Notice Of Categorization, Classification, Transport And Discharge Of Liquid Substances Carried In Bulk

Original Language Title: Bekendtgørelse om kategorisering, klassifikation, transport samt udtømning af flydende stoffer, der transporteres i bulk

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=116289

Overview (table of contents) Chapter 1 scope

Chapter 2 Definitions, etc.

Chapter 3 classification and Categorization of noxious liquid substances and other substances

Chapter 4 common provisions for discharge and transport

Chapter 5 the discharge of substances in category X

Chapter 6 discharge of substances in category Y and Z

Chapter 7 requirements for intake and discharge of ballast water

Chapter 8 requirements for discharges

Chapter 9 Airing of cargo residues

Chapter 10 Exemption from tank cleaning

Chapter 11 the use of detergents and additives

Chapter 12 Penalty

Chapter 13 the promulgation of regulations

Chapter 14 entry into force

Annex 1

Annex 2

Annex 3 The full text of the ordonnance on categorization, classification, transport and discharge of liquid substances carried in bulk 1)

Under section 6, paragraph 2, § 7, § 14, § 17, § 58 (b), paragraphs 1 and 2, article 61, paragraph 1, and section 62 of the Act on the protection of the marine environment, see. lovbekendtgørelse nr. 47 of 7. January 2008, as amended by section 3 of Act No. 172 of 12. March 2008, sections 12 and 13, article 44, paragraphs 1 and 3, and section 45 of Decree No. 1035 of 22. October 2004 on the entry into force for Greenland of the Act on the protection of the marine environment, and taking into account the MARPOL annex II shall be fixed:

Chapter 1

The scope of the

§ 1. This notice shall apply to all ships flying the liquid substances in bulk, unless otherwise expressly specified.

(2). The notice shall not, however, apply to naval ships and other ships owned or operated by a State, as long as the ship is used exclusively in non-commercial public service regulation. § 2, paragraph 2.

(3). The discharge into the sea of clean or segregated ballast water is not subject to the requirements of this Ordinance.

Chapter 2

Definitions, etc.

§ 2. In this notice, the term:





1) MARPOL means the International Convention of 1973/78 for the prevention of pollution from ships, including protocols and subsequent amendments.

2) Ballast water:





a) Clean ballast: ballast water in a tank, as since it was last used for a load that contained a substance in category X, Y or Z, has been cleaned and emptied of the remains after such a treatment in accordance with the relevant provisions of this Ordinance.

b) Separated ballast: ballast water in a tank which is completely separated from the cargo and oil fuel system and which are used exclusively to carry out ballast water or other charges than oil, as defined in § 9, or noxious liquid substances as defined in point 1. 8.





3) Water depth: the depth specified on the bridge.

4) along the way: means that the ship is sailing on a course, which can include deviations from the shortest direct route, and that contribute to that any discharge spread across the widest possible sea area to the extent it is probably possible.

5) liquid substances: the substances having a vapour pressure not exceeding 280 kPa at a temperature of 37.8 ° C.

6) Manual: the manual of Procedures and arrangements which are in accordance with the Swedish Maritime Administration's administrative rules, see. Messages from the Danish maritime authority (B), technical regulation for ship building and equipment, etc., Chapter XXII; Control of noxious liquid substances in bulk, rule 14.

7) Near the coast: the expression "from nearest land ' means from the baseline from which the territorial waters are laid down in the relevant territory in accordance with international law, however, with the addition that the ' from nearest land ' off Australia's northeast coast means from a line drawn




from point 11 ° s parallel, 142 ° 08 ' e






to point 10 ° 35 ' South latitude, 141 ° 55 ' East longitude,






from there to the point 10 ° 00 ' South latitude, 142 ° 00 ' e,






thence to point 9 ° 10 ' South latitude, 143 ° 52 ' e,






thence to point 9 ° 00 ' South latitude, 144 ° 30 ' e,






from there to the point 10 ° 41 ' South latitude, 145 ° 00 ' e,






thence to point 13 ° 00 ' South latitude, 145 ° 00 ' e,






thence to point 15 ° 00 ' South latitude, 146 ° 00 ' e,






from there to the point of 17 ° 30 ' South latitude, 147 ° 00 ' e,






thence to point 21 ° 00 ' South latitude, 152 ° 55 ' East longitude,






thence to point 24 ° 30 ' South latitude, 154 ° 00 ' e,






thence to point 24 ° 42 ' South latitude, 153 ° 15 ' e






on the Australian coast.



8) noxious liquid substances: substances listed in pollution categories in chapter 17 or 18 of the IBC Code, or as pursuant to section 4 of this order are temporarily set to come under category X, Y or Z.

9) the IBC Code (International Bulk Chemical Code) means the international code for the construction and equipment of ships flying the noxious chemicals in bulk adopted by the IMO Marine Environment Protection Committee by Res. MEPC. 19 (22), as amended by IMO, provided that such amendments are adopted and brought into effect in accordance with the provisions of MARPOL article 16 concerning the amendment procedures applicable to the appendix to an annex to MARPOL. The definition also includes later additions to the IBC Code in the form of the lists of liquid substances optrykkes in IMO document MEPC Circular 2/annual. The latter document serves as a directory for liquid substances prior to the formal inclusion of the substance of the IBC Code. It comprises, among other things. of a list of liquid substances provisionally classified by a MARPOL Convention country, see. the procedure provided for in § 4.

10) ppm: ml/m3.

11): means any harmful Residues, liquid substance to be disposed of.

12) Residue/water mixture: a remnant, which for some reason is the added water (URf.eks. from tank cleaning or in ballast water).

13) Ship construction ("ship built"): a ship, where the keel is laid or where the vessel has obtained a corresponding build stadium. A ship converted into a chemical tanker, regardless of the date of construction is treated as a chemical tanker constructed on the date on which the conversion was started. By chemical tanker means a tanker that is constructed or adapted to carry liquid bulk cargoes with products listed in chapter 17 of the IBC Code. This provision concerning the conversion does not apply changes to a ship that meets both of the following conditions:





(a) the ship is built before) 1. July 1986, and

(b)) the ship is certified according to the BCH Code to only keep the products in the code are listed as substances with pollution danger alone. At BCH Code (Bulk Chemical Code) shall mean the code for the construction and equipment of ships flying the noxious chemicals in bulk.





14) A corresponding build stadium: the stadium, where a construction identifiable with a specific ship begins, and Assembly of that ship has commenced, and include at least 50 tonnes or 1 per cent of the estimated total hull weight, if this is less.

15) Setting substances: noxious liquid substances, as in cases where a substance has a melting point of less than 15 ° c, have a temperature of less than 5 ° c above the melting point of the substance at the time of unloading; or in cases where a substance has a melting point equal to or greater than 15 ° c, has a temperature less than 10 ° c above the melting point of the substance at the time of unloading.

16) non-setting compounds: noxious liquid substances which have not been off drugs.

17) High-viscose rayon fabrics: noxious liquid substances specified in category X or Y with a viscosity at or above 50 mPa. s at the unloading temperature.

18) low-viscous substances: noxious liquid substances, which are not high-viscose fabrics.

19) the Antarctic sea area: the sea area south of 60º South latitude.





Chapter 3

Categorization and classification of noxious liquid substances and other substances

§ 3. For the purposes of the provisions of this Ordinance shall be graded liquid substances into four categories:





1) Category x: noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a major hazard to either marine resources or human health and therefore would justify a prohibition of the discharge into the sea.

2) Category y: noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a hazard to either marine resources or human health or cause harm to amenities or be oceans of other legitimate uses of the sea and therefore justify a limitation of the method and the quantity of the discharge into the sea.


3) Category z: noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a minor hazard to either marine resources or human health and therefore justify some minor restrictions on method and quantity of the discharge into the sea.

4) Other substances: substances listed as US (Other Substances) in the column under the pollution categories in chapter 18 of the IBC Code, which is estimated to fall outside category X, Y or Z, because they are not at present considered to pose a risk to marine resources, human health, marine recreational values or to other legitimate uses of the sea If discharged into the sea from tank cleaning or deballasting operations.





§ 4. A liquid substance that are not covered by the IBC Code and later additions thereto, prior to transportation to or from the port is classified by the Danish urban and landscape Agency. Urban and landscape Agency, together with the concerned Governments in the Convention countries to MARPOL, as affected by the intended carriage, conduct, and agree on an interim assessment of the intended carriage on the basis of the guidelines in annex 1.

(2). In the absence of complete agreement between City and landscape Agency and the Governments concerned must not be transported substance.

(3). If urban and landscape Agency has taken the initiative of any agreement as referred to in paragraph 1, urban and landscape agency within 30 days after the agreement is entered into, notify the IMO secretariat with detailed information pertaining to the substance and the provisional assessment.

Chapter 4

General provisions for discharge and transport

§ 5. Liquid substances that have not been categorized, see. § 3, or temporarily assessed, see. section 4, or ballast water, tank washings or other mixtures containing such substances shall not be transported or discharged into the sea.

§ 6. The discharge into the sea of substances in category X, Y or Z or of substances provisionally assessed as such, such a category, or ballast water, tank washings or other mixtures containing such substances shall take place only if the discharge takes place in accordance with sections 10-13 of the basic regulation. However, sections 7-8.

§ 7. In Danish territorial waters must discharge of liquid substances carried in bulk, except water, does not take place, see. section 13 of the Act.

§ 8. In the Antarctic sea area must discharge of liquid substances or mixtures containing such substances, does not take place.

§ 9. Before tank cleaning-or the discharge procedure is carried out in accordance with this Ordinance, that tank be drained as much as possible in accordance with the procedure described in the manual, see. Messages from the Danish maritime authority (B), technical regulation for ship building and equipment, etc., Chapter XXII; Control of noxious liquid substances in bulk, rule 14.

Chapter 5

Discharges of substances in category X

§ 10. If a tank that has contained a category X substance has been unloaded, it must be cleaned before the ship leaves the port. The remains must be delivered to a reception facility until the concentration of the substance is down on or under 0.1 percent (by weight). When the required concentration level has been reached, to the remnants of tank skyllevandet discharged to reception facility until the tank is empty.

(2). Adequate descriptions of operations referred to in paragraph 1 shall be entered in the register and shall be endorsed by the cargo Inspector, see. Messages from the Danish maritime authority (B), technical regulation for ship building and equipment, etc., Chapter XXII; Control of noxious liquid substances in bulk, rule 16.

(3). Water, which subsequently is filled into the tank may be discharged into the sea in compliance with the requirements of section 13.

(4). It is practically impossible to measure the concentration of the substance in the effluent without causing the ship to be unduly delayed, urban and landscape agency can accept an alternative method to determine the concentration referred to in paragraph 1, provided that:





1) the tank is cleaned after one of the Danish maritime authority or from other authorities, including the EU institutions which are recognized by these authorities, or by other MARPOL Convention countries approved the procedure in accordance with annex 3 to this order, and

2) adequate records is introduced in the last journal and countersigned by an inspector, see. Messages from the Danish maritime authority (B), technical regulation for ship building and equipment, etc., Chapter XXII; Control of noxious liquid substances in bulk, rule 16.





Chapter 6

Discharges of substances in category Y and Z

§ 11. Depletion of residues of substances in category Y or Z, must be carried out in accordance with the requirements of section 13.

(2). If the unloading of substances in category Y or Z, not carried out in accordance with the manual, tank cleaning shall be carried out before the ship leaves port, unless carried out alternative measures which have been approved by an inspector, see. Messages from the Danish maritime authority (B), technical regulation for ship building and equipment, etc., Chapter XXII; Control of noxious liquid substances in bulk, rule 16, to remove the last remnants of the ship in a way that satisfies the provisions of this Ordinance. The resulting tank washings shall be delivered to a reception facility at the port or another port with a suitable reception facility, provided that it has been confirmed in writing that in the port concerned found a reception facility, and that it is fit for purpose.

(3). For high-viscose or setting substances of category Y applies the following:





1) to be used with a tank cleaning procedure as specified in annex 3 to this order.

2) Rest/water mixtures from tank cleaning to be discharged to a reception facility until the tank is empty.

3) Water, which is then filled into the tank, be discharged into the sea in compliance with the requirements of section 13.





Chapter 7

Requirements for intake and discharge of ballast water

§ 12. After unloading, if necessary after tank cleaning can a cargo tank shall be filled with ballast water. Requirements for discharges of ballast water are set out in section 13.

(2). Ballast water, which is packed in a cargo tank that has been cleaned to such an extent that the ballast water contains less than 1 ppm of the substance to which the tank has included, must be discharged into the sea without regard to the discharge rate, ship's speed or location of expiry, provided the ship is not less than 12 nautical miles from the nearest land and finds himself in a waters no less than 25 metres deep.

(3). The required purity, without prejudice. (2) is achieved when a tank cleaning, as specified in annex 3 to this order, has been carried out, and the idea has subsequently been washed with a complete workflow of tank cleaning, for ships built before 1. July 1994, see. § 2 (1) (8). 13, or with a water amount that is not less than the calculated when k = 1.0.

Chapter 8

Requirements for discharges

§ 13. When the following sections 10-12 are permitted to jettison the residual amounts of substances in category X, Y and Z, or of substances which have been provisionally assessed as such, such a category, or allowed to jettison ballast water, tank washings or other mixtures containing such substances is subject to the following conditions:





1) the ship shall make a speed of at least 7 knots speed along the way, if it is driven under its own power, or at least 4 knots, if it is not propelled by its own power,

2) the discharge is made below the waterline with a leak rate that does not exceed the permissible maximum speed intended for the drain, and

3) the discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.





(2). For ships constructed before 1 January 2007. January 2007, see. § 2 (1) (8). 13, is the discharge below the waterline, see. (1). 2, not required for residual amounts of substances in category X, Y and Z, or of substances which have been provisionally assessed as such, or required for ballast water, tank washings or other mixtures containing such substances.

Chapter 9

Ventilation of cargo residues

§ 14. Ventilation of cargo residues carried out by one of the Danish maritime authority or from other authorities, including the EU institutions which are recognized by these authorities, or by other MARPOL Convention countries approved approach may be used to remove cargo residues from a tank.

(2). With the procedure laid down in paragraph 1 shall be in accordance with Annex 2 to this order.

(3). Water subsequently introduced into the tank shall be regarded as clean and shall not be subject to the requirements relating to the discharge of this order.

Chapter 10

Exemption from tank cleaning

§ 15. At the request of the master can urban and landscape agency may exempt a ship from tank cleaning, provided that it is established:





1) that the unloaded tank genlastes with the same substance or another substance compatible with the former, and that the tank will not be cleaned or gets injected ballast prior to loading,

2) to the unloaded tank either cleaned or gets injected ballast at sea. Tank cleaning, as specified in this order, must be carried out in another port, provided that it has been confirmed in writing that in the port concerned found a reception facility, and that it is fit for purpose, or


3) that cargo residues are removed by a ventilation method approved by the Danish maritime authority or from other authorities, including the EU institutions which are recognized by these authorities, or by other MARPOL Convention countries in accordance with Annex 2 to this order.





Chapter 11

Use of detergents and additives

§ 16. When another agent than water, such as mineral oil or chlorine-containing solvent used to clean a tank, discharges take place in accordance with the provisions of this Ordinance or the provisions of the Ordinance relating to discharges of oil from ships, which would apply if this product had been carried as cargo.

(2). Tank cleaning procedures include the use of a product as referred to in paragraph 1 shall be indicated in the manual and be approved by the Danish maritime authority or from other authorities, including the EU institutions which are recognized by these authorities, or by other MARPOL Convention countries.

(3). When small amounts of detergent, add water to make tank cleaning easier, must not be used substances of category X, with the exception of the components which are quickly biodegradable, and present in a concentration that does not exceed 10 percent of the cleaning product. There are no additional restrictions in addition to those that apply to the previous cargo.

Chapter 12

Penalty

§ 17. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine, the





1) conducts discharges in violation of §§ 5-8, section 10, paragraph 3, article 11, paragraph 1, article 12, paragraph 2, section 13, paragraphs 1 and 2, or section 16, paragraph 1,

2) transporting liquid substance in contravention of section 4, paragraph 2, or section 5,

3) violates section 9, section 10, paragraphs 1 and 2, article 11, paragraphs 2 and 3, or section 16 (2) and (3)

4) in contravention of section 14 (2), using a method of aeration of cargo residues that are not in accordance with Annex 2 to the Ordinance, or

5) not to comply with the terms of an exemption pursuant to section 15.





(2). The penalty can rise to imprisonment for up to 2 years if the infringement was committed intentionally or through gross negligence, and if the infringement is





1) caused damage to the environment or caused danger for this or

2) achieved or intended an economic advantage for the person himself or others, including savings.





(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

(4). Paragraphs 2 and 6 shall not apply to offences committed by foreign vessels, unless the offence is committed in internal territorial waters. For infringements committed by foreign vessels in the outer territorial waters may increase to prison in punishment up to 2 years, in the case of wilful and serious pollution of the marine environment.

(5). Unless a higher penalty is inflicted upon the rest of the legislation, be sentenced with fines after kriminallov of Greenland, in the Greenland is in breach of the provisions referred to in paragraph 1.

(6). Violation in Greenland referred to in paragraph 1, the provisions may result in the imposition of measures after kriminallov for Greenland, if the infringement was committed intentionally or through gross negligence, and if the infringement is





1) caused damage to the environment or caused danger for this or

2) achieved or intended an economic advantage for the person himself or others, including savings.





(7). In Greenland can there for offences by public limited liability companies, co-operatives, limited liability companies or the like, such a fine is imposed on the company as a liability after kriminallov for Greenland.

(8). Is the infringement committed by the Greenland Home rule, a municipality, a municipal community covered by § 64 in landstingslov on municipal councils and bygderåd, etc. may be subject to home rule, the municipality or the municipal community responsibility after kriminallov fine for Greenland.

Chapter 13

Promulgation of regulations

§ 18. IBC Code with later additions, MEPC. 2/Circular, BCH Code, MEPC/Circ. 265 as amended and Thoughts Safety Guide (Chemicals) from the International Chamber of Shipping imported not official Gazette. Information about requirements can be obtained for review in urban and landscape Agency.

Chapter 14

Date of entry into force of

§ 19. This Ordinance shall enter into force on the 1. May 2008.

(2). Executive Order No. 166 of 1. April 1987 on the classification and categorization as well as discharges of liquid substances carried in bulk shall be repealed.

(3). The Minister shall determine the time of entry into force for Greenland of the Executive order. Executive Order No. 166 of 1. April 1987 on the classification and categorization as well as discharges of liquid substances carried in bulk, which is put into force for Greenland by Decree No. 1012 of 14. December 1994 on the entry into force for Greenland of the law on the protection of the marine environment, shall remain in force for Greenland until the Minister puts this Ordinance into force for Greenland.
The Ministry of the environment, the 18. April 2008 Troels Lund Poulsen/David Pilsgaard Annex 1

GUIDELINES FOR CATEGORIZATION OF NOXIOUS LIQUID SUBSTANCES

Products are attached to a pollution category on the basis of an assessment of their properties, as reflected in the resulting GESAMP hazard profile, as shown in the table below:









Rule





A1

Bio ak ku mu la tion





A2

Bio down break ning





B1

Acute toxicity





B2

Chronic toxicity





D3

Long-term effects on health





E2

Effects on wild marine life and on Habitat for benthic fauna





Cat.







1



 

 




> 5



 

 

 

 





2






> 4



 



4



 

 

 

 





3



 



NR





4



 

 

 

 





4






> 4





NR



 

 



CMRTNI



 



X







5



 

 



4



 

 

 

 





6



 

 



3



 

 

 

 





7



 

 



2



 

 

 

 





8






> 4





NR



 



Not 0



 

 



Y







9



 

 

 




> 1



 

 

 



 

 

 

 

 

 



FP, F or S



 





10



 

 

 

 

 



If not



 



 

 

 

 

 

 



inorganic



 





11



 

 

 

 



CMRTNI



 

 





12





All products that do not meet the criteria for rule 1 to 11 and 13





Z







13





All products identified as: 1-1-2-10-1000





> 1





 

 




 

 





> 100-0.1-10-0.01-3-100-4-500-5






> 4000











Nr: low biodegradability











> 1-0.001-0.1-20





not annoying





not annoying







1





> 300-1000-10-50-200-2-5-50-


0.5-