Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2007-9 of 4 January 2007 authorizing accession to the International Convention on the Control of Harmful Anti-fouling Systems on Ships (all four annexes and two appendices), adopted in London on 5 October 2001;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 82-725 of 10 August 1982 Publication of the International Convention on the Measurement of Ships of 23 June 1969;
Vu le Decree No. 2001-73 of 24 January 2001 issued in London on 11 November 1988, signed by France on 23 January 1990,
Decrete:
The International Convention on the Control of Harmful Anti-fouling Systems on Ships (all four annexes and two appendices), adopted in London on 5 October 2001, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
2001 INTERNATIONAL CONVENTION
SUR LE CONTRÔLE DES SYSTÈMES ANTISALISSURE NUISIBLES SUR LES NAVIRES (ENSEMBLE QUATRE ANNEXES ET DEUX APPENDICES)
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 in chapter 17 of Agenda 21 adopted by the 1992 United Nations Conference on Environment and Development, States are requested 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 the 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 harmful aquatic organisms 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,
agreed that:
Article 1
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. The 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 Organization's Marine Environment Protection Committee;
4. "Gift gauge" means the gross gauge calculated in accordance with the gauge rules set out in Annex I to the 1969 International Convention on the Measurement of Ships, or in any subsequent agreement;
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. " Navire" 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, 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 examine the technical merits of a detailed proposal.
Article 3
Implementation
1. Except as otherwise expressly provided in this Convention, this Convention shall apply:
(a) To vessels authorized to defeat the flag of a Party;
(b) Ships that are not allowed to defeat the flag of a Party but are operated under the authority of a Party; and
(c) To vessels entering a port, shipyard or terminal off a Party but not referred to in subparagraphs (a) or (b).
2. This Convention shall not apply to war vessels or auxiliary war vessels or to other vessels belonging to a Party or operated by a Party as long as it uses them exclusively for governmental and non-commercial purposes. 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 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 Annex I, each Party shall prohibit and/or limit:
(a) The application, re-application, installation or use of harmful anti-fouling systems on vessels referred to in paragraph 1 (a) or (b); and
(b) The application, re-application, installation or use of such systems on vessels referred to in paragraph 1 (c) of Article 3 when located in a port, shipyard or terminal off a Party,
and takes effective measures to ensure that these vessels meet these requirements.
2. Vessels with an anti-fouling system that is subject to control resulting from an amendment to Schedule I after the entry into force of this Convention may retain this system until the date for its replacement, but this period should not, in any case, exceed sixty months after the application of the system, unless the Committee decides that there are exceptional circumstances that justify applying the control measure earlier.
Article 5
Control measures
wastes listed in Appendix I
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 referred to in Annex I be collected, handled, treated and evacuated using safe and environmentally sound methods to protect human health and the environment.
Article 6
Procedure for proposing amendments
control measures of anti-fouling systems
1. Any Party may propose an amendment to Annex I in accordance with this Article.
2. An initial proposal must contain the information prescribed in Appendix II 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 it to them.
3. The Committee decided whether the anti-fouling system in question required further consideration on the basis of the initial proposal. If the Committee decides that a further review is warranted, it requests the Party whose proposal emanates to submit a detailed proposal containing the information prescribed in Annex III, 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 lack of scientific certainty should not be invoked to prevent the evaluation of the proposal. The Committee constitutes a technical group in accordance with Article 7.
4. The technical group reviews 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 has demonstrated that there could be an excessive risk of adverse effects on non-target organisms or on human health that justifies an amendment to Annex I. In this regard:
(a) The technical group review 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 by controlled studies, based on the data described in Appendix III and any other relevant data identified;
(ii) assess the potential risk reduction due to proposed control measures and any other control measures that the technical group may consider;
(iii) discuss available information on the technical feasibility of control measures and the cost-effectiveness of the proposal;
(iv) discuss 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. the effects on the workers of these yards);
- the cost for international shipping and other interested sectors; and
(v) discuss other appropriate technologies that may be available, including potential risks associated with such other technologies;
(b) The report of the technical group is submitted in writing and takes into account each of the evaluations and discussions referred to in paragraph (a); the technical group may, however, decide not to conduct the evaluations and discussions described in subparagraphs (a.ii to (a.v) if it considers, at the end of the assessment described in paragraph (a.i), that the proposal does not merit further consideration;
(c) The report of the technical group includes, inter alia, a recommendation indicating whether the international controls under this Convention are justified for the anti-fouling system in question, whether the specific control measures proposed 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 Parties, 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 before its consideration by the Committee. The Committee decides whether a proposal for an amendment to Schedule I or an amendment to such a proposal should be approved, as appropriate, taking into account the report of the technical group. If the report indicates a risk of serious or irreversible damage, the lack of scientific certainty must not, by itself, be invoked to prevent the inclusion of an anti-fouling system in Appendix I. Proposals for amendments to Schedule l, if approved by the Committee, shall be circulated in accordance with paragraph 2 (a) of Article 16. 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 the decision-making of the Committee 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 take advantage of 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 endeavours to obtain unanimity from the representatives of the Parties. If this is impossible, 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) Effects observed in monitoring and evaluation programs for 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, prohibited or restricted anti-fouling system under its domestic legislation.
2. The Organization shall, by any appropriate means, disseminate the information provided to it under paragraph 1.
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 Annex III, 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 Schedule IV.
Article 11
Inspection of ships and search for offences
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 this system, taking into account the guidance developed by the Organization (1). 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 guidance prepared by the Organization (1).
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 that takes such measures against a ship because it believes that it does not meet this Convention shall immediately inform the Authority of the ship concerned.
4. The Parties shall cooperate in the search for offences and the implementation of this Convention. A Party may also inspect a vessel that has a stopover in a port, shipyard or offshore terminal under its jurisdiction where another Party requests it to conduct an investigation and provides sufficient evidence that the vessel is operated or has been operated in contravention of this Convention. This investigation shall be reported 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
Offences
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 an offence, it conducts an investigation and may request that the Party inform it provide additional evidence of the alleged offence. If the Administration is satisfied that there is sufficient evidence to allow it to prosecute the alleged offence, it shall initiate such proceedings as soon as possible in accordance with its legislation. The Administration shall promptly inform the Party that has reported the alleged offence, as well as the Organization, of the measures taken. If the Authority has not taken action within one year of receipt of the information, it shall inform the Party that has reported the alleged offence.
2. Any violation of this Convention in the jurisdiction of a Party shall be prohibited and punished by the legislation of that Party. Each time such an offence occurs, the Party shall:
(a) Be prosecuted in accordance with its legislation;
(b) Provide the Authority to which the affected vessel is responsible for the information and evidence that may be in its possession to demonstrate 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
Undue or retained vessels
1. It should be avoided, to the extent possible, that the measures taken under sections 11 or 12 do not hold or unduly delay the vessel.
2. A vessel that has been unduly retained or delayed under sections 11 or 12 is entitled to compensation for losses 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 to Schedule I, the amendment shall be treated in accordance with Article 6 before being considered 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) 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 in accordance with 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 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 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 Schedule I shall enter into force for all Parties six months after the date on which it is deemed to have been accepted, with the exception of any Party that has:
1. Noted its objection to the amendment in accordance with paragraph (e.ii) and did not withdraw that objection;
2. Noted to the Secretary-General, prior to the entry into force of this amendment, that the amendment will 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 this Convention, indicating that the amendments to Schedule I will enter into force for it only after notification to the Secretary-General of its acceptance in respect of these amendments;
(iii) an amendment to an Annex other than Schedule I shall enter into force for all Parties six months after the date on which it is deemed to have been accepted, except for 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 paragraph (f.ii 1 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 paragraph (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 deemed not to be a Party for the sole purpose of applying that amendment.
5. The addition of a new annex is proposed, 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 the headquarters of the Organization from 1 February 2002 to 31 December 2002 and shall then be open to accession.
2. States may become Parties to this Convention by:
(a) Unreserved signature on 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 of ratification, acceptance, approval or accession, declare that this Convention applies to all of its 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 at least 25% 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) Informs 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, as well as 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, the text shall be forwarded 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.
A N N E X E I
CONTROL MEASURES OF THE ANTITLEMENTS
| Organotin compounds acting as biocides in anti-fouling systems. | Ships shall not apply or reappli these compounds. | All ships. | 1 January 2003. |
| Organotin compounds acting as biocides in anti-fouling systems. | Either: 1. These compounds shall not be present on the shell or on the outer parts or surfaces of the vessels; 2. Ships must be coated with a coating that forms a barrier preventing these compounds from escaping from non-compliant underlying anti-fouling systems. | All vessels (with the exception of fixed and floating platforms, FSUs and FPSOs that were built before January 1, 2003 and that were not placed in dry hold on or after January 1, 2003. | January 1, 2008. |
A N N E X E I
IMPLEMENTATION IN A 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, Chemical Abstract Services Registry Number (CAS number), or system components suspected to cause adverse effects of concern;
(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., on persistence in the water column, sediment 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 link 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 the 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.
A N N E X E I I
INCLUDING EQUIPMENTS IN A DRAFT PROPOSAL
1. A detailed proposal must include adequate documentation containing the following:
(a) The 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 appropriate, 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 maritime traffic information 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 were determined experimentally, as well as identification or description of the modeling method;
(f) An assessment of the link 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
(i) A summary of the results of the studies available on the potential effects of the recommended control measures, taking into account the quality of the air, the conditions in shipyards, international shipping and other interested sectors, as well as the appropriate alternatives that might 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);
- potential for oxidation/reduction;
molecular mass;
- molecular structure; and
other physical and chemical properties identified in the original proposal.
3. For the purposes of paragraph 1 (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 fish/ tissue analysis; and
- residues in marine foods.
This data must be for 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 peer review.
A N N E X E I V
PRESCRIPTIONS FOR VISITES AND DISLIANCE OF CERTIFICATS FOR ANTI-SELF-SYSTÈMES
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 certificate of the anti-fouling system (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. In the case of vessels not subject to the provisions of paragraph 1 of this Rule, the Administration shall determine the appropriate measures to be taken to ensure that it is satisfied with this Convention.
4. (a) With respect 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 for visits prepared by the Organization (1). As an alternative, the Administration may entrust the visits prescribed by this Convention either to inspectors designated for that purpose or to organizations recognized by it;
(b) An Administration that designates recognized inspectors or organizations (2) 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 Annex I; and
(ii) conduct visits if requested by the competent authorities of a port State which 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 grant to the Administration, inspector or agency in question all necessary assistance to enable it to fulfil its obligations under this rule, including taking the measures described in Articles 11 or 12.
RULE 2
Issuance of an international certificate
anti-fouling system or 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. In the case of vessels with an anti-fouling system subject to a control measure under Schedule I, 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 effective date of the control measure. This paragraph does not affect a vessel's obligation to comply with Schedule I.
4. The certificate shall follow the model in Appendix 1 to this Appendix and be prepared at least in English, French or Spanish. 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; 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 ceases to be valid in one 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 pavilion 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 visiting 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 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 applies (excluding fixed or floating platforms, FSUs and FPSOs) is provided with a declaration signed by the owner or 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 follow the model in Appendix 2 to this annex and be prepared at least in English, French or Spanish. 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.
Appendix 1 of ANNEX IV
MODEL BY THE INTERNATIONAL CERTIFICATE
ANTISALISSURE SYSTEM
International Certificate of Anti-fouling System
(This Certificate must be completed)
by an anti-fouling system sheet)
(State)
Issued under the International Convention on the Control of Harmful Anti-fouling Systems on Ships under Government Authority:
par
(State name)
(authorized person or agency)
When a certificate has been issued previously, this certificate replaces the certificate issued
Ship Characteristics (1)
Name of ship
Distinct number or letters
Port of registration
Gross
IMO Number (2)
An anti-fouling system subject to a control measure under Schedule I was not applied during or after the vessel was built
An anti-fouling system subject to a control measure under Schedule I was previously applied to the vessel, but was removed by
(name of installation)
the
(date)
An anti-fouling system subject to a control measure under Schedule I was previously applied to the vessel, but was covered with an insulating layer applied by the vessel.
(name of installation)
the
(date)
An anti-fouling system subject to a control measure under Schedule I was applied to the front vessel
(date) (3)
but must be removed or covered with an insulating layer before the
(date) (4)
It is certified:
1. That the vessel was subjected to a visit in accordance with Rule 1 of Annex IV to the Convention; and
2. As a result of this visit, it was found that the anti-fouling system used on the vessel met the applicable requirements of Annex I to the Convention.
Delivered to
( place of issue of the certificate)
The
(Date of issue)
(Signature of authorized officer
issuing the certificate)
Completion date of the visit following which this certificate is issued:
MODEL OF THE ANTISALIZED SYSTEMS
Anti-fouling system sheet
(This sheet must be permanently attached
International Anti-fouling System Certificate)
Characteristics of the vessel:
Ship name:
Distinguishing number or letters:
IMO number:
Details of applied anti-fouling systems or systems
Type(s) of anti-fouling systems used
Application date(s) of the anti-fouling system(s)
Name(s) of the company(s) and facility(s) where the application was made
Name(s) of manufacturer(s) of anti-fouling systems
Name(s) and color(s) of anti-fouling systems
Ingredient(s) and their Chemical Abstract Services Registry Number(s) (CAS number(s))
Type(s) of insulating layer, if applicable
Name(s) and colour(s) of the applied insulation layer, if applicable
Date of application of insulating layer
It is certified that this form is correct in all respects.
Delivered to
(Location of the file)
The
(Date of issue)
(Signature of authorized officer
issuing the file)
Visa de la fiche (1)
It is certified that, at a prescribed visit in accordance with paragraph 1 (b) of Rule 1 of Annex V to the Convention, it was found that the vessel met the Convention.
Details of the anti-fouling system(s):
Type(s) of anti-fouling systems used
Application date(s) of the anti-fouling system(s)
Name(s) of the company(s) and facility(s) where the application was made
Name(s) of the manufacturer(s) of the anti-fouling system
Name(s) and color(s) of anti-fouling systems
Ingredient(s) and their Chemical Abstract Services Registry Number(s) (CAS number(s))
Type(s) of insulating layer, if applicable
Name(s) and colour(s) of the applied insulation layer, if applicable
Date of application of insulating layer
Signed:
(Signature of authorized officer
issuing the file)
Location:
Date (2):
(Cachet or
authority stamp)
Appendix 2 of ANNEX IV
MODEL DECLARATION
ANTISALISSURE SYSTEM
Declaration on the anti-fouling system
Abstract under the International Convention on the Control of Harmful Anti-fouling Systems on Ships
Name of ship
Distinct number or letters
Port of registration
Length
Gross
IMO Number (if applicable)
I declare that the anti-fouling system used on the vessel meets Annex I to the Convention.
(Date)
(Signature of the owner
or its authorized officer)
Implemented anti-fouling system(s)
Type(s) of anti-fouling systems used and application date(s)
(Date)
(Signature of the owner
or its authorized officer)
Type(s) of anti-fouling systems used and application date(s)
(Date)
(Signature of the owner
or its authorized officer)
Type(s) of anti-fouling systems used and application date(s)
(Date)
(Signature of the owner
or its authorized officer)
Done in Paris, November 3, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
