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16 FEBRUARY 2009. - An Act to Accredit the 2001 International Convention on the Control of Harmful Anti-fouling Systems on Ships and Annexes, made in London on 5 October 2001 (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 2001 International Convention on the Control of Harmful Anti-fouling Systems on Ships, and the Annexes, made in London on 5 October 2001, will come out their full and full effect.
Amendments to the Annexes to the Convention, which will be adopted pursuant to Article 16 of the Convention, without Belgium opposing their adoption, will come out their full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 16 February 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice
S. DE CLERCK
Notes
(1) 2007-2008 and 2008-2009 session.
Senate.
Documents.- Bill tabled on 3 July 2008, No. 4-847/1. - Report, No. 4-847/2
Annales parliamentarians. - Discussion, meeting of 6 November 2008. - Vote, meeting of 6 November 2008.
Room
Documents. - Project transmitted by the Senate, No. 52-1564/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1564/2
Annales parliamentarians. - Discussion, meeting of November 27, 2008. - Vote, meeting of 27 November 2008.
(2) See decree of the Flemish Community/ Flemish Region of 9 May 2008 (Belgian Monitor of 10 June 2008), decree of the Walloon Region of 27 November 2003 (Belgian Monitor of 8 December 2003), order of the Brussels-Capital Region of 5 March 2009 (Belgian Monitor of 13 March 2009).

2001 International Convention on the Control of Pest Management Systems on Ships
The Parties to this Convention,
Noting that scientific studies and surveys conducted by governments and relevant international organizations have demonstrated that some anti-fouling systems used on ships pose a significant risk of toxicity to ecologically and economically important marine organisms, on which they may also have other chronic effects, and that the consumption of marine-borne foods may be hazardous to human health,
Noting in particular the serious concerns raised by anti-fouling systems in which organotin compounds are used as biocides, and convinced that the introduction of such organotin compounds in the marine environment should be phased out,
Recalling that Chapter 17 of the Agenda 21 Programme adopted by the 1992 United Nations Conference on Environment and Development requires States to take measures to reduce pollution caused by organotin compounds present in anti-fouling paints,
Recalling also that the Assembly of the International Maritime Organization, by its Resolution A.895(21) adopted on 25 November 1999, urged the Organization's Committee on Protection of the Marine Environment (MEPC) to work towards the early development of a legally binding global instrument to deal with the harmful effects of anti-fouling systems as a matter of urgency,
Aware of the precautionary approach established under Principle 15 of the Rio Declaration on Environment and Development, as referred to in Resolution MEPC.67(37) adopted by the MEPC on 15 September 1995,
Recognizing the importance of protecting the marine environment and human health from the adverse effects of anti-fouling systems,
Recognizing also that the use of anti-fouling systems to prevent the accumulation of organisms on the surface of vessels is of crucial importance to ensure the effectiveness of trade and shipping and to prevent the spread of aquatic pests and pathogens,
Recognizing further that it is necessary to continue the development of anti-fouling systems that are effective and environmentally safe and to encourage the replacement of harmful systems by less harmful or, preferably, non-injurious systems,
The following agreed:
Article 1^er
General obligations
(1) Each Party to this Convention undertakes to give full effect to its provisions in order to reduce or eliminate the adverse effects of anti-fouling systems on the marine environment and on human health.
(2) Annexes are an integral part of this Convention. Unless otherwise expressly provided, any reference to this Convention shall at the same time be a reference to its Annexes.
(3) Nothing in this Convention shall be construed as preventing a State from taking, individually or jointly, more stringent measures to reduce or eliminate the adverse effects of anti-fouling systems on the environment, in accordance with international law.
4) The Parties shall endeavour to cooperate to ensure the effective implementation, compliance and implementation of this Convention.
5) Parties are committed to promoting the continued development of anti-fouling systems that are effective and environmentally safe.
Article 2
Definitions
For the purposes of this Convention, unless otherwise expressly stated:
(1) "Administration" means the government of the State under whose authority the ship is operated. In the case of a ship authorized to defeat the flag of a State, the Administration is the government of that State. In the case of fixed or floating platforms for the exploration and exploitation of the seabed and its subsoil adjacent to the shores on which the coastal State exercises sovereign rights for the exploration and exploitation of their natural resources, the Administration is the government of the coastal State concerned.
(2) "Anti-fouling system" means a coating, paint, surface treatment, surface or device that is used on a vessel to control or prevent the deposit of unwanted organisms.
3) "Committee" means the Marine Environment Protection Committee of the Organization.
4) "Gift gauge" means the gross gauge calculated in accordance with the gauge rules set out in Appendix 1^re of the 1969 International Convention on the Measurement of Ships or any subsequent convention.
(5) "International travel" means a trip by a ship authorized to beat the flag of a State to or from a port, shipyard or offshore terminal under the jurisdiction of another State.
6. "Length" means the length defined in the 1966 International Convention on Load Lines as amended by the 1988 Protocol thereto, or any subsequent convention.
7) "Organization" means the International Maritime Organization.
8) "Secretary-General" means the Secretary-General of the Organization.
9) "Safe" means a vessel of any type operated in a marine environment and includes hydropters, aerogliders, submersible equipment, floating equipment, fixed or floating platforms, floating storage units (FSU) and floating production, storage and unloading units (FPSO).
10) "Technical Group" means a body composed of representatives of the Parties, the Members of the Organization, the United Nations and its specialized agencies, intergovernmental organizations having concluded agreements with the Organization and non-governmental organizations in consultative status with the Organization, which should include preferably representatives of establishments and laboratories engaged in the analysis of anti-fouling systems. These representatives must be experts in the fields of becoming in the environment and environmental effects, toxic effects, marine biology, human health, economic analysis, risk management, international shipping, coating techniques for anti-fouling systems or other specialized areas necessary to objectively study the technical merit of a detailed proposal.
Article 3
Implementation
(1) Except as otherwise expressly provided in this Convention, this Convention shall apply:
(a) vessels authorized to defeat the flag of a Party;
(b) vessels that are not authorized to defeat the flag of a Party but are operated under the authority of a Party; and
(c) vessels entering a port, shipyard or terminal off a Party but not referred to in subparagraphs (a) or (b).
(2) This Convention does not apply to war vessels, auxiliary war vessels or other vessels owned or operated by a Party and used exclusively for non-commercial public service at that time. However, each Party shall ensure, by taking appropriate measures that do not compromise the operations or operational capacity of such vessels owned or operated by it, that they act in a manner consistent with this Convention, provided that this is reasonable and feasible in practice.
(3) In the case of vessels of States not Parties to this Convention, the Parties shall apply the requirements of this Convention to the extent necessary to ensure that such vessels do not receive more favourable treatment.
Article 4
Control measures of anti-fouling systems
(1) In accordance with the requirements specified in Appendix 1^reeach Party prohibits and/or limits:
(a) the application, re-application, installation or use of harmful anti-fouling systems on vessels referred to in paragraph (a) or (b) of section 3, (1); and
(b) the application, re-application, installation or use of such systems on vessels referred to in Article 3, (1) (c) where they are in a port, shipyard or terminal off a Party,
and takes effective measures to ensure that these vessels meet these requirements.
(2) Ships with an anti-fouling system that is subject to a control measure resulting from an amendment to Appendix 1^re after the entry into force of this Convention may retain this system until the scheduled date for its replacement, however, this period should not exceed 60 months after the application of the system, unless the Committee decides that there are exceptional circumstances that warrant the earlier application of the control measure.
Article 5
Waste control measures under Appendix 1^re
In the light of international rules, standards and requirements, a Party shall take appropriate measures in its territory to require that wastes resulting from the application or removal of an anti-fouling system subject to a control measure under Annex 1^re be collected, handled, treated and evacuated in a safe and environmentally sound manner to protect human health and the environment.
Article 6
Procedure for proposing amendments to anti-fouling control measures
(1) Any Party may propose an amendment to Appendix 1^re in accordance with this article.
(2) An initial proposal must contain the information prescribed in Appendix 2 and be submitted to the Organization. When the Organization receives a proposal, it shall bring it to the attention of the Parties, Members of the Organization, the United Nations and its specialized agencies, intergovernmental organizations that have entered into agreements with the Organization and non-governmental organizations in consultative status, and shall communicate to them the text.
(3) The Committee decided whether the anti-fouling system in question required further study based on the initial proposal. If the Committee decides that a further study is justified, it requests the Party whose proposal emanates to submit a detailed proposal containing the information prescribed in Annex 3, unless the information is already included in the original proposal. If the Panel finds that there is a risk of serious or irreversible harm, the absence of absolute scientific certainty should not be invoked to prevent it from deciding on the evaluation of the proposal. The Committee constitutes a technical group in accordance with Article 7.
4) The technical group is considering the detailed proposal as well as the additional data that could have been submitted by any interested entity and, after conducting an evaluation, tells the Committee whether the proposal demonstrated that there could be an excessive risk of adverse effects on non-target organisms or on human health that warrants an amendment to Appendix 1^re. In this regard:
(a) The study of the technical group consists of:
(i) assess the link between the anti-fouling system in question and the associated adverse effects that have been observed, either in the environment or on human health, including but not limited to, by the consumption of marine-based foods affected, or through controlled studies, based on the data described in Appendix 3 and any other relevant data identified;
(ii) Evaluate the potential risk reduction from proposed control measures and any other control measures that the technical group may consider;
(iii) review available information on the technical feasibility of control measures and the cost-effectiveness of the proposal;
(iv) examine available information on the other effects of the introduction of such control measures with respect to:
- the environment (including, but not limited to, the cost of inaction, and the impact on air quality);
- health and safety problems for shipyards (i.e. effects on the workers of these yards);
- the cost of international shipping and other interested sectors; and
(v) consider appropriate alternatives that may be available, including potential risks associated with such alternatives;
(b) the report of the technical group shall be submitted in writing and shall take into account each of the evaluations and each of the reviews referred to in paragraph (a); the technical group may, however, decide not to conduct the evaluations and reviews described in subparagraphs (a), (ii) to (a), (v) if it deems, after the evaluation described in paragraph (a) (i), that the proposal should not be considered further;
(c) the report of the technical group includes, among other things, a recommendation indicating whether the international control measures under this Convention are justified for the anti-fouling system in question, whether the specific control measures suggested in the detailed proposal are appropriate or whether other control measures are considered by the Panel to be more appropriate.
5) The report of the technical group shall be circulated to the Parties, the Members of the Organization, the United Nations and its specialized agencies, to governmental organizations that have entered into agreements with the Organization and to non-governmental organizations in consultative status with the Organization, prior to its consideration by the Committee. The Committee decides whether a proposal to amend Appendix 1 should be approved.^re and, where appropriate, amendments to this proposal, taking into account the report of the technical group. If the report indicates a risk of serious or irreversible damage, the absence of absolute scientific certainty must not, in itself, be invoked to prevent the Committee from deciding to include an anti-fouling system in Appendix 1^re. Proposals for amendments to Appendix 1^re, if approved by the Committee, shall be broadcast in accordance with article 16, (2), (a). The decision not to approve a proposal does not exclude the subsequent submission of a new proposal with respect to a given anti-fouling system if new information is highlighted.
6) Only Parties may participate in decisions taken by the Committee as described in paragraphs (3) and (5).
Article 7
Technical groups
(1) The Committee shall constitute a technical group pursuant to Article 6 when a detailed proposal is received. In cases where several proposals are received at the same time or thereafter, the Committee may establish one or more technical groups, as appropriate.
(2) Any Party may participate in the deliberations of a technical group, and should use the relevant expertise available to it.
(3) The Committee defines the mandate, organization and operation of technical groups. This mandate guarantees respect for the confidential nature of information that may be disclosed. Technical groups may hold meetings that they consider necessary, but they endeavour to conduct their work by correspondence or electronic means or other appropriate means.
4) Only representatives of Parties may participate in the formulation of recommendations to be submitted to the Committee pursuant to Article 6. A technical group strives to achieve unanimity among the representatives of the Parties. If this is not possible, it communicates the views of the minority.
Article 8
Scientific and technical research and monitoring
(1) Parties shall take appropriate measures to encourage and facilitate scientific and technical research on the effects of anti-fouling systems and the monitoring of such effects. This research should include, in particular, the observation, measurement, sampling, assessment and analysis of the effects of anti-fouling systems.
(2) To promote the objectives of this Convention, each Party shall facilitate access by other Parties upon request to the relevant information on:
(a) scientific and technical activities undertaken in accordance with this Convention;
(b) scientific and technological programmes concerning the marine environment and their objectives; and
(c) the effects of monitoring and evaluation programs on anti-fouling systems.
Article 9
Communication and exchange of information
(1) Each Party undertakes to communicate to the Organization:
(a) a list of designated inspectors or recognized bodies authorized to act on behalf of that Party for the purposes of the administration of cases relating to the control of anti-fouling systems, in accordance with this Convention, for dissemination to the Parties, which shall bring it to the attention of their officials. The Administration shall therefore notify the Organization of the specific responsibilities entrusted to the designated inspectors or to the recognized bodies and the conditions of their delegated authority; and
(b) on an annual basis, information on any approved anti-fouling system, subject to restrictions or prohibited under its national legislation.
(2) The Organization shall, by any appropriate means, disseminate the information provided to it under paragraph 1^er).
(3) If anti-fouling systems are approved, registered or approved by a Party, the Party shall either provide, or request manufacturers of these anti-fouling systems to provide, upon request, relevant information on the basis of which it has made its decision, including information set out in Appendix 3, or other information that allows for an appropriate assessment of the anti-fouling system. No information is provided that is protected by law.
Article 10
Visit and issuance of certificates
A Party shall ensure that vessels authorized to defeat their flag or operated under its authority are visited and that certificates are issued to them in accordance with the rules of Annex 4.
Article 11
Inspection of ships and search for violations
(1) A ship to which this Convention applies may be inspected at any port, shipyard or terminal off a Party, by officials authorized by that Party, for the purpose of determining whether the ship meets this Convention. Unless there are good reasons to believe that a vessel breaches this Convention, any such inspection shall be limited to:
(a) verify that the vessel has an international anti-fouling system certificate or a valid anti-fouling system statement, if required; and/or
(b) a brief sampling of the vessel's anti-fouling system that does not adversely affect the integrity, structure, or operation of that system, taking into account the guidance developed by the Organization. However, the time required to process the results of this sampling shall not prevent the movement and departure of the vessel.
(2) If there is good reason to believe that the vessel is in breach of this Convention, a thorough inspection may be carried out in the light of the guidelines developed by the Organization.
(3) If the vessel is found to be in breach of this Convention, the Party conducting the inspection may take measures to send a warning to the vessel, to detain it, to return it from its ports or not to admit it. A Party taking such measures against a ship on the ground that it does not comply with this Convention shall immediately inform the Authority of the vessel concerned.
4) The Parties shall cooperate in the search for violations and the implementation of this Convention. A Party may also inspect a vessel that enters a port, shipyard or offshore terminal under its jurisdiction where another Party requests an investigation and provides sufficient evidence that the vessel is operated or operated in contravention of this Convention. The report of this investigation shall be sent to the requesting Party and to the competent authority of the Administration to which the affected vessel is located, so that appropriate measures may be taken under this Convention.
Article 12
Violations
(1) Any violation of this Convention shall be prohibited and punished by the legislation of the Administration to which the vessel concerned reports, wherever it occurs. If the Authority is informed of such a violation, it conducts an investigation and may request that the Party inform it provide additional evidence of the alleged violation. If the Administration is satisfied that there is sufficient evidence to prosecute the alleged violation, it ensures that the prosecution is initiated as soon as possible in accordance with its legislation. The Administration shall promptly inform the Party that has reported the alleged violation, as well as the Organization, of the measures taken. If the Authority has not taken any action within one year of receipt of the information, it shall inform the Party that has reported the alleged violation.
(2) Any violation of this Convention in the jurisdiction of a Party shall be prohibited and punished by the legislation of that Party. Whenever such a violation occurs, the Party shall:
(a) ensure that proceedings are brought in accordance with its legislation;
(b) provide the Authority to which the affected vessel reports the information and evidence that it may hold that there has been an offence.
(3) Sanctions under the legislation of a Party pursuant to this article must be, by their rigor, in order to discourage violations of this Convention wherever they occur.
Article 13
Delay or undue retention of vessels
(1) To the extent possible, a vessel must be unduly retained or delayed under sections 11 or 12.
(2) A vessel that has been unduly retained or delayed under sections 11 or 12 is entitled to compensation for any damage or damage suffered.
Article 14
Settlement of disputes
The Parties shall settle any dispute between them with respect to the interpretation or application of this Convention through negotiation, investigation, mediation, conciliation, arbitration, judicial settlement, recourse to regional bodies or agreements, or other peaceful means of their choice.
Article 15
Report with international law of the sea
Nothing in this Convention shall affect the rights and obligations of any State under the customary rules of international law set out in the United Nations Convention on the Law of the Sea.
Article 16
Amendments
(1) This Convention may be amended by one of the procedures defined in the paragraphs below.
(2) Amendments after review within the Organization:
(a) Any Party may propose an amendment to this Convention. The proposed amendment shall be submitted to the Secretary-General who shall distribute it to the Parties and Members of the Organization at least six months before its consideration. In the case of an amendment proposal to Appendix 1^re, it shall be treated in accordance with Article 6 before being examined under this Article.
(b) An amendment proposed and circulated in the manner provided above shall be referred to the Committee for consideration. Parties, whether or not they are Members of the Organization, are authorized to participate in the deliberations of the Committee for the purpose of reviewing and adopting the amendment.
(c) The amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Committee, provided that at least one third of the Parties are present at the time of the vote.
(d) Amendments adopted pursuant to paragraph (c) shall be communicated by the Secretary-General to the Parties for acceptance.
(e) An amendment is deemed to have been accepted in the following cases:
(i) An amendment to an article of this Convention shall be deemed to have been accepted on the date on which two thirds of the Parties notified their acceptance to the Secretary-General.
(ii) An amendment to an Annex shall be deemed to have been accepted upon the expiry of a period of twelve months after the date of its adoption or any other date fixed by the Committee. However, if at that date more than one third of the Parties notified the Secretary-General that they raise an objection to the amendment, the amendment is deemed not to have been accepted.
(f) An amendment shall enter into force under the following conditions:
(i) An amendment to an article of this Convention shall enter into force for those Parties that have declared that they have accepted it six months after the date on which it is deemed to have been accepted in accordance with paragraph (e), (i).
(ii) An amendment to Appendix 1^re comes into force for all Parties six months after the date on which it is deemed to have been accepted, except for any Party that has:
(1) notified its objection to the amendment in accordance with paragraph (e), (ii), and did not withdraw that objection;
(2) notified to the Secretary-General, prior to the entry into force of this amendment, that the amendment shall enter into force only after further notification of its acceptance; or
(3) makes a declaration at the time of deposit of its instrument of ratification, acceptance or approval of this Convention, or of accession to it, indicating that the amendments to Annex 1^re shall enter into force only after notification to the Secretary-General of his acceptance in respect of these amendments.
(iii) An amendment to an Annex other than Appendix 1^re comes into force with respect to all Parties six months after the date on which it is deemed to have been accepted, with the exception of Parties that have notified their objection to the amendment in accordance with paragraph (e), (ii), and have not withdrawn that objection.
(g) (i) A Party that has notified an objection under subparagraph (f), (ii), (l) or (iii) may subsequently notify the Secretary-General that it accepts the amendment. This amendment comes into force for that Party six months after the date of notification of acceptance, or the date of entry into force of the amendment, if it is later.
(ii) If a Party that has sent a notification or made a declaration referred to in subparagraph (f), (ii), (2) or (3), respectively, notify the Secretary-General of its acceptance in respect of an amendment, that amendment shall enter into force for that Party six months after the date of notification of its acceptance, or the date of entry into force of the amendment, if the latter is later.
(3) Amendment by conference:
(a) At the request of a Party, supported by at least one third of the Parties, the Organization shall convene a conference of the Parties to consider amendments to this Convention.
(b) An amendment adopted by the Conference by a two-thirds majority of the Parties present and voting shall be communicated by the Secretary-General to all Parties for acceptance.
(c) Unless otherwise decided by the Conference, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures set out in paragraphs 2, (e) and (f) respectively of this Article.
4) Any Party that has not accepted an amendment to an Annex shall be considered not a Party for the sole purpose of applying that amendment.
5) The addition of a new Annex is proposed and adopted and comes into force in accordance with the procedure applicable to an amendment to an article of this Convention.
6) Any notification or declaration under this article shall be addressed in writing to the Secretary-General.
7) The Secretary-General shall inform the Parties and Members of the Organization:
(a) any amendment that comes into force and the date of its entry into force in general and in respect of each Party; and
(b) any notification or declaration made under this article.
Article 17
Signature, ratification, acceptance, approval and accession
(1) This Convention shall be open for signature by any State at United Nations Headquarters of 1^er February 2002 to 31 December 2002 and then remains open to membership.
(2) States may become Parties to this Convention by:
(a) unconditional signature of ratification, acceptance or approval; or
(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
(c) accession.
(3) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.
4) If there are two or more territorial units in which different legal regimes are applicable in respect of matters dealt with in this Convention, a State may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention applies to all territorial units or only to one or more of them and may amend that declaration by submitting another declaration at any time.
5) The declaration shall be notified to the Secretary-General and expressly mention the territorial units to which this Convention applies.
Article 18
Entry into force
(1) This Convention comes into force twelve months after the date on which at least twenty-five States, with a total of twenty-five per cent of the gross tonnage of the world fleet of commercial vessels, have either signed the Convention without reservation as to ratification, acceptance or approval, or deposited the required instrument of ratification, acceptance, approval or accession, in accordance with Article 17.
(2) For States that have deposited an instrument of ratification, acceptance or approval of this Convention or accession to it after the conditions governing its entry into force have been met but before its entry into force, ratification, acceptance, approval or accession shall take effect on the date of the entry into force of this Convention, or three months after the date of the deposit of the instrument if the latter date is later.
(3) Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of this Convention shall take effect three months after the date of deposit of the instrument.
4) Any instrument of ratification, acceptance, approval or accession deposited after the date on which an amendment to this Convention is deemed to have been accepted under Article 16 applies to the Convention as amended.
Article 19
Denunciation
(1) This Convention may be denounced by any of the Parties at any time after the expiration of a period of two years from the date of its entry into force with respect to that Party.
(2) The denunciation shall be made by the filing of a written notification with the Secretary-General and shall take effect one year after the date of receipt of the notification or at the expiry of any longer period specified in the notification.
Rule 20
Depositary
(1) This Convention shall be deposited with the Secretary-General, who shall send certified copies to all States that have signed or acceded to it.
(2) In addition to the functions specified in other articles of this Convention, the Secretary-General shall:
(a) inform all States that have signed or acceded to this Convention:
(i) any new signature or deposit of a new instrument of ratification, acceptance, approval or accession, as well as their date;
(ii) the effective date of this Convention; and
(iii) the deposit of any instrument of denunciation of this Convention and the date on which it was received and the date on which the denunciation takes effect; and
(b) upon the entry into force of this Convention, shall forward the text to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
Article 21
Languages
This Convention is prepared in a single original copy in the English, Arabic, Chinese, Spanish, French and Russian languages, each text being equally authentic.
The undersigned, duly authorized to do so by their respective Governments, have signed this Convention.
Done in London, October 5, 2001.

Annex 1^re
Control measures of anti-fouling systems


Annex 2
Elements to be included in an initial proposal
(1) An initial proposal must include adequate documentation containing at least the following:
(a) identification of the anti-fouling system referred to in the proposal: designation of the anti-fouling system; name of active ingredients and, where applicable, the Chemical Abstract Services Registry Number (CAS number), or system components suspected to cause adverse effects;
(b) the characterization of information that suggests that the anti-fouling system or its transformation products may pose a human health risk or cause adverse effects in non-target organisms at concentrations that may be found in the environment (e.g., results of toxicity studies on representative species or bioaccumulation data);
(c) evidence of the risk of the occurrence of toxic components of the anti-fouling system or its transformation products in the environment at concentrations that could lead to adverse effects in non-target organisms, human health or water quality (e.g. data on persistence in the water column, sediments and biota; rate of release of toxic components of treated surfaces measured in the course of study or under actual conditions of use; or data collected under a monitoring program (if applicable);
(d) an analysis of the relationship between the anti-fouling system, adverse effects produced, and concentrations observed or expected in the environment; and
(e) a preliminary recommendation on the type of restrictions that could be effective in reducing risks associated with the anti-fouling system.
(2) An initial proposal must be submitted in accordance with the rules and procedures established by the Organization.

Annex 3
Elements to be included in a detailed proposal
(1) A detailed proposal must include adequate documentation containing the following:
(a) new elements in relation to the data cited in the original proposal;
(b) the conclusions drawn from the data categories listed in paragraphs 3 (a), (b) and (c), as the case may be, based on the subject of the proposal and the identification or description of the methods used in the preparation of the data;
(c) a summary of the results of studies on the adverse effects of the anti-fouling system;
(d) a summary of the results of any monitoring program that could have been implemented, including information on marine traffic in the monitored area and a general description of that area;
(e) a summary of available data on environmental or ecological exposure and estimates of concentrations in the environment that could be obtained by applying mathematical models using all available parameters of becoming in the environment, and preferably those that have been determined experimentally, as well as identification or description of the modeling method;
(f) an assessment of the relationship between the anti-fouling system in question, the adverse effects produced, and the concentrations observed or projected in the environment;
(g) a qualitative indication of the degree of uncertainty in the assessment referred to in paragraph (f);
(h) recommended specific control measures to reduce the risks associated with the anti-fouling system; and
1) a summary of the results of available studies on the potential effects of recommended control measures in relation to air quality, conditions in shipyards, international shipping and other interested sectors, as well as appropriate alternatives that may exist.
(2) A detailed proposal shall also include information on each of the following physical and chemical properties of the component(s) of concern, if any:
- melting point;
- boiling point;
- density ( relative density);
- vapour pressure;
- hydrosolubility/pH/dissociation constant (pKa);
- oxidation/reduction potential;
- molecular mass;
- molecular structure; and
- other physical and chemical properties identified in the original proposal.
(3) For the purposes of paragraph 1^er(b), above, the data categories are:
(a) Data on becoming in the environment and environmental effects:
- degradation/dissipation modes (e.g. hydrolysis/photodegradation/biodegradation);
- persistence in the relevant environments (e.g. water column/sediment/biota);
- sediment/water sharing;
- rate of leaching of active biocides or ingredients;
- mass balance;
- bioaccumulation, sharing coefficient, octanol/water coefficient; and
- any new reactions caused by liberation or any known interactive effects.
(b) Data on involuntary effects on aquatic plants, invertebrates, fish, sea birds, marine mammals, endangered species, other biota, water quality, seabed or habitat for non-target organisms, including vulnerable and representative organisms:
Acute toxicity;
Chronic toxicity;
- development and reproduction toxicity;
Endocrine disorders;
- sediment toxicity;
- bioavailability/biomagnification/bioconcentration;
- food network/effects on populations;
- observations of adverse effects on the ground/damaged/ failed fish/ tissue analysis; and
- residues in marine foods.
This data should cover one or more types of non-target organisms, such as aquatic plants, invertebrates, fish, birds, mammals and endangered species.
(c) Data on the possible extent of human health effects (including, but not limited to, in the event of consumption of affected marine foods).
4) A detailed proposal must include a description of the methodologies used as well as any relevant measures taken for quality assurance and any examination of the studies conducted by specialists.

Annex 4
Inspection and issuance requirements for anti-fouling systems
Rule 1
Visits
(1) Vessels of a gross tonnage equal to or greater than 400 referred to in Article 3 (1) (a), which carry out international travel, excluding fixed or floating platforms, FSUs and FPSOs, shall be subject to the visits specified below:
(a) an initial visit made prior to the commission of the vessel or before the international system certificate (the certificate) prescribed under rules 2 or 3 is first issued; and
(b) a visit during the change or replacement of anti-fouling systems. Such visits shall be carried on the certificate issued under rules 2 or 3.
(2) The visit must ensure that the vessel's anti-fouling system fully complies with this Convention.
(3) The Authority shall establish appropriate measures to apply to vessels not subject to the provisions of paragraph 1^er) of this rule, to ensure compliance with this Convention.
4) (a) With regard to the implementation of this Convention, ship visits shall be carried out by officials duly authorized by the Administration or in the manner provided for in Rule 3 (1), taking into account the guidelines on visits prepared by the Organization (*). The Administration may also entrust the visits prescribed by this Convention to inspectors designated for that purpose or to organizations recognized by it.
(b) An administration that designates recognized inspectors or organizations (**) to conduct visits shall at least authorize any designated inspector or agency to:
(i) require that a vessel subject to a visit meet the requirements of Appendix 1^re; and
(ii) conduct visits if requested by the competent authorities of a port State that is a Party to this Convention.
(c) Where the Administration, a designated inspector or a recognized body determines that the vessel's anti-fouling system does not meet the requirements of the certificate prescribed under rules 2 or 3 or the requirements of this Convention, the Administration, inspector or agency shall immediately ensure that corrective actions are taken to bring the vessel into compliance. The inspector or agency must also inform the Authority in a timely manner. If the required corrective actions are not taken, the Administration must be informed immediately and ensure that the certificate is not issued or withdrawn, as appropriate.
(d) In the situation described in paragraph (c), if the vessel is in a port of another Party, the competent authorities of the port State must be informed immediately. Where the Administration, a designated inspector or a recognized body has informed the competent authorities of the port State, the Government of the port State concerned shall lend to the Administration, inspector or agency in question all necessary assistance to enable it to discharge its obligations under this rule, including taking the measures described in Articles 11 or 12.
Rule 2
Issuance of an international certificate of the anti-fouling system or a visa application
(1) The Authority must require a certificate to be issued to any vessel to which Rule 1 applies and which has successfully been visited in accordance with Rule 1. A certificate issued under the authority of a Party shall be accepted by other Parties and shall be considered, for all purposes covered by this Convention, as having the same value as a certificate issued by them.
(2) Certificates must be issued or covered either by the Administration or by any officer or body duly authorized by the Authority. In any case, the Administration assumes full responsibility for the certificate.
(3) For vessels with an anti-fouling system subject to a control measure under Appendix 1^re, which was applied before the effective date of this control measure, the Authority shall issue a certificate in accordance with paragraphs (2) and (3) of this rule no later than two years after the entry into force of the control measure. This paragraph does not affect a vessel's obligation to comply with Appendix 1^er.
4) The certificate shall be prepared in accordance with the model set out in Appendix i to this Annex and be prepared in English, French or Spanish at least. If an official language of the State that delivers it is also used, it prevails in the event of a dispute or disagreement.
Rule 3
Issuance of an international certificate of the anti-fouling system or application of a visa by another Party
(1) At the request of the Authority, another Party may submit a vessel to a visit and, if it considers that it is satisfied with this Convention, it shall issue a certificate or permit it to be issued and, as the case may be, apply a visa or authorize the affixing of a visa on that certificate in accordance with this Convention.
(2) A copy of the certificate and a copy of the visit report must be sent as soon as possible to the Administration that made the application.
(3) A certificate issued shall contain a statement indicating that it was issued at the request of the Authority referred to in paragraph 1^er) it has the same value as a certificate issued by the Administration, and must be recognized as such.
4) It shall not be issued from certificate to a ship that is authorized to beat the flag of a non-Party State.
Rule 4
Validity of an international anti-fouling system certificate
(1) A certificate issued under rules 2 or 3 shall cease to be valid in any of the following cases:
(a) if the anti-fouling system is modified or replaced and the certificate is not covered in accordance with this Convention; or
(b) if a ship passes under the flag of another State. A new certificate shall be issued only if the Party issuing it is certain that the ship meets this Convention. In the case of a pavilion transfer between Parties, if the request is made within three months of the transfer, the Party whose vessel was previously authorized to beat the flag shall, as soon as possible, address to the Administration a copy of the certificates the vessel had before the transfer, and a copy of the relevant visit reports, if any.
(2) The issuance by a Party of a new certificate to a ship transferred from another Party may be made on the basis of a new visit or valid certificate issued by the Party whose ship was previously authorized to beat the flag.
Rule 5
Declaration on the anti-fouling system
(1) The Authority shall require that a vessel of a length of 24 metres or more but a gross tonnage of less than 400 that conducts international travel and to which section 3, (1), (a), (excluding fixed or floating platforms, SFs and SFs) be provided with a declaration, signed by the owner or its authorized agent. This statement must be accompanied by the appropriate documentation (e.g. a receipt for painting or a corporate invoice) or contain satisfactory certification.
(2) The statement must be prepared in accordance with the model in Appendix 2 to this Annex and be prepared in English, French or Spanish at least. If an official language of the State whose ship is authorized to beat the flag is also used, the flag prevails in the event of a dispute or disagreement.
Notes
(*) Guidelines to be prepared.
(**) Refer to the guidelines adopted by the Organization by Resolution A.739 (18), as amended by the Organization and to the specification adopted by the Organization by resolution A.789 (19), as amended by the Organization.
For the consultation of the table, see image

2001 International Convention on the Control of Pest Management Systems on Ships, and Annexes, made in London on 5 October 2001