed to be discharged into the sea is effectively monitored to ensure that the provisions of this regulation are complied with.

D General requirements

Whenever visible traces of oil are observed on or below the surface of the water in the immediate vicinity of a ship or its wake, the Governments of Parties to the present Convention should, to the extent they are reasonably able to do so, promptly investigate the facts bearing on the issue of whether there has been a violation of the provisions of this regulation. The investigation should include, in particular, the wind and sea conditions, the track and speed of the ship, other possible sources of the visible traces in the vicinity, and any relevant oil discharge records.

No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation.

The oil residues which cannot be discharged into the sea in compliance with paragraphs 1 and 3 of this regulation shall be retained on board for subsequent discharge to reception facilities.

Every oil tanker operating with crude oil washing systems shall be provided with an Operations and Equipment Manual ⁽⁶⁷⁾ detailing the system and equipment 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 regulation 33 of this Annex. If an alteration affecting the crude oil washing system is made, the Operations and Equipment Manual shall be revised accordingly.

With respect to the ballasting of cargo tanks, sufficient cargo tanks shall be crude oil washed prior to each ballast voyage in order that, taking into account the tanker's trading pattern and expected weather conditions, ballast water is put only into cargo tanks which have been crude oil washed.

Unless an oil tanker carries crude oil which is not suitable for crude oil washing, the oil tanker shall operate the crude oil washing system in accordance with the Operations and Equipment Manual.

Every oil tanker of 150 gross tonnage and above shall be provided with an Oil Record Book Part II (Cargo/Ballast Operations). [The Oil Record Book Part II, whether as a part of the ship's official logbook, as an electronic record book which shall be approved by the Administration taking into account the Guidelines developed by the Organization ⁽⁷⁰⁾ , or otherwise, shall be in the Form specified in appendix III to this Annex.]

The Oil Record Book Part II shall be completed on each occasion, on a tank-to-tank basis if appropriate, whenever any of the following cargo/ballast operations take place in the ship:

1

loading of oil cargo;

2

internal transfer of oil cargo during voyage;

3

unloading of oil cargo;

4

ballasting of cargo tanks and dedicated clean ballast tanks;

5

cleaning of cargo tanks including crude oil washing;

6

discharge of ballast except from segregated ballast tanks;

7

discharge of water from slop tanks;

8

closing of all applicable valves or similar devices after slop tank discharge operations;

9

closing of valves necessary for isolation of dedicated clean ballast tanks from cargo and stripping lines after slop tank discharge operations; and

10

disposal of residues.

For oil tankers referred to in regulation 34.6 of this Annex, the total quantity of oil and water used for washing and returned to a storage tank shall be recorded in the Oil Record Book Part II.

In the event of such discharge of oil or oily mixture as is referred to in regulation 4 of this Annex or in the event of accidental or other exceptional discharge of oil not excepted by that regulation, a statement shall be made in the Oil Record Book Part II of the circumstances of, and the reasons for, the discharge.

Each operation described in paragraph 2 of this regulation shall be fully recorded without delay in the Oil Record Book Part II so that all entries in the book appropriate to that operation are completed. Each completed operation shall be signed by the officer or officers in charge of the operations concerned and each completed page [or group of electronic entries] shall be signed by the master of ship. The entries in the Oil Record Book Part II shall be at least in English, French or Spanish. Where entries in an official language of the State whose flag the ship is entitled to fly are also used, this shall prevail in case of dispute or discrepancy.

Any failure of the oil discharge monitoring and control system shall be noted in the Oil Record Book Part II.

The Oil Record Book shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be preserved for a period of three years after the last entry has been made.

The competent authority of the Government of a Party to the Convention may inspect the Oil Record Book Part II on board any ship to which this Annex applies while the ship is in its port or offshore terminals and may make a copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the master of the ship as a true copy of an entry in the ship's Oil Record Book Part II shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of an Oil Record Book Part II and the taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.

For oil tankers of less than 150 gross tonnage operating in accordance with regulation 34.6 of this Annex, an appropriate Oil Record Book should be developed by the Administration.