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19 JUIN 2008. - An Act to approve the Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation, Annexes 1 and 2, and Appendices I, II, III, IV and V, made in Strasbourg on 9 September 1996 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation, Annexes 1^re and 2, and Appendices I, II, III, IV and V, made in Strasbourg on 9 September 1996, will come out their full effect.
Amendments to Annexes and Appendices I, II, III, IV and V to the Convention to be adopted pursuant to Article 19 of the Convention without Belgium opposing their adoption, will come out their full and full effect.
Promulgation of this Act, order that it be coated with the seal of the State and published by the Belgian Monitor
Given in Brussels on 19 June 2008.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
Minister of Foreign Affairs,
K. DE GUCHT
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice,
J. VANDEURZEN
____
Notes
(1) Session 2007-2008.
Senate.
Documents. - Bill tabled on 29 February 2008, No. 4-569/1. - Report, number 4-569/2.
Annales parliamentarians. - Discussion and voting. Session of April 10, 2008.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 52-1061/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1061/2.
Annales parliamentarians. - Discussion and voting. Session of May 15, 2008.
(2) See Decree of the Flemish Region of 9 May 2008 (Moniteur belge du 13 juin 2008 + 23 juin 2008), Decree of the Walloon Region of 15 July 2008 (Moniteur belge du 8 août 2008), Order of the Brussels Capital Region of 6 March 2008 (Moniteur belge du 8 avril 2008).

Convention on the Collection, Deposit and Reception of Wastes in Rhine and Inland Navigation
The Federal Republic of Germany,
The Kingdom of Belgium,
La République française,
The Grand Duchy of Luxembourg,
The Kingdom of the Netherlands,
The Swiss Confederation,
Considering that the prevention and collection, storage and receipt of wastes for recycling and disposal for environmental protection, as well as the safety and well-being of personnel and users of navigation are an imperative for inland navigation and for related sectors of the economy and that they wish to make greater contribution in this regard,
convinced that it is important for this purpose to implement internationally coordinated uniform regulations in order to avoid competition distortions,
further convinced that the collection, filing, receipt and disposal of waste occurring on board should be funded in accordance with the polluter-pays principle,
noting in particular that the perception of a retribution for the reception and disposal of oily and greasy waste occurring during the operation of the building, which is uniformly fixed internationally and based on the volume of diesel sold to inland navigation, does not affect the principle of exemption from customs duties and other taxes in the riparian states of the Rhine and Belgium, as specified in the Agreement of 16 May 1952 concerning
Expressing the wish that other States whose inland waterways are linked to those of the Contracting States accede to this Convention,
agreed that:
General provisions
Article 1^er
Definitions
For the purposes of this Convention, the following terms shall be:
(a) "waste occurring on board": substances or objects defined in the letters (b) to (f) below and whose holder is discarded or whose intention or obligation to undo;
(b) "waste occurring during the operation of the building": waste and wastewater occurring on board as a result of the operation and maintenance of the building; include oily and greasy waste and other waste occurring during the operation of the building;
(c) "oil and greasy waste occurring during the operation of the building": used oils, lime bottom waters and other oily or greasy wastes, such as used greases, used filters, used cloths, containers and packaging of these wastes;
(d) "bottom water": oily water from the bottom of the engine room, peak, cofferdams and lateral compartments;
(e) "other waste occurring during the operation of the building": domestic waste water, household waste, curing sludge, slops and other special wastes as defined in the regulations, Part C;
(f) " Cargo-related wastes " : waste and waste water on board the vessel as a result of the cargo; are not part of the remaining cargo and handling residues as defined in the application regulations, Part B;
(g) "building": inland navigation vessel, sea vessel or floating equipment;
(h) "passenger boat": a vessel built and fitted for passenger transport;
(i) " sea ship " : vessel admitted to maritime or coastal navigation and assigned as principal to that navigation;
(j) "receiving station": building or ground facility approved by the competent authorities to collect waste occurring on board;
(k) "driver": person who conducts the building;
(l) "motorized building": a building whose main or auxiliary engines, excluding anchors, are internal combustion engines;
(m) "diesel": fuel exempt from customs duties and other duties and intended for inland navigation vessels;
(n) "supply station": station where the buildings supply with diesel;
(o) "operator of the handling facility": person performing the loading or unloading of buildings in a professional capacity;
(p) "advertising": person who gave the order of carriage;
(q) "operator of the building": a person who, in a professional capacity, is responsible for the delivery of goods;
(r) " consignee of the cargo": person authorized to take delivery of the cargo.
Article 2
Scope of geographic application
This Convention applies on waterways referred to in Schedule 1^re.
Specific provisions
Dependant obligations of States
Article 3
Prohibition of spill and rejection
(1) Disposal, dumping or leaking from buildings in the waterways referred to in Appendix 1, waste occurring on board and parts of cargo is prohibited.
(2) Contracting States shall ensure compliance with the prohibition referred to in paragraph 1^er of this article.
(3) Exceptions to this prohibition are permitted only in accordance with the provisions of Schedule 2 and its appendices referred to as "Implementation Regulations".
Article 4
Reception stations
(1) Contracting States undertake to install or install on the waterways referred to in Annex 1^re a dense network of reception stations and international coordination.
(2) The Contracting States shall, in accordance with the regulations of application, introduce a uniform procedure for the collection and filing of wastes on board at reception stations. This procedure involves the production of a certificate of regulatory deposit for wastes referred to in Article 1 (c), (d) and (f). The regulatory filing of slops and curing sludge as defined in the Implementing Regulations, Part C, must be certified on the basis of national provisions.
(3) Receipt stations are required to collect, in accordance with the terms and conditions established by the regulations, the waste occurring on board.
(4) The contracting States shall ensure that the receiving stations comply with the obligation to collect the waste occurring on board in accordance with national provisions.
Article 5
Financing principle
Contracting States shall introduce uniform funding arrangements for the reception and disposal of wastes on board.
Article 6
Financing of the reception and disposal of oily and greasy waste occurring during the operation of the building
(1) Funding for the reception and disposal of oily and greasy waste occurring during the operation of the buildings is provided by a disposal reward from motorized buildings that use diesel, excluding sea vessels. The amount of remuneration is identical in all Contracting States. It is fixed according to the procedure defined in the Regulation of Application, Part A, on the basis of the sum of the costs of receipt and disposal, deducting any revenue generated by the recycling of oily and greasy waste occurring during the operation of the building, and the amount of diesel delivered. It is suitable for changing costs. In order to promote the reduction of waste, criteria should be established and taken into consideration when setting the amount of disposal.
Disposal remittances paid will be earmarked exclusively for the receipt and disposal of oily and greasy waste occurring during the operation of buildings.
(2) The procedure referred to in paragraph 1^er above will be reviewed if necessary in the light of the experience gained during the operation of the system.
(3) The right to deposit oily and greasy waste occurring during the operation of the building at reception stations designated by national institutions is open as soon as the disposal is paid.
(4) The Contracting States shall ensure that the conductors and the fuelling stations meet, inter alia, on each diesel delivery, their obligations under the regulations of application, Part A.
Article 7
Financing of the reception and disposal of other wastes occurring during the operation of the vessel
(1) In ports, handling facilities as well as parking and locks, the reception and disposal of household garbage are not subject to a perception of specific rights.
(2) With regard to the receipt and disposal of other special wastes, the Contracting States will make concerted arrangements with respect to a financing system providing that the costs of the receipt and disposal of such wastes are included in the port or parking rights, or otherwise charged to the building, regardless of the fact that the vessel does not dispose or dispose of such wastes.
(3) For passenger vessels, the costs of receiving and disposing domestic wastewater and curing sludge, as well as household waste and other special waste may be charged to the driver.
(4) The costs of receiving and eliminating slops may be charged to the driver.
Article 8
Financing of the unloading of remains, washing and reception
and disposal of cargo-related wastes
(1) The charterer or consignee of the cargo shall bear the costs caused by the unloading of the remains and the washing of the vessel as well as by the receipt and disposal of the waste related to the cargo in accordance with the regulations of application, Part B.
(2) If before loading the vessel is not in accordance with the required unloading standard and if the charterer or consignee of the cargo concerned by the preceded transport has fulfilled its obligations, the vessel operator shall bear the costs caused by the unloading of the remains and the washing of the vessel and by the receipt and disposal of the cargo-related waste.
Article 9
National institution
(1) Each Contracting State shall designate the national institution responsible for the organization of the uniform financing system for the reception and disposal of oily and greasy waste occurring during the operation of the building under the conditions determined by the regulations of application, Part A.
(2) The composition and modalities of the organization and operation of the national institution shall be determined by national arrangements made by the Contracting States. The national institution must include representatives of inland navigation.
(3) The operating and administrative costs of each national institution shall be borne by each of the Contracting States.
Article 10
International financial equalization - International Forum for Equalization and Coordination
(1) The international financial equalization is ensured in accordance with the provisions of this Convention and its rules of application, Part A.
(2) An international forum for equalization and coordination is established. This includes the following tasks:
(a) ensure the financial equalization between national institutions for the reception and disposal of oily and greasy waste occurring during the operation of the building in accordance with the terms and conditions established by it on the basis of the provisions of the Regulation of Application, Part A;
(b) examine to what extent the network of the existing reception stations must be adapted to the requirements of navigation and the efficiency of disposal;
(c) conduct an annual assessment of the oil and greasy waste reception and disposal funding system that occurs during the operation of the building in accordance with Article 6, based on the lessons learned from the practice;
(d) make proposals for the adaptation of the amount of the disposal retribution to the change in costs;
(e) make proposals to take financially into account technical measures to reduce waste.
It consists of two representatives of each national institution, including a representative of the profession of national inland navigation.
(3) The international equalization and coordination body unanimously establishes its rules of procedure that determine the modalities of the international financial equalization.
(4) The organization of the international Equalization and Coordination proceeding is set out in the Implementing Regulations, Part A.
(5) The secretariat of the International Equalization and Coordination Body is provided by the Secretariat of the Central Commission for the Navigation of the Rhine.
(6) The costs of the international Equalization and Coordination proceeding are provided in advance for the following year in a forecast budget to which the Contracting States contribute equally.
Obligations and rights of the concerned
Article 11
General vigilance
The driver, other crew members, other persons on board, the charterer, the vessel operator, the consignee of the cargo, the operators of the handling facilities and the operators of the receiving stations are required to show all the vigilance that the circumstances require, in order to avoid pollution of the waterway, to minimize the amount of waste occurring on board and to avoid any mixture of different categories of waste.
Article 12
Driver ' s obligations and rights
(1) The driver may deposit the waste occurring on board with the receiving stations in each of the Contracting States under the conditions prescribed by the regulations.
(2) The driver is required to comply with the obligations set out in the regulations. In particular, it must comply with the prohibition made to it, except as provided in the regulations, to dispose, to spill or to let the waterway flow from the vessel any waste occurring on board and parts of cargo.
(3) In the absence of a driver ' s liability, the operator of the building, its shipowner or its owner are in that order responsible for complying with the obligations set out in this Convention.
Article 13
Obligations of the vessel operator, charterer and consignee of the cargo, as well as operators of handling facilities and reception stations
(1) The vessel operator, the charterer, the consignee of the cargo as well as the operators of handling facilities or receiving stations are required to comply with the obligations imposed on them, each with respect to it, under the conditions determined by the regulations of application.
(2) The consignee of the cargo is required to accept the remaining cargo, waste handling and cargo-related waste. It may mandate a third party for this task.
Conference of the Contracting Parties
Article 14
Organization and expertise
(1) The Contracting Parties shall establish a Conference of the Contracting Parties to oversee the application of the provisions of this Convention.
This Conference meets annually. It may be convened in special session at the request of at least two Contracting Parties.
(2) The Conference shall consider and decide on amendments to this Convention and its annexes in accordance with the procedure defined in Article 19.
(3) The Conference shall adopt, on the proposal of the International Equalization and Coordination Body,
(a) annual financial equalization,
(b) the determination of the amount of disposal for the following year in accordance with the procedure set out in Article 6 of this Convention,
(c) amendments to the interim and annual financial equalization procedure,
(d) reductions in the amount of retribution as a result of technical measures taken on board buildings to reduce waste production.
The Conference recommends that Contracting States, on the proposal of the International Equalization and Coordination Body, adapt the network of reception stations.
(4) The Conference shall settle disputes concerning the interpretation and application of this Convention, as well as disputes arising within the international Equalization and Coordination proceeding, without the effect of suspending the interim financial equalization in progress.
(5) The Conference establishes its rules of procedure unanimously.
(6) The Conference shall set its forecast budget in advance for the following year to which the Contracting States contribute equally.
Article 15
Secretariat
For the purposes of this Convention, the Secretariat of the Conference of the Contracting Parties shall be provided by the Secretariat of the Central Commission for the Navigation of the Rhine.
Sanctions
Article 16
Sanctions
The Contracting States shall revoke the offences committed in their territory to the obligations and prohibitions stipulated in this Convention and its rules of application, in accordance with their respective national provisions.
Final clauses
Article 17
Signature, ratification and accession
(1) This Convention is open for signature by the Federal Republic of Germany, the Kingdom of Belgium, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Swiss Confederation of 1^er June 1996 to 30 September 1996.
(2) This Convention shall be subject to ratification, acceptance or approval by the signatory States. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Central Commission for the Navigation of the Rhine.
(3) Following its entry into force, this Convention shall be open to the accession of all States whose inland waterways are linked to those of the Contracting States. The instruments of accession will be deposited with the Secretary General of the Central Commission for the Navigation of the Rhine.
Article 18
Entry into force
This Convention shall enter into force on the first day of the second month following the deposit of the last instrument of ratification, acceptance or approval of the signatory States. It shall enter into force with respect to any other Party on the first day of the second month following the deposit of its instrument of accession.
Article 19
Amendments to this Convention and its annexes
(1) Each Contracting Party may propose amendments to this Convention and its annexes. The amendment proposals are considered by the Conference of the Contracting Parties.
(2) The wording of each amendment proposal and its ground will be presented to the depositary who will communicate the proposal to the Contracting Parties no later than three months before the commencement of the Conference. Any position taken on such a proposal shall be communicated to the Contracting Parties by the depositary.
(3) Amendments to this Convention and its annexes shall be adopted unanimously.
(4) Amendments to this Convention shall be subject to ratification, acceptance or approval by Contracting Parties. They come into force on the first day of the sixth month after depositing with the depositary of the last instrument of ratification, acceptance or approval.
(5) Amendments to the Annexes to this Convention shall enter into force on the date agreed, no later than nine months after their adoption, unless, within six months, one of the Contracting Parties has indicated that it has refused these amendments.
Rule 20
Denunciation
(1) This Convention may be denounced by any of the Contracting Parties by notification addressed to the depositary at any time, five years after the date on which the Convention entered into force with respect to that Party.
(2) The denunciation takes effect on the first day of the month following the expiration of one year from the date on which the notification is received, at the earliest, however after the closing of the annual financial equalization for the previous year, or at the expiry of any longer period specified in the notification.
Article 21
Depositary
(1) The Secretary General of the Central Commission for the Navigation of the Rhine is the depositary of this Convention. A record of the deposit of instruments of ratification, acceptance, approval or accession shall be prepared by the depositary, which shall give to each Party operating under Article 17, paragraph 1, and to each Party that has acceded to this Convention a certified copy of the instruments and the minutes of deposit.
(2) The depositary shall transmit certified copies of this Convention in the languages referred to in Article 22, to each Party referred to in Article 17, paragraph 1^erand to each Party that has acceded to this Convention.
(3) The depositary shall promptly provide information and communication to each Party operating under Article 17, paragraph 1^erand to each Party that has acceded to this Convention
(a) any new signature as well as the date on which the signature occurred;
(b) documents referred to in Article 19, paragraph 2;
(c) texts of each amendment to this Convention and its annexes in the languages referred to in Article 22;
(d) the date of entry into force of this Convention, as well as amendments to this Convention and its annexes;
(e) communications from Contracting Parties informing that they object to an amendment to the annexes and any other communication prescribed in any of the articles of this Convention;
(f) any denunciation of this Convention and the date on which it takes effect.
Article 22
Languages
This Convention is prepared in a single original copy in the German, French and Dutch languages, each text being equally authentic.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done in Strasbourg, 9 September 1996.

Annex 1^re Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation
Waterways referred to in Article 2
Germany:
All inland waterways intended for general traffic.
Belgium:
All water accessible to inland navigation.
France:
Application Regulation, Part A: Rhine, Channel Moselle (up to Metz, p.k. 298,5).
Regulation of application, Parts B and C: the Rhine, the Moselle channeled to Newfoundland Houses, p.k. 392,45, the Niffer-Mulhouse Canal, the canal between the lock of Pont Malin (p.k. 0,0) and the Franco-Belgian border (p.k. 36,561), the canal with large gauge between the lock of Pontin Malk.
Grand Duchy of Luxembourg:
The Netherlands Moselle:
All water accessible to inland navigation.
Switzerland:
The Rhine between Basel and Rheinfelden.

Annex 2 to the Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation
Application regulations
Part A - Collection, deposit and receipt of oily and greasy waste occurring during the operation of the building.
Part B - Collection, repository and receipt of cargo-related wastes.
Part C - Collection, repository and receipt of other waste occurring during the operation of the building.
Appendices
I. Used oils checkbook model.
II. Requirements for the drying system.
III. Unloading standards and requirements for deposit and reception for authorization to discharge wash, precipitation and ballast water containing cargo residues.
IV. Unloading certificate model.
V. Limit and control values for sewage stations on board passenger vessels.
Part A
Collection, deposit and receipt of oily and greasy waste occurring during the operation of the building
Chapter I^er
Receipt station obligations
Article 1.01
Deposit certificate
The operators of the receiving stations attest to the building the deposit of oily and greasy waste occurring during its operation in the waste oil control log according to Appendix I.
Chapter II
Driver ' s obligations
Article 2.01
Prohibition of spill and rejection
(1) It is forbidden to throw, spill or let flow into the waterway from oily and greasy waste buildings occurring during the operation of the building.
(2) In the event of accidental dumping of waste referred to in paragraph 1^er above or a threat of such spill, the driver must promptly notify the nearest competent authorities, indicating as precisely as possible the nature, quantity and location of the spill.
(3) Except for the prohibition referred to in paragraph 1, the discharge in the waterway of water separated by approved desoilers if the maximum residual oil at the outlet is continuously and without prior dilution in accordance with national requirements.
Article 2.02
Collection and treatment on board
(1) The driver shall ensure the separate collection on board of oily and greasy waste occurring during the operation of the building in containers intended for this purpose or that of the bottom water of the hold in the holds of the engine rooms.
The receptacles shall be stored on board in such a way that any leak of matter can easily be observed and prevented on time.
(2) It is forbidden
(a) use portable tanks stored on the deck as used oil collection tanks;
(b) Burning waste on board;
(c) Introduce oil and grease or emulsifying cleaning products into the machine room hold. Except for products that do not make the wastewater treatment more difficult by receiving stations.
Article 2.03
Used oils checkbook, deposit at reception stations
(1) Each motorized building that uses diesel must have on board a valid used oils checkbook issued by the competent authority according to the model in Appendix I. This checkbook must be kept on board. After its renewal, the previous book must be kept on board at least six months after the last registration.
(2) Oily and greasy waste occurring during the operation of the building must be deposited, however, at reception stations at regular intervals, determined by the state and operation of the building. This justification consists of a reference in the checkbook for used oils by the receiving station.
(3) Sea vessels with a hydrocarbon register as provided for in the International Convention for the Prevention of Pollution from Ships (Marpol) are exempt from the holding of the control note referred to in paragraph 1.
Chapter III
Organization and financing of the disposal of oily and greasy waste occurring during the operation of the building
Article 3.01
Loss of disposal
(1) Disposal retribution is in the first year at 7.5 ECU per 1,000 l of diesel sold.
(2) Disposal retribution is to be paid through stamps made available by a national institution. The stamps are published by the International Equalization and Coordination Body.
(3) During the feeding, the driver gives the fuelling station the quotity of stamps corresponding to the amount of diesel to be received.
(4) During each delivery of diesel fuel, the fuelling station obliterates the quotity of stamps corresponding to the disposal of the amount of avitailed diesel.
(5) Once each quarter the fuelling stations must communicate to national institutions or competent authorities under national provisions the amount of diesel supplied against stamping.
(6) The modalities of this procedure are to be determined nationally after agreement within the international Equalization and Coordination Body.
Article 3.02
National institution
The national institution receives the elimination award and submits to the international Equalization and Coordination Body proposals for the definition of the network of reception stations required at the national level. In addition, it has the task of registering, on a regular basis, internationally uniform quantities of oily and greasy waste that occur during the operation of the building as well as the sum of the collected disposal rewards. The national institution or competent authority under national provisions controls the disposal costs. The national institution shall be represented in the international Equalization and Coordination proceeding and shall, in particular, pay the provisional and final amounts determined by this proceeding on the fixed dates and due under the financial equalization to other national institutions.
Article 3.03
Control of the perception of disposal retribution and receipt and disposal costs
(1) A gasoline supply document must be established by the fuelling station for each diesel fuelling. It shall contain at least the following indications: name of the building, official number or any other indication allowing the identification of the building, name of the driver, quantity of avitailed/reissued diesel, value of stamps delivered/received, place and date, signature of the driver and the fuelling station.
A copy is given to the driver who must keep it on board for at least six months. Another copy is retained by the feeding station, which must undisturbed the corresponding stamp quotity and obliterate it.
(2) The concordance between the quantities of gasoline avitailed by the buildings and the value of the obliterated stamps is controlled by the national institution or the competent authority under national provisions on the basis of the gasoline supply evidence to be submitted by the fuelling stations.
(3) The authority which is competent under national provisions may control on board the buildings the payment of the disposal retribution as well as the quantities disposed of oily and greasy waste occurring during the operation of the building, comparing the travels made in the appropriate flight documents with the indications in the diesel fuel supply supporting documents.
(4) The national institution or authority that is competent under national provisions may control data on the quantities disposed of and the costs of disposal from the receiving stations on the basis of the appropriate documents.
(5) The modalities of this procedure are to be determined nationally after coordination within the international Equalization and Coordination Body.
Chapter IV
International financial equation
Article 4.01
International Forum for Equalization and Coordination
The international Equalization and Coordination proceeding meets once a year in the last quarter in order to stop the financial Equalization of the previous year and to propose, where appropriate, to the Conference of the Contracting Parties an amendment to the amount of the disposal retribution and the possible adaptation of the network of reception stations in place given the needs of navigation and the efficiency of disposal. It may meet at any time when representatives of two national institutions so request.
Article 4.02
Provisional financial equation
(1) National institutions communicate to the international Equalization and Coordination proceeding on a quarterly basis, i.e., March 31, June 30, September 30 and December 31, in accordance with a uniform model:
(a) quantities of oily and greasy waste collected and disposed of during the previous quarter;
(b) the total costs of receiving and eliminating the quantities indicated in (a) above;
(c) the amount of diesel delivered to buildings during the previous quarter;
(d) the amount of disposal reward received in the previous quarter;
(e) the financial consequences of the measures referred to in Article 6, paragraph 1^erfifth sentence of this Convention.
Currency conversion is effected during the exchange in force on the above dates.
(2) Based on the figures provided in accordance with paragraph 1^er above and by applying the equalization procedure provided for in Article 4.04 below, the International Equalization and Coordination Authority shall calculate the provisional amounts of the quarterly financial equalization and transmit them to national institutions within four weeks of receipt of the communications.
(3) National debtor institutions for the quarterly financial equalization are required to make payments due to national creditors within four weeks of receiving the payment order.
Article 4.03
Annual financial equation
(1) National institutions present their annual balance sheet for the year elapsed in the international Equalization and Coordination proceeding no later than 1^er August of the current year. During its ordinary meeting, the international Equalization and Coordination proceeding sets the financial equalization of the previous year.
(2) National institutions are required to make payments due under the final financial equalization for the previous year in accordance with section 4.02, paragraph 3 above. Currency conversion is effected on December 31 of the previous year.
Article 4.04
Financial Equalization Procedure
(1) The financial equalization referred to in sections 4.02 and 4.03 above shall be determined as follows for each national institution:
For the consultation of the table, see image
(2) Amounts Cn below a minimum percentage of revenues from the disposal of a national N institution are not equalized. The minimum percentage is set by the international equalization and coordination body.
Part B
Collection, deposit and receipt of cargo-related waste
Chapter V
General provisions
Article 5.01
Definitions
For the purposes of this Part, the following terms shall mean:
(a) "exclusive transport": successive transport in which the same cargo or other cargo whose carriage does not require the prior cleaning of the holds or tanks is transported in the hold or tank of the vessel;
(b) "main cargo": liquid cargo remaining in tanks or pipes after unloading without the use of a drying system and dry cargo remaining in the holds after unloading without the use of brooms, mechanical sweepers or suction facilities;
(c) "cargo residues": liquid cargo that cannot be evacuated from tanks or pipes by the drying system as well as dry cargo that cannot be disposed of by the use of mechanical sweepers, sweepers or suction facilities;
(d) "drying system": a system in accordance with Appendix II that allows the tanks and pipes to be drained and drained as completely as possible, except for cargo residues that cannot be evacuated by drying;
(e) "handling residues": cargo that during handling falls on the building outside the hold;
(f) "swept hold": unloaded hold of the remaining cargo using cleaning means such as brooms or sweepers, without the aid of suction or washing apparatus and where only cargo residues remain;
(g) "dried tank": tank removed from the remaining cargo using a drying system and where only cargo residues remain;
(h) "aspirated hold": a hold removed from the remaining cargo using the aspiration technique and where there are significantly fewer cargo residues than in a swept hold;
(i) "removal of remains": disposal of the remaining cargoes out of the holds, respectively, of tanks and pipes using appropriate means (e.g. brooms, sweepers, suction installation, drying system) that allow to reach the "swept" or "swept" discharge standard for the hold, "dried" for the tank and disposal of the residues
(j) "washing": removal of cargo residues from swept or vacuumed holds and dried tanks using water or water vapour;
(k) "washed hold or tank": hold or tank that after washing is in principle appropriate to receive any class of cargo;
(l) "washing water": water occurring during the washing of swept or vacuumed holds or dried tanks. It is also part of the ballast water and precipitation water from these holds or tanks.
Article 5.02
Obligation of Contracting States
The Contracting States undertake to put in place or to put in place the necessary infrastructure and other conditions for the deposit and receipt of remaining cargo, handling residues, cargo residues and washing water within five years after the entry into force of this Convention.
Article 5.03
Seafarers
This Part B does not apply to the loading or unloading of sea vessels in seaports located on maritime routes.
Chapter VI
Drivers ' liability
Article 6.01
Prohibition of spill and rejection
(1) Disposal, dumping or letting flow into the waterway from the buildings of the cargo parts as well as cargo-related waste is prohibited.
(2) Except for the prohibition of paragraph 1^er above the washing water with cargo residues that are explicitly permitted to discharge in the waterway in accordance with Appendix III provided that the provisions of that appendix have been complied with.
(3) In the event of dumping of substances for which Appendix III exclusively prescribes a special treatment deposit or in the event of a threat of such spill, the driver must promptly notify the nearest competent authorities by indicating the location and quantity and nature of the spill as precisely as possible.
(4) The competent national authority appreciates the admissibility of the dumping of cargo-related wastes that are not listed in Appendix III of the Regulations and sets out a provisional discharge standard.
The Conference of the Contracting Parties shall consider this proposal and, where appropriate, complete the list of goods.
Article 6.02
Transitional provisions
(1) The following transitional provisions are applicable for a period of five years after the entry into force of this Convention:
(a) with regard to dry cargo:
- where in Appendix III the "aspirated state" discharge standard is required, the "swept state" discharge standard is allowed,
- where in Appendix III is required for the release of washwater into the remediation system, the discharge in the waterway is permitted if the "swept state" discharge standard has been met;
(b) for liquid cargo:
the drying of cargo tanks pursuant to 7.04 is not required, however existing systems must be used to the extent possible even if they are not yet in accordance with Appendix II.
(2) If the required conditions are met for the compliance of the "aspirated state" discharge standard for the deposit of wash water at reception stations or for the drying of tank vessels, the national competent authority may prescribe, on any or part of its territory, that even before the end of the transitional period, the provisions of Appendix III shall be applicable without restriction for the types of goods concerned. The competent national authority shall inform the Conference of the Contracting Parties in advance.
Article 6.03
Unloading certificate
(1) Any building that has been discharged at a point in the scope of this Convention shall have on board a valid discharge certificate in accordance with Appendix IV.
The discharge certificate must be retained on board at least six months after delivery.
In the case of a unmanned vessel, the unloading certificate may be retained by the vessel operator at a location other than on board.
(2) When the remains are unloaded and the deposit and receipt of cargo-related wastes, the unloading standards and the requirements of Appendix III relating to the deposit and receipt are applicable.
(3) After loading the vessel can only continue its journey when the driver has ascertained that the handling residues have been removed.
(4) The vessel cannot continue its journey after unloading until the driver has confirmed in the unloading certificate that the remaining cargo and the handling residues have been taken over.
(5) The provisions of paragraph 4 above do not apply to exclusive transport buildings.
(6) When the holds or tanks are washed and the washed water cannot be discharged into the waterway under the unloading standards and the requirements of Appendix III relating to the deposit and reception, the vessel may only continue its journey when the driver has confirmed in the unloading certificate that the washed water has been taken on deposit or a reception station has been designated to it.
Chapter VII
Obligations of the vessel operator, charterer, consignee of the cargo and operator of the handling facility
Article 7.01
Attestation of reception
(1) In the discharge certificate referred to in 6.03 above, the consignee of the cargo shall certify to the vessel the unloading of the cargo, the unloading of the remains and, to the extent it is incumbent upon it, the washing of the cargo holds or tanks and the receipt of the cargo-related wastes or, where applicable, the designation of a receiving station.
(2) If the consignee of the cargo does not collect the wash water itself that cannot be spilled into the waterway the operator of the receiving station attests to the building the reception of the wash water.
Article 7.02
Provision of the building
(1) The building operator makes the building available to the charterer in a discharge standard such as the cargo can be transported and delivered without prejudice. As a general rule, this is the case for the unloading standard "swept hold" or "dried tank" and when the building is free of all handling residues.
(2) It may be agreed in advance of a higher unloading standard or washing.
(3) With the start-up of the loading operations, the vessel is considered to have been made available by its operator in a state consistent with the requirements set out in paragraphs 1^er or 2 above.
Article 7.03
Loading and unloading
(1) The loading and unloading of a building also includes the necessary measures for the unloading of remains and washing, as provided for in this Part B. The remaining cargo must, to the extent possible, be added to the cargo.
(2) When loading the charterer must ensure that the building remains free of handling residues. If such residues occur, however, the charterer shall ensure that they are disposed of after loading unless otherwise agreed.
(3) When unloading, the consignee of the cargo must ensure that the vessel remains free of handling residues. If such residues occur, however, the consignee of the cargo shall ensure their disposal. Handling residues shall, to the extent possible, be added to the cargo.
Article 7.04
Restitution of the building
(1) For dry cargo, the consignee of the cargo must ensure that after unloading, the hold is returned to a swept state or vacuumed according to the unloading standards and the requirements for the deposit and receipt of Appendix III. It is required to collect any remaining cargo and any handling residue on board the unloaded building.
For liquid cargo, the charterer must ensure that after discharge, the tank is returned to a dry state. Unless otherwise provided by the contract of carriage, the driver shall unload, including the unloading of the remains using a drying system. The piping intended for the collection of the remaining cargo shall be equipped with a connection system conforming to model 1 of Appendix II. When using the on-board drying system, the backpressure in the pipe system of the consignee of the cargo, before the start of the drying operation, must not exceed 3 bar. The operator of the handling facility is required to collect the remaining cargo.
(2) The obligation to return the cargo hold or tank in a washed state is the consignee of the cargo in the case of a dry cargo and the charterer in the case of a liquid cargo if
(a) the vessel was in that state of cleanliness before the last load and, in the event that the washing is the consignee of the cargo, the evidence is provided by the unloading certificate established for the previous cargo and if
(b) the vessel has transported goods whose residues of cargo mixed with washing water cannot be discharged into the waterway under the unloading standards and the requirements for deposit and receipt referred to in Appendix III.
(3) Paragraphs 1^er and 2 above do not apply to holds and tanks of buildings carrying out exclusive transport.
(4) If, at the end of the unloading period or agreed starry days, the consignee of the cargo or the charterer does not return the vessel in accordance with the provisions of this section and section 7.03 above, the operator may put or put the vessel in the prescribed condition. All costs incurred, including, inter alia, surestary expenses, provided that they are not attributable to the vessel operator, are borne by the consignee of the cargo or charterer.
Article 7.05
Cargo residue and wash water
(1) For dry cargo, the consignee of the cargo is required to collect the wash water that occurs after washing in accordance with section 7.04, paragraph 2, or after consultation with the operator of the vessel, to designate a reception station to the driver.
(2) The charterer of a liquid cargo is required to designate, in the contract of carriage, a washing water reception station that occurs after washing in accordance with section 7.04, paragraph 2.
(3) The receiving station must be located near the unloading site or on the path leading to the next loading or unloading site of the building.
Article 7.06
Fees
(1) For dry cargo, the costs caused by the unloading of the remains and the washing of the holds according to Article 7.04 above and by the receipt of washing water according to Article 7.05, paragraph 1^er above, including, where applicable, the resulting costs of waiting and detours are borne by the consignee of the cargo. The same is true of the costs incurred as a result of precipitation water that penetrated the holds after the loading began and before the unloading referred to in 7.03, paragraph 1, when a carriage in covered hold was not agreed.
In the case of exclusive transport for the same charterer, it is required to collect at its expense, prior to loading, the precipitation waters that have penetrated the holds since the end of the previous unloading.
(2) For liquid cargoes, the costs caused by the unloading of the remains and the washing of the tanks according to Article 7.04 and by the receipt of washing water according to Article 7.05, paragraph 2, above, including, where applicable, the waiting and detour costs resulting from it, shall be borne by the charterer.
(3) The costs associated with the deposition of washwater from holds and tanks that do not meet the required discharge standards are borne by the operator of the vessel.
Article 7.07
Agreement between the charterer and the consignee of the cargo
The charterer and the consignee of the cargo may agree between them a distribution of their obligations different from that set out in this annex provided that this does not have any consequences for the operator of the vessel.
Article 7.08
Transfer of the rights and obligations of the charterer or consignee of the cargo to the operator of the handling facility
When the charterer or consignee of the cargo relies on the services of a handling facility for the loading or unloading of a vessel, the operator of that facility is subrogated in the rights and obligations of the charterer or consignee of the cargo referred to in 7.01, paragraph 1^er Articles 7.03, 7.04 and 7.05. With respect to section 7.06, this subrogation is only valid for the evacuation and receipt of handling residues.
Article 7.09
Transport documents
The charterer mentions in the contract of carriage and in the transport documents the name and the four-digit number according to Appendix III of each class of substances it has delivered to the transport.
Part C
Collection, filing and receipt of other purchases occurring during the operation of the building
Chapter VIII
General provisions
Article 8.01
Definitions
For the purposes of this Part, the following terms shall be:
(a) "domestic waste water": waste water from kitchens, dining rooms, shower rooms and laundry facilities and faecal water;
(b) "household garbage": organic and inorganic waste from households and gastronomy on board, however, does not contain components of the other defined waste occurring during the operation of the building;
(c) "curage sludge": residues occurring on board the building during the operation of a water purification plant;
(d) "slops": mixtures of cargo residues with remains of washing water, rust or mud, suitable or not to be pumped;
(e) "other special wastes": waste occurring during the operation of the building other than oily and greasy waste and other than wastes referred to in letters (a) to (d);
(f) "stand-by passenger vessel": a passenger vessel with cabins for the night stay of passengers.
Article 8.02
Obligations of Contracting States
(1) Contracting States undertake to make or make available reception facilities for domestic waste
(a) handling facilities or ports,
(b) at the passenger boat accosting stations for passenger vessels that operate there,
(c) some parking areas and locks for passageway navigation.
(2) The Contracting States undertake to install or install in ports reception stations for slops and other special wastes, no later than five years from the date of entry into force of this Convention.
(3) Contracting States undertake to install or install, in accordance with the provisions of Article 4, paragraph 1^er, of this Convention, no later than the date specified in Article 9.01, paragraph 3, of reception stations for domestic waste water at certain accosting stations serving as usual parking spaces or parking spaces for the night:
(a) for cabin passenger vessels with more than 50 sleeping spaces
(b) for passenger vessels permitted to transport more than 50 passengers.
Chapter IX
Driver ' s obligations
Article 9.01
Prohibition of spill and rejection
(1) It is forbidden to throw, spill or let the waterway flow from the buildings of household garbage, slops, curage sludge and other special waste.
(2) In the event of accidental dumping of waste referred to in paragraph 1^er above or a threat of such spill, the driver must promptly notify the closest competent authorities by indicating as precisely as possible the location and quantity and nature of the spill.
(3) Discharge of domestic waste water is prohibited
(a) Passenger cabin vessels with more than 50 sleeping spaces after 1^er January 2005,
(b) Passenger vessels permitted to transport more than 50 passengers from 1^er January 2010.
In other cases the discharge of domestic waste water in the water is permitted.
(4) The prohibition referred to in paragraph 3 above does not apply to passenger vessels that have a on-board purification station respecting the limits and control values referred to in Appendix V.
(5) The prohibition referred to in paragraph 3 above does not apply to sea vessels at seaports located on maritime routes provided that they are subject to the provisions of the International Convention for the Prevention of Pollution by Ships (Marpol).
Article 9.02
Derogations to the ban on domestic wastewater discharge
The Contracting States may agree, for vessels referred to in Article 9.01, paragraph 3, for which the prohibition of dumping of domestic waste water is difficult in practice or would result in unreasonable expenses, an appropriate procedure for derogations and setting the conditions under which such exemptions may be considered equivalent.
Article 9.03
Collection and processing on board, deposit at reception stations
(1) The driver shall ensure the collection on board and the separate deposit of the waste referred to in 9.01, paragraph 1^er. If possible household garbage should be deposited separately according to the following categories: paper, glass, other recyclable materials and other garbage.
(2) Incineration of wastes referred to in 9.01, paragraph 1, is prohibited on board.
(3) Operators of passenger vessels that have a dashwater treatment plant in accordance with Appendix V shall ensure themselves appropriately to the regulatory deposit of the swamps, against certification on the basis of national provisions.
Chapter X
Receipt station operator obligations
Article 10.01
Reception by reception stations
(1) The operator of the receiving station shall ensure that the waste referred to in 9.01, paragraph 1^er may be deposited separately.
(2) The operator of the receiving station shall certify to the driver the deposit of the slops in accordance with the national requirements.
APPENDIXS
The appendices, pages 40 to 95 included, are only available on paper.
For the consultation of the table, see image
Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation in Annexes 1^re and 2, and Appendices I, II, III, IV and V, made in Strasbourg on 9 September 1996