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Decision to prevent pollution from ships

Original Language Title: Besluit voorkoming verontreiniging door schepen

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Decision of 11 December 2006 laying down rules for the prevention of pollution from ships (Decision on the prevention of pollution by ships)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

On the nomination of Our Minister of Transport and Water State of 23 August 2006, no. HDJZ/SCH/2006-1285, Head of the Legal Affairs Department, acting on behalf of the Secretary of State for Housing, Spatial Planning and the Environment;

Having regard to the International Convention for the Prevention of Pollution from Ships, adopted in London on 2 November 1973 (Trb. (iii) the Protocol to that Treaty, established in London on 17 February 1978 (Trb. 1975, 1978, 188), to Annex IV of the Protocol on the protection of the environment, established in Madrid on 4 October 1991, to the Antarctic Treaty (Trb. 1992, 110), the International Convention on the Restriction of Harmful Fouling on Ships (Trb), adopted in London on 5 October 2001. 2004, 44), Directive No 2000 /59/EC from the European Parliament and the Council of the European Union of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (PbEG L 332), Directive No 2005 /33/EC of the European Parliament and the Council of the European Union of 6 July 2005 amending Directive 1999 /32/EC as regards the sulphur content of marine fuels (PbEU L 191), and Articles 1 , 2 , 4 , 5 , 6 , 7 , 8 , 8a , 9 , 10 , 11 , 12c , 12th , 21 , 23 , and 38 of the Law Prevention of Pollution from Ships ;

The Council of State heard (opinion of 12 October 2006, No W09.06.0362/V);

Having regard to the further report of our Minister of Transport and Water State of 5 December 2006, No HDJZ/SCH/2006-1806, Head of Legal Affairs, released on behalf of the Secretary of State for Housing, Spatial Planning and the Environment;

Have found good and understand:

Chapter 1. Introductory provisions

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Article 1. Conceptual provisions

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  • 1 In this Decision and the provisions based thereon, the following definitions shall apply:

    • a. Act: Law to prevent pollution from ships ;

    • b. 'oil tanker' means an oil tanker referred to in Regulation 1 of Annex I to the Treaty;

    • (c) passenger ship: ship referred to in Regulation 1 of Annex IV to the Treaty.

    • d. harmful fluid: a harmful liquid as referred to in Regulation 1 of Annex II to the Treaty;

    • e. harmful substances in packaged form: harmful substances referred to in Regulation 1 of Annex III to the Treaty, in a packaged form as provided for in that regulation, with the exception of harmful substances in packaged form, intended for own use ship's use or part of its own ship equipment;

    • f. 'sanitary waste' means sanitary waste referred to in Regulation 1 of Annex IV to the Treaty, with the exception of rinsing water from premises where pets are located;

    • g. Antarctic: area south of 60 ° south latitude;

    • Emissions: emissions referred to in Regulation 2 of Annex VI to the Treaty;

    • i. GT: the unit of measure of gross tonnage in which the total contents of a vessel, determined in accordance with the Treaty on Tonnage Measurement of Ships, established in London on 23 June 1969 (Trb. 1970, 122), shall be expressed;

    • j. length: the length of a ship determined in accordance with the Convention, as defined in subparagraph (h);

    • k. international travel: a journey between two different countries, where an area for whose external relations an external government is situated outside that territory, or whose United Nations is the governing body, including as a to be considered a separate country;

    • -AFS-Treaty: the International Convention on the Restriction of Harmful Fouling on Ships (Trb), adopted in London on 5 October 2001. 2004, 44);

    • m. IMO: the International Maritime Organisation of the United Nations;

    • n. Mariene Environment Committee: the same name of the IMO Committee;

    • o. BCH-Code: the Code adopted by Resolution MEPC.20 (22) of the Mariene Environment Committee for the construction and equipment of ships carrying dangerous chemicals in bulk ( Bulk Chemical Code );

    • p. IBC-Code: the International Code for the Construction and Equipment of Ships carrying dangerous chemicals in bulk (s), adopted by Resolution MEPC.19 (22) of the Marine Environment Committee ( International Bulk Chemical Code );

    • q. NOx Code: the Technical Code on Control of Emission Of Nitrogen Oxides by Ship Diesel Engines ( Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines (Trb. 2005, 30), adopted as an annex to Resolution 2 of the 1997 Protocol amending the Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978, and Annex (Trb. 1999, 169).

  • 2 For the purposes of the Treaties and Codes applicable pursuant to this Decision, and the provisions based thereon, unless otherwise determined by or under this Decision, " Administration shall be our Minister.

  • 3 For the purposes of this Decision, an international trip shall be deemed to be a transatlantic trip between the countries of the Kingdom or parts thereof.

  • 4 It may be stipulated that, for the purposes of applying this Decision, travel between the countries of the Kingdom or parts of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Netherlands with an international trip shall be the same.


Article 1a. Application Bonaire, Sint Eustatius and Saba

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Article 2. Designation of harmful substances

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As harmful substances as intended Article 1 (h) of the Act shall be designated:

  • (a) oil and oil and oil mixtures as provided for in Regulation 1 of Annex I to the Treaty;

  • b. harmful liquids, including residues thereof, or ballast water, wash water of tanks or other mixtures containing such substances;

  • c. liquids which have not been categorised, either provisionally classified or evaluated on the basis of Annex II, or ballast water, wash water of tanks or other mixtures containing such residues;

  • d. harmful substances in packaged form;

  • e. sanitary waste;

  • f. Rubbish referred to in Regulation 1 of Annex V to the Treaty.


Article 3. Convention Prompt

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As another treaty as intended in the Articles 8, first and third paragraphs , 8a , 21 and 23 of the Act shall be designated the AFS Convention.


Article 4. Date of construction of a ship

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  • 1 The date of construction of a ship shall be deemed to be the day on which the keel of the ship is laid, or the day on which the date on which it is determined in accordance with the Treaties or Codes applicable under this Decision, shall be deemed to be the day on which the ship's keel was laid down. Similar construction stage keel-laying has been reached.

  • 2 By way of derogation from paragraph 1, the date of commencement of the ship's conversion shall be deemed to be the date of construction of a ship which has undergone a conversion to another type of ship distinguished under this Decision, unless otherwise provided for in the Treaties or Codes applicable under this Decision.

  • 3 The rules of our Minister may lay down detailed rules on the date of construction or conversion of ships as a building date. Those rules may also cover the date of completion of a vessel or the completion of a certain construction phase as the date of construction of a ship, if a ship is to be completed or the completion of a certain construction phase.

Chapter 2. Requirements for ships

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Article 5. Requirements for ships under the MARPOL Convention

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  • 1 Each vessel shall comply with the requirements of Annex I of the Treaty applicable to that ship.

  • 2 A ship intended or used for the transport of harmful liquids in bulk shall comply with the requirements of Annex II to the Convention applicable to that ship.

  • 3 The second paragraph shall apply mutatis mutandis to the vessels referred to in that paragraph:

    • a. for which a certificate referred to in Article 12, second paragraph , is required, or

    • b. who make no travel to ports absent from port within the jurisdiction of other Contracting Parties to the Convention.

  • 4 Any ship of 400 GT or more that makes international travel and any ship of less than 400 GT making international voyages and is entitled to carry more than 15 persons shall comply with the requirements of Annex IV applicable to that ship of the Treaty, except that in respect of a passenger ship in the special areas referred to in Regulation 1 of that Annex, Regulation 9.1 of that Annex applies and Regulation 9.2 of that Annex applies to: input from the time, intended in Article 29 (4) .

  • 5 Any vessel shall comply with the requirements of Chapter 3 of Annex VI to the Convention.

  • 6 A ship with one or more diesel engines subject to Regulation 13 of Annex VI to the Treaty shall also meet the requirements of the NOx Code in respect of such engines. Compliance with those requirements shall be apparent from the engines for which a pre-certification examination is required under the Nox Code, from an International Certificate of Prevention of the engine issued in accordance with the NOx Code. air pollution from engines of that Code.

  • 7 Any ship of 400 GT or more shall comply with the requirements of Chapter 4 of Annex VI to the Treaty applicable to that ship.


Article 6. Requirements for ships based on the Antarctic Treaty

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One or more collectors ' tanks are present on board of any ship in the Antarctic with sufficient capacity to store sanitary waste.


Article 7. Requirements for ships pursuant to the AFS Convention

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  • 1 Each vessel shall comply with the requirements of Annex 1 of the AFS Convention applicable to that ship.

  • 2 Each ship with a length of 24 metres or more, but of less than 400 GT, making international travel, shall bear a declaration signed by the owner or its competent agent as referred to in Regulation 5 of Annex 4 of the AFS Convention, which complies with the requirements laid down in that Regulation.

  • The second paragraph shall not apply to floating platforms, floating storage units and floating production, storage, storage and storage units.


Article 7a. Requirements for ships under the Balload Water Convention [ Treein effect at a time to be defined]

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This part has not (yet) entered into force; see the summary of changes


Article 8. Further requirements

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  • 1 By arrangement of Our Minister, requirements may be laid to which ships in connection with a Article 15 requires a certificate to be compliant.

  • 2 By arrangement of Our Minister, additional requirements may be established for ships as well as detailed rules regarding the in Articles 5 to 7 Those requirements.


Article 9. Equivalent provisions

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In accordance with the relevant Treaty or the relevant Code, our Minister may grant a derogation from the Commission in the Article 5 of the said requirements and the Article 31, first and second paragraphs , the said requirements and requirements under which the acts referred to in those paragraphs may be carried out, if on board the ship a facility which, in its opinion, is at least equivalent to that laid down in the regulation, may be carried out. of which is deviated, appropriate facility.


Article 10. Exemptions

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From a waiver referred to in Article 35, second paragraph, of the Act from the in Articles 5 and 6 of the said requirements, if granted for a ship to which a certificate is issued as intended by Article 12 , an annotation was made on the certificate.


Article 11. Authorisation of equipment

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Rules governing the conditions for the admission of equipment on board ships, the use of such equipment and the documents of which it is accompanied by certain cases may be laid down by our Minister.

Chapter 3. Certificates and surveys

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§ 1. Certificates

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Article 12. Certificates under the MARPOL Convention

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  • 1 For an oil tanker of 150 GT, or more or one ship, no oil tanker, 400 GT or more, of which after examination it has been shown to comply with the requirements specified in Article 5, first paragraph , and the requirements related to that article, referred to in Article 8, second paragraph , an International Oil Pollution Prevention Certificate provided for in Regulation 7 of Annex I of the Treaty shall be issued.

  • 2. For a ship intended or used for transporting harmful liquids in bulk, which has been found to meet the requirements, after examination, Article 5, second paragraph , and the requirements related to that article, referred to in Article 8, second paragraph , according to the category of vessel to which the ship belongs, one of the following certificates shall be issued:

    • a. For chemical tankers built on or after 1 July 1986: a certificate of suitability for the transport of dangerous chemicals in bulk, belonging to the IBC Code;

    • b. For chemical tankers built before 1 July 1986: a certificate of suitability for the transport of dangerous chemicals in bulk, belonging to the BCH Code;

    • c. for ships transporting harmful liquids in bulk and not belonging to the categories mentioned in parts a and b: an International Certificate of Pollution Prevention for the Transport of Harmful Liquids in Bulk As referred to in Regulation 9 of Annex II to the Treaty.

  • 3 For ships referred to in Article 5 (4) , which has been found to comply with the requirements specified in the Article 5 (4) , and the requirements related to that article, referred to in Article 8, second paragraph , an International Certificate of Prevention of Pollution from Sanitary Ware as referred to in Regulation 5 of Annex IV of the Treaty shall be issued.

  • 4 For a ship of 400 GT or more of which after examination it has been found to comply with the requirements specified in Article 5, fifth and sixth paragraphs , and the requirements related to that article, referred to in Article 8, second paragraph , an International Certificate on the Prevention of Air Pollution as referred to in Regulation 6.1 of Annex VI of the Treaty shall be issued.

  • 5 For ships with one or more diesel engines to which Regulation 13 of Annex VI to the Treaty applies, an International Certificate for the Prevention of Air Pollution shall be issued for each of those engines in accordance with the NOx Code. issued by engines, belonging to that Code.

  • 6 For a ship of 400 GT or more of which after examination it has been found to comply with the requirements specified in Article 5, seventh paragraph , and the requirements related to that article, referred to in Article 8, second paragraph , an International Certificate on Energy Efficiency, as referred to in Regulation 6.4 of Annex VI of the Treaty, shall be issued.


Article 13. Certificates under the AFS Treaty

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  • 1 For a ship of 400 GT or more of which after examination it has been found to comply with the requirements specified in Article 7 and the requirements related to that article referred to in Article 8, second paragraph , an International Certificate on the Fouling Paint System as referred to in Regulation 1.1. of Annex 4 to the AFS Convention shall be issued.

  • 2 The first paragraph shall not apply to floating platforms, floating storage units and floating production, storage, storage units and transhipment.


Article 13a. Certificates under the Balload Water Convention [ Treein effect at a time to be determined]

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This part has not (yet) entered into force; see the summary of changes


Article 14. Reports associated with certificates, Appendices, etc.

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The Articles 12 and 13 shall be accompanied by the reports, appendices and statements accompanying those certificates, together with the ship or load data required by the relevant Conventions or Codes.


Article 15. Other certificates and declarations

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  • 1 By way of a regulation of our Minister, it may be stipulated that, in respect of certain ships, of which investigations have shown that they comply with the requirements applicable to such ships; Article 8, first paragraph , a special certificate is issued.

  • 2 By arrangement of our Minister, it may be stipulated that for certain ships on which the Articles 12 and 13 does not apply, where after examination it has been found that they meet the requirements applicable to those ships, as specified in the Articles 5 to 7 and the requirements related to those articles, referred to in Article 8 , at the request of the shipower, a certificate may be issued.


§ 2. Investigating

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Article 16. Investigations in relation to MARPOL certificates

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  • 1 ships are to be used for the purpose of obtaining Article 12, first to fourth and sixth paragraphs The said certificate and during the period of validity of that certificate shall be subject to the following investigations set out in the Treaty:

    • a. in relation to the International Oil Pollution Prevention Certificate: the investigations prescribed in Annex I to the Treaty;

    • b. In connection with a certificate as intended Article 12, second paragraph -the tests prescribed in Annex II to the Treaty;

    • c. in relation to the International Certificate of Prevention of Pollution from Sanitary Wastes: the investigations provided for in Annex IV to the Treaty;

    • d. in relation to the International Certificate for the Prevention of Air Pollution: the investigations prescribed in Regulation 5.1 of Annex VI to the Treaty;

    • e. in relation to the International Energy Efficiency Certificate: the investigations prescribed in Regulation 5.4 of Annex VI to the Treaty.

  • 2 In order to obtain an International Certificate for the Prevention of Air Pollution by Engines and during the period of validity of that certificate, the engine to which the certificate relates shall be subject to the NOx Code prescribed examinations.


Article 17. Investigations related to the AFS certificate

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In order to obtain an International Certificate on the Fouling and Fouling system, and during the period of validity of that certificate, a ship shall be subject to the investigations set out in Annex 4 to the AFS Convention.


Article 17a. Investigations in relation to the Balload Water Management Certificate [ Treein effect at a time to be determined]

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This part has not (yet) entered into force; see the summary of changes


Article 18. Timing of examination

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The Articles 16 and 17 the studies referred to in the relevant Conventions and Codes shall be carried out at the times specified in the relevant Conventions and Codes, it being understood that the re-examination to which a ship is subject in connection with the renewal of a certificate shall always take place. shall take place during the last three months of the period of validity of the relevant certificate.


Article 19. Note of surveys

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Of the investigations involving a ship under the Articles 16 and 17 during the period of validity of a certificate, the person who carried out the examination shall be subject to endorsement of the certificate.


Article 20. Other investigations

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  • 1 By arrangement of Our Minister, rules may be laid down concerning:

    • a. the investigations to which ships in connection with a certificate as referred to in Article 15, first paragraph , are subjected;

    • b. the investigations to which ships are subject to which the Articles 12 and 13 Do not apply.

  • 2 The rules of our Minister may lay down detailed rules on the investigations to be carried out by ships for the purpose of obtaining the certificates provided for in the Articles 16 and 17 , and shall be subject to it during its period of validity.


Article 21. Jurisdiction of natural or legal persons designated

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One due to Article 8, third paragraph, of the Act , is a natural or legal person designated, if in the case of an investigation as intended in the Articles 16 and 17 shortcomings in the ship or equipment are found to be competent to recover from these defects.


Article 22. Continuation of the post-investigation

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After examination as required by or pursuant to this Decision, with the exception of the investigation, Article 17 , has been completed, the condition of the ship and its equipment shall be maintained in accordance with the rules laid down in or pursuant to this Decision. In this situation no change shall be made without the prior consent of Our Minister or from the following Article 8, third paragraph, of the Act , designated natural or legal person who carried out the investigation.


§ 3. Validity of certificates

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Article 23. Period of validity of licences

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  • 1 The in Article 12 said certificates shall be valid for five years, with the exception of the International Certificate on the Prevention of Air Pollution from Engines, which shall be valid throughout the life of the engine.

  • 2 The International Energy Efficiency Certificate and the International Certificate on Fouling Paint System are, subject to the provisions of Article 9 of the Act , unlimited valid.

  • 3 Our Minister may issue certificates with a shorter period of validity than that provided for in paragraph 1, if not all inquiries have not yet been completed, or if he does not yet have all the information required by him.


Article 24. Renewal of certificates

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On completion of a renewal review of the renewal of a certificate, the new certificate shall be the subject of a derogation from Article 23 , valid from the date of completion of the relevant investigation until a date not later than five years after the expiry date of the existing certificate.


Article 25. Special extensions of the period of validity

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  • 1 If, at the time when a certificate ceases to be valid, a ship is not in a port where a further investigation may take place, our Minister may, by not more than three months, be valid for the period of validity of the certificate. prolongation to enable the ship to complete its voyage to the port in which it is to be examined. The ship does not subsequently leave that port without a new certificate.

  • 2 Our Minister may extend the period of validity of a certificate issued for the benefit of a ship making short trips by a maximum of one month.

  • 3 In a case referred to in the first or second paragraph, the period of validity of the new certificate shall be determined on the basis of the original expiry date of the existing certificate after completion of the review.

  • 4 If, after the completion of a renewed review, the new certificate cannot be issued before the expiry date of the existing certificate, or may be issued to the vessel, the person who carried out the investigation may note to be placed on the existing certificate. In that case, the existing certificate shall be considered valid for a period of no more than five months following its expiry date.

  • 5 Our Minister may be the term of validity of a certificate. Article 23, third paragraph , extend to a date situated five years after the issue date of the certificate, except that the validity period of a certificate as referred to in Article 12, first, second and fourth paragraphs , may be renewed only upon completion of an interim or annual examination as referred to in Annex I, II and VI of the Treaty.


Article 26. Detailed rules

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In the case of a regulation of our Minister, detailed rules may be laid down concerning the period of validity of the certificate and the declaration provided for in the Article 15 , and detailed rules may be laid down as regards the period of validity of the Articles 12 , 13 and 13a certificate referred to.


Article 27. Revocation and revocation of certificates

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  • 1 If a ship is removed by its owner from its general purpose as a ship, the certificates issued for that ship shall expire.

  • 2 If a ship is taken by its owner to a particular destination which it had at the time of issue of the certificates required for that ship but retains its general purpose as a ship, the ship concerned shall cease to be used in relation to that vessel. end-use licences issued.

  • 3 Our Minister may withdraw a certificate:

    • 1 °. where the ship has suffered significant damage and its repair has not been properly effected; or

    • 2 °. when an examination of the official of the Inspection and Water State has shown that the ship is unable to leave the port without risk of pollution of the marine environment.

  • 4 An expired or withdrawn certificate shall be sent to Our Minister as soon as possible by the owner through the intervention of officials of the Inspect Traffic and Water State, the officials responsible for customs clearance or the customs clearance, or Dutch diplomatic or consular officials.

  • 5 A certificate of receipt sent to it shall be subject to proof of receipt if required.


Article 28. Recovery of expired certificates

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Our Minister may be valid for a certificate that Article 9, first paragraph, part (e) of the Act shall be cancelled, if, in its opinion, an inspection has been sufficient to show that the ship complies with the relevant requirements.

Chapter 4. Discharge and other behaviour

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Article 29. Prohibited discharges to the MARPOL Convention

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  • 1 It shall be prohibited to discharge into the sea from a ship oil or oily mixtures as referred to in Regulation 1 of Annex I to the Convention, other than in accordance with the requirements of that Annex, except that:

    • a. in the Mediterranean area, the Baltic Sea region, the Black Sea area, the Gulf region, the Northwest European waters and the Southern South African waters referred to in Regulation 1 of that Annex, and the Antarctic Territory Requirements 15 and 34 of that Annex as regards discharges into special areas are applicable;

    • (b) in the other special areas referred to in Regulation 1 of that Annex, Regulations 15 and 34 of that Annex as regards discharges from special areas shall apply and, in those areas, Regulations 15 and 34 in respect of discharges into special areas shall be applicable to a time to be determined by decision of Our Minister, which shall be published in the Official Gazette;

    • (c) by way of derogation from parts (a) and (b), in so far as it concerns the applicability of Regulation No 15 of that Annex, in respect of ships of less than 400 GT in all areas except for Antarctic Regulation 15, part C, of that Annex applies.

  • 2 It shall be prohibited to discharge the following liquids into the sea from a ship intended or used for the transport of noxious liquid in bulk, other than in accordance with the requirements of Annex II to the Treaty:

    • a. Harmful liquids, including residues thereof, or ballast water, wash water of tanks or other mixtures containing such substances;

    • b. liquids that are not categorised, either provisionally classified or evaluated on the basis of Annex II, or ballast water, wash water of tanks or other mixtures containing such residual materials.

    The discharge of lens or ballast water, or other residues or mixtures containing only substances identified by OS in the category of contamination category in Chapter 18 of the IBC Code shall not be prohibited.

  • 3 It shall be prohibited to discharge from a ship any harmful substances in packaged form, other than in accordance with the requirements of Annex III to the Treaty. This prohibition shall also apply to uncleaned packages which have previously been used for the transport of harmful substances in packaged form, unless adequate measures have been taken to ensure that no residual products have been left behind. which may cause damage to the marine environment.

  • 4. It is prohibited from ships as intended Article 5 (4) , the discharge of sanitary ware into the sea other than in accordance with the requirements of Annex IV to the Treaty, on the understanding that:

    • (a) in respect of a passenger ship in the special areas referred to in Regulation 1 of that Annex, Regulation 11 of that Annex as regards discharges from special areas shall apply and

    • (b) in respect of a passenger ship in the areas referred to in point (a) above, Regulation 11 of that Annex as regards discharges into special areas shall apply from a time to be determined by decision of our Minister, shall be published in the Official Gazette.

  • 5 It shall be prohibited to discharge into the sea from a ship as referred to in Regulation 1 of Annex V to the Convention, other than in accordance with the requirements set out in that Annex, on the understanding that:

    • a. in the Mediterranean area, the Baltic Sea area, the Gulf region, the North Sea and the Caribbean area referred to in Regulation 1 of that Annex, and Regulation 6 of that Annex applies in the Antarctic area;

    • (b) in the other special areas referred to in Regulation 1 of that Annex, Regulation 4 of that Annex applies and, in those areas, Regulation 6 of that Annex shall apply to a further decision of Our Minister. specify the time of the day, which shall be published in the Official Gazette;

    • c. by way of derogation from parts (a) and (b), for floating platforms and all other vessels, and within 500 metres of these platforms, Regulation 5 shall apply.

  • 6 For the purposes of the provisions of the Treaty applicable pursuant to this Article, 'Administration' shall mean our Minister.

  • 7 Time, as referred to in paragraph 4, may vary according to the date of construction or delivery of a ship.


Article 30. Prohibited discharges under the Antarctic Treaty

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  • 1 It shall be prohibited to discharge sanitary wastes from a ship situated in the Antarctic, other than in accordance with the provisions of Annex IV to the Protocol on the protection of the environment, established in Madrid on 4 October 1991, Treaty on Antarctica, with Attachments (Trb. 1992, 110), except that for the purposes of those requirements 'discharges into the sea of untreated sanitary ware' shall be understood as ' discharges of sanitary ware which do not comply with Regulation 11.1.2 of Annex IV. "Passengers" shall be understood to mean "persons".

  • 2 It shall be prohibited to discharge from a ship which is in the Antarctic, rubbish as referred to in Regulation 1 of Annex V to the Treaty, other than in accordance with the requirements of Annex IV referred to in paragraph 1.


Article 31. Other prohibited practices under the MARPOL Convention

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  • 1 It is prohibited to emit intentionally substances which affect the ozone layer as referred to in Regulation 2 of Annex VI to the Treaty, other than in compliance with the requirements laid down in that Annex.

  • 2 It shall be prohibited to:

    • use of fuel oil on board vessels which do not comply with the requirements laid down in Annex VI to the Treaty in general or with regard to use in certain maritime areas;

    • (b) incinerating waste and other substances as referred to in Regulation 16 of Annex VI to the Convention, other than in accordance with the rules laid down in that Annex.

  • 3 The first paragraph and the second paragraph, part b, shall also apply to foreign vessels during the time that they are located on the Dutch inland waterways.


Article 31a. Prohibited discharges and behaviour under the Ballastwater Treaty [ Expired by 12-10-2011]

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Article 32. Detailed rules

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  • 1 The rules of our Minister may lay down detailed rules on the rules applicable to the Articles 29 , 30 and 31 prohibited, rules and requirements.

  • 2 The rules laid down pursuant to paragraph 1 may also be declared applicable to foreign vessels during the time that they are located on the Dutch inland waterways.

Chapter 5. Operational requirements

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Article 33. Transport

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  • 1 The transport of oil as referred to in Regulation 1 of Annex I to the Convention and ballast water shall be carried out in accordance with the rules laid down in that Annex.

  • 2 The transport of harmful fluids in bulk shall be carried out in accordance with the rules laid down in Annex II to the Treaty.

  • The transport of harmful substances in packaged form shall be carried out in accordance with the rules laid down in Annex III to the Treaty.

  • 4 The third paragraph shall also apply to the carriage of uncleaned packages which have previously been used for the transport of harmful substances in packaged form, unless adequate measures have been taken to ensure that no residues have been provided for the transport of pollutants. have been left behind which may cause damage to the marine environment.


Article 33a [ Enter into force at a time to be determined]

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Article 34. Obligations of the master

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  • 1 The master shall ensure that the rules and obligations set out in Annex I, V and VI of the Treaty are complied with on board a ship.

  • 2 The master shall ensure that on board a ship in the Antarctic no substances referred to in Regulation 43 of Annex I to the Treaty are used as fuel other than in compliance with this requirement.


Article 34a. Pre-washing of cargo tanks

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  • 1 The master of a ship landing a port designated under the conditions of Article 6, first paragraph, of the Act carries out a pre-wax of its tank to the extent that it is required by the requirements set out in Annex II to the Treaty.

  • 2 The pre-washing of cargo tanks shall be carried out solely in accordance with the rules laid down in Annex II to the Treaty.


Article 35. Issue at port reception facilities

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  • 1 The master of a ship landing a port designated under the conditions of Article 6, first paragraph, of the Act shall issue residues of noxious liquid at a port reception facility, in so far as is required by the rules set out in Annex II to the Treaty.

  • 2 The issue of residues of harmful substances referred to in Article 2 (a) , and residues of harmful liquids, in the case of a holder of a port reception facility, it shall be made only in accordance with the requirements of Annex I and II of the Treaty.

  • 3 As substances or equipment containing these substances as intended Article 12th, paragraph (a) of the Act designated substances which affect the ozone layer as referred to in Regulation 2 of Annex VI to the Treaty and equipment containing those substances.


Article 36. Journaling

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  • 1 The master of an oil tanker of 150 GT, or more or of a ship, not an oil tanker, of 400 GT, or more, shall ensure that on board the Oil Journal Part I, referred to in Regulation 17 of Annex I to the Treaty, is maintained with compliance with the provisions laid down in that Annex.

  • 2 The master of an oil tanker of 150 GT or more shall also ensure that, on board, the Oil Journal Part II, referred to in Regulation 36 of Annex I to the Treaty, is maintained in accordance with the provisions of that Annex. is determined.

  • 3 The master of a ship intended or used for the transport of harmful liquids in bulk or on a ship as intended Article 5, third paragraph, part b It shall ensure that the loading journal referred to in Regulation 15 of Annex II to the Treaty is kept on board, taking into account the provisions of that Annex.

  • 4 The master of a ship situated in the Antarctic shall ensure that any discharge of sanitary ware in a sanitary-waste or in the garbage journal referred to in Regulation 9 of Annex V of the Treaty is to be used. maintain compliance with that in respect of the relevant waste in that Annex.

  • The master:

    • a. of any vessel that is in the Antarctic; and

    • b. Any ship outside the Antarctic and having a tonnage of 400 or more or with which 15 or more persons may be transported,

    ensure that the waste log book referred to in Regulation 9 of Annex V to the Treaty is maintained in accordance with the provisions of that Annex.

  • 6 The master of a ship using different fuel oils to comply with Regulation 14 of Annex VI of the Treaty shall ensure that a journey log on board is maintained, taking into account the requirements of this Annex. is defined in that regulation.

  • 7 The master of a ship subject to Regulation 6.1 of Annex VI to the Treaty and which has refillable systems containing ozone layer-touch substances shall ensure that the journey log on board shall be carried out on board the journey log. the ozone-layer-touch substances referred to in Regulation 12 of Annex VI to the Treaty shall be maintained taking into account the requirements of that provision.

  • 8 Our Minister makes notes in the charge journal in accordance with the rules laid down in Annex II to the Treaty.


Article 36a [ Exfall by 12-10-2011]

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Article 37. Method of action in the event of damage

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  • 1 If a ship has suffered damage or has occurred to an event which causes the presumption of causing injury or defect which may endanger the environment, the master shall inform the master as soon as possible. Minister in. In addition, if the ship is in a port outside the Netherlands, it shall inform the competent authorities of the vessel.

  • 2 If the ship is in a port, the journey must not be continued, before the master of our Minister has received a statement, saying that any repairs have been duly taken or that the journey is without danger to the ship. The environment may be continued, provided that the authorities responsible on the spot do not oppose the continuation of the journey.


Article 38. Detailed rules

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  • 1 By arrangement of our Minister, for the transport of harmful substances, intended in Article 33 , additional rules are laid down, as well as detailed rules regarding the in Articles 33 to 36 the rules and obligations referred to.

  • 2 The rules laid down pursuant to paragraph 1 may also be declared applicable to foreign vessels during the time that they are located on the Dutch inland waterways.

Chapter 6. Losplate provisions

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Article 39. Losplate provisions

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  • 1 The managers of places of work located in ports, which are Article 6, first paragraph, of the Act are designated, where ships unload harmful liquids, shall be provided to ensure that such vessels can fully discharge their cargo tanks while complying with the requirements laid down in Annex II to the Treaty and under the conditions laid down in Annex II of the Treaty. Article 38 detailed rules relating to those rules.

  • 2 In the case of unloading places as referred to in paragraph 1, provisions shall be made to prevent the reentry of the contents of the hoses or pipes of the rolling mill, which are used for the unloading of noxious liquid substances.


Article 40. Detailed rules

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Under the arrangements of our Minister, detailed rules may be laid down in respect of the Article 39 the rules and obligations referred to.

Chapter 7. Final provisions

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Article 41. Publication of Codes

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  • 1 Our Minister shall ensure the publication of the Codes applicable pursuant to this Decision.

  • 2 The manner of publication shall be communicated in the Official Gazette.


Article 42. Amendments to Treaties and Codes

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  • 1 An amendment to the treaties and Codes applicable pursuant to this Decision, unless otherwise provided by the decision of our Minister, shall apply for the purposes of this Decision as from the day on which that amendment enters into force internationally -

  • 2 In so far as a change as referred to in paragraph 1 applies only to ships built on or after a certain date, unless otherwise determined by the decision of Our Minister, ships shall be built on ships before that date, the Convention or the Code of Code of First Time shall be Such as that, by virtue of the amendment in question, shall apply subject to the conditions laid down in the amended Convention or in the amended Code concerning the changes to be made to repairs, alterations, alterations and other alterations, and any changes in the condition or equipment of a ship.

  • 3 The first and second paragraphs shall apply mutatis mutandis to amendments to the amendments to the conventions and Codes referred to in paragraph 1, which have already entered into force before the entry into force of this Decision.

  • 4 A decision of Our Minister referred to in the first or second paragraph shall be published in the Official Gazette.


Article 43. Transitional provisions

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  • 3 For ships of 400 GT or more, built before 19 May 2005, the licences shall be: Article 12, fourth paragraph , issued no later than the next scheduled drier after the entry into force of this Decision, but in any case not later than 19 May 2008.

  • 4 For ships complying with the requirements of Annex 1 of the AFS Convention for the date on which those requirements enter into force, the certificates shall, Article 13 , issued no later than two years after the entry into force of those requirements.

  • 6 For ships, built before 18 July 1982, the gross content of which was adopted in accordance with the Treaty establishing a uniform system for the measurement of seagoing ships, adopted in Oslo on 10 June 1947 (Stb. 1949, J 370; Trb. 1955, 52), for the purposes of this Decision, the gross register tonne unit shall be treated as the GT unit.


Article 44. Amendment Port Receipt Facilities Decision

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Article 45. Regulatory repeal

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The following acts shall be repealed by a date to be determined by Royal Decree, which may be determined differently for the various articles or parts of such acts and for different categories of ships;


Article 46. Entry of

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This Decision shall enter into force on a date to be determined by Royal Decree, which may be determined differently for the various articles or parts of such vessels and for different categories of ships.


Article 47. Citation Title

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This decision is referred to as: Decision to prevent pollution from ships.

Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.

' s-Gravenhage, 11 December 2006

Beatrix

The Minister of Transport and Water,

K. M. H. Peijs

The Secretary of State for Housing, Spatial Planning and the Environment,

P. L. B. A. van Geel

Issued the twenty-first December 2006

The Minister of Justice,

E. M. H. Hirsch Ballin