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Law No. 585 Of 15 December 2004

Original Language Title:  LEGE nr. 585 din 15 decembrie 2004

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LEGE no. 585 585 of 15 December 2004 for the accession to the 2001 International Convention on the Control of Harmful Anti-Fouling Systems, adopted at the International Maritime Organisation Conference in London on 5 October 2001
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 1.257 1.257 of 27 December 2004



The Romanian Parliament adopts this law + Article 1 Romania adheres to the 2001 International Convention on the Control of Harmful Anti-Fouling Systems used in ships, adopted at the International Maritime Organization Conference in London on 5 October 2001. + Article 2 Within 90 days from the date of entry into force of this law, the Ministry of Transport, Construction and Tourism will develop the methodological norms for the implementation of the international convention provided for in art. 1. + Article 3 This law shall enter into force 180 days from the date of its publication in the Official Gazette of Romania, Part I. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, December 15, 2004. No. 585. INTERNATIONAL CONVENTION of 2001 on the control of anti-fouling systems Harmful to ships *) Note * *) Translation. Noting that studies and scientific research conducted by governments and competent international organizations have shown that certain anti-fouling systems used in ships pose a considerable danger of toxicity and other chronic effects from ecological and economic point of view on important marine organisms and that human health can be endangered as a result of the consumption of food of the affected marine origin, noting in particular serious concerns about anti-fouling systems using organostanic compounds acting as biocides and being convinced that the introduction of these organostanic compounds into the marine environment must be eliminated in a manner gradually, A reminder of that. 17 of Agenda 21, adopted by the 1992 United Nations Conference on the Environment and Development, states are required to take measures to reduce pollution caused by organostanic compounds used in anti-fouling systems, Also recalling that in Resolution A. 895 (21) adopted by the Assembly of the International Maritime Organization on 25 November 1999 the Organization for the Protection of the Marine Environment (MEPC) of the Organization is strongly urged to act in the sense of rapid development of a mandatory world legal instrument to deal with the urgency of all harmful effects of anti-fouling systems, aware of the concept of the precaution which was established in principle 15 of the Rio Declaration on the Environment and Development and which was mentioned in resolution MEPC.67 (37), adopted by the MEPC on 15 September 1995, recognising the importance of the protection of the marine environment and of people's health against adverse effects of anti-fouling recognising also that the use of anti-fouling systems to prevent the accumulation of organisms on the surface of ships is of major importance for ensuring the efficiency of trade, maritime transport and preventing the spread of harmful aquatic organisms and pathogens, further recognising that the further development of anti-fouling systems that are effective and do not pose a danger to the environment and the promotion of the replacement of harmful systems with as little as possible harmful systems or, preferably, nepest, the Parties to this Convention have agreed as follows: + Article 1 General obligations (1) Each Party to this Convention undertakes to fully and fully implement the provisions of this Convention to reduce or eliminate adverse effects on the marine environment and human health due to the systems Antifouling. (. The Annexes shall form an integral part of this Convention. Unless expressly provided otherwise, a reference to this Convention shall at the same time constitute a reference to its Annexes. (3) No provision of this Convention shall be construed as to prevent a State from taking, individually or jointly, stricter measures with regard to the reduction or elimination of adverse effects of anti-fouling systems. on the environment, in accordance with international law. ((. The Parties shall endeavour to cooperate in the implementation, application and effective application of this Convention. (5) The Parties undertake to promote the continuous development of anti-fouling systems that are effective and pose no danger to the environment. + Article 2 Definitions For the purposes of this Convention, unless expressly provided otherwise: ((1) Administration means the government of the State under whose authority the ship is operated. As for a ship authorized to fly the flag of a state, the Administration is the government of that state. With regard to fixed or floating platforms engaged in the exploration and exploitation of the seabed and its subsoil, adjacent to the coast on which the State of the riparian State exercises its sovereignty rights for the purpose of exploration and exploitation their natural resources, the Administration is the government of the riparian (2) Anti-fouling system means a protective layer, a paint, a surface treatment, a surface or a device used in a ship to control or prevent unwanted organisms from being fixed. (3) The Committee shall mean the Marine Environment Committee of the Organization. (. Gross tonnage shall mean gross tonnage calculated in accordance with the tonnage measurement rules of Annex I to the International Convention of 1969 on the measurement of tonnage of vessels or of any convention succeeding. (5) International voyage means a voyage carried out by a vessel authorised to fly the flag of a State, having its destination coming from a port, shipyard or terminal offshore, under the jurisdiction of another State. (6) Length means the length, as defined in the 1966 International Convention on Load Lines, as amended by the 1988 Protocol relating thereto, or in any convention succeeding. (7) Organization means the International Maritime Organization. (8) General Secretary means the Secretary-General of the Organization (9) Ship means a ship of any type that operates in the marine environment and includes boats on load-bearing wings, air cushion boats, submersibles, floating construction, fixed or floating platforms, floating storage units (FSU) and floating storage and unloading units (FPSO). (10) Technical group is an organ consisting of representatives of the parties, members of the Organization, the United Nations and its specialized institutions, intergovernmental organizations that have entered into agreements with the Organization and the non-governmental organizations with advisory status within the Organization, which must preferably include representatives of institutions and laboratories engaged in analyses of anti-fouling systems. These representatives must have experience in the field of environmental transformations and effects on the environment, toxic effects, marine biology, human health, economic analysis, risk management, health and safety. international maritime transport, the technology of protective layers of anti-fouling systems or other specialised areas necessary for the objective examination of the technical advantages of a detailed proposal. + Article 3 Scope of application ((. Unless otherwise specified in this Convention, it shall apply: a) vessels authorised to fly the flag of a party; b) vessels which are not authorized to fly the flag of a party but operating under the authority of a party; and c) ships entering a port, shipyard or terminal offshore of a party, but not covered by the point. a) or b). ((. This Convention shall not apply to warships, auxiliary vessels or other vessels belonging to or operated by a Party and which, at the time, are used only for non-commercial government service. However, each party must ensure, by adopting appropriate measures, which do not damage the operation or operational capabilities of these vessels, owned or operated by it, that these vessels act, to the extent that they are not. which is reasonable in practice, in a manner consistent with this Convention. (. As regards vessels of States which are not parties to this Convention, the Parties shall apply its requirements to the extent necessary to ensure that such vessels do not receive more favourable treatment. + Article 4 Control measures on anti-fouling systems (1) In accordance with the requirements specified in Annex no. 1, each party must prohibit and/or limit: a) the application, reapplication, installation or use of harmful antivegetative systems to the vessels referred to in art. 3 3 para. ((1) lit. a) or b); and b) the application, reapplication, installation or use of these systems to the vessels referred to in Article 3 3 para. ((1) lit. c), when located in a port, shipyard or terminal offshore of a part, and must take effective measures to ensure that these vessels meet these requirements. ((. Ships having an anti-fouling system which is subject to a control resulting from an amendment to Annex no. 1 as a result of the entry into force of this Convention, they may retain that system until the date provided for the replacement of that system, but in no case should this period exceed 60 months after the application of the system anti-fouling, unless the Committee decides that there are exceptional circumstances justifying the earlier application of the control measure. + Article 5 Control measures on waste resulting from the application or removal of an anti-fouling system set out in Annex no. 1 Having regard to international rules, standards and requirements, the Parties to this Convention must take the necessary measures in its territory to request that the waste resulting from the application or removal of an anti-fouling system provided for in Annex No 1 to be collected, handled, transported, treated and disposed of safely, so as not to pose a risk to the health of the population and the environment. + Article 6 Procedures for the proposal for amendments on control measures on anti-fouling systems ((. Any Party may propose an amendment to Annex no. 1 1 according to this article. (. An initial proposal shall contain the information required in Annex no. 2 2 and must be transmitted to the Organization. If the Organization receives a proposal, it will bring it to the attention of the parties, members of the Organization, the United Nations and its specialized institutions, intergovernmental organizations that have entered into agreements with the Organization and non-governmental organizations with advisory status within the Organization and will make it available to them. (3) The Committee must decide whether that anti-fouling system warrants further examination on the basis of the original proposal. If the Committee decides that a larger examination is warranted, it will ask the party who submitted the proposal to submit a more detailed proposal containing the information set out in Annex no. 3, unless the original proposal also includes all the information set out in Annex no. 3. If the Committee is of the opinion that there is a threat of serious or irreversible destruction, the lack of scientific certainty must not be invoked as a reason for preventing the decision to assess the proposal. The Committee shall establish a technical group in accordance with Article 4. 7. (4) The Technical Group must examine the detailed proposal, together with all additional data submitted by all interested parties, and must assess and report to the Committee if the proposal has demonstrated the existence of an exaggerated risk of adverse effects on non-target organisms or human health, so that the amendment to Annex no. 1 1 to be justified. For this purpose: a) The examination carried out by the technical group shall include: ((i) an assessment of the link between that anti-fouling system and the negative effects either on the environment or on the health of the population, which includes the consumption of food of marine origin affected, but not limited to, or an assessment by verified studies that are based on the data described in Annex no. 3 3 and any other relevant data highlighted; ((ii) an assessment of the reduction of the hazard as a result of the proposed control measures and of all other control measures which may be taken into account by the technical group; (iii) analysis of available information on the possibility of technical implementation of the control measures and the cost-effectiveness of the proposal; (iv) analysis of available information on other effects resulting from the introduction of these control measures, relating to: -the environment (which includes the cost of inaction and the effect on air quality, but not limited to them); -health and safety problems for shipyards (i.e.: effects on workers in construction sites); -the cost for international shipping and other relevant sectors; and (v) analysis of the availability of other appropriate techniques, including analysis of possible risks associated with these techniques b) The report of the technical group must be drawn up in written form and take into account each of the assessments and analyses referred to in point. a), except that the technical group may decide not to carry out the assessments and analyses referred to in point. a) (ii)-(v) if, after the assessment referred to in point a) (i), it is established that the proposal does not justify further consideration. c) The report of the technical group must include, among other things, a recommendation indicating whether the international controls provided for in accordance with the provisions of this Convention are justified with regard to that system anti-fouling, whether the specific control measures suggested in the detailed proposal correspond or whether there are other control measures that are considered to be much more convenient. (5) The report of the technical group must be circulated to all parties, members of the Organization, the United Nations and its specialized institutions, intergovernmental organizations that have entered into agreements with the Organization and organizations non-governmental advisory status in the Organization, prior to its consideration by the Committee. The Committee shall decide whether to approve a proposal to amend Annex no. 1 1 or a modification thereof, as appropriate, taking into account the report of the technical group. If the report indicates a risk of serious or irreversible deterioration, the lack of scientific certainty must not be relied on in order to prevent a decision to include an anti-fouling system in Annex no. 1 1. Amendments proposed in Annex no. 1, if approved by the Committee, must be broadcast in accordance with art. 16 16 para. ((2) lit. a). A decision not to approve the proposal should not preclude further presentation of a new proposal on a certain anti-fouling system, if new information is brought. (6) Only the parties may participate in the taking by the Committee of the decisions presented in par. ((3) and (5). + Article 7 Technical groups (. The Committee shall establish a technical group in accordance with Article 4. 6, if it receives a detailed proposal. In cases where several proposals are received concurrently or sequentially, the Committee may constitute one or more technical groups, if need be. (. All parties may participate in the proceedings of a technical group and must appeal to the appropriate technical competence available to them. (3) The Committee must decide on the mandate, organisation and functioning of the technical groups. The mandate of the technical groups shall ensure the confidentiality of any information that may be communicated. Technical groups may meet, if deemed necessary, but must endeavour to carry out their work by written or electronic correspondence or by other appropriate means. (. Only representatives of the parties may participate in the formulation of any recommendation submitted to the Committee under 6. The technical group must strive to achieve the unanimity of the representatives of the parties. If this is impossible, the technical group must communicate any views of the minority of these representatives. + Article 8 Technical-scientific research and supervision (1) The Parties must take appropriate measures to promote and facilitate scientific research on the effects of anti-fouling systems, as well as the surveillance of these effects. In particular, this research should include observation, measurement, sampling, evaluation and analysis of the effects of anti-fouling systems. (. In order to promote the objectives of this Convention, each Party shall facilitate the access of the other requesting parties to the appropriate information concerning: a) the technical-scientific activities carried out in accordance with this Convention; b) the scientific and technological programmes relating to the marine environment and their objectives; and c) the effects observed during surveillance and evaluation programmes on anti-fouling systems. + Article 9 Communication and exchange of information ((. Each Party shall undertake to communicate to the Organization: a) a list of appointed inspectors or recognized organizations, who are authorized to act on behalf of that party to the administration of problems relating to the control of anti-fouling systems, in accordance with the provisions of this conventions, for the purpose of disseminating it to the Parties in order to inform their inspectors. The Administration must therefore notify the Organization of specific responsibilities assigned to appointed inspectors or recognized organizations and the conditions for delegation of authority; b) annually, information on all approved, limited or prohibited anti-fouling systems by virtue of its domestic law. (2) The organization must make available, by any appropriate means, the information communicated to it according to par. ((1). (3) For those anti-fouling systems that are approved, registered or authorized by a party, that party must either provide or require the producers of these anti-fouling systems, or provide those parties that have requested the relevant information on the basis of which the decision was taken, including the information specified in Annex no. 3, or other information that allows an appropriate assessment of the anti-fouling system to be carried out. No information should be provided that is protected by law. + Article 10 Inspection and certification A Party shall ensure that vessels authorised to fly its flag or operated under its authority are inspected and certified in accordance with the provisions of Annex no. 4. + Article 11 Inspection of ships and identification of contraventions (. A vessel to which this Convention applies may be inspected by inspectors authorised by that Party for the purpose of determining the conformity of the vessel with this Convention in any port, shipyard or offshore terminal of a Party for the purpose of determining the ship's compliance with this Convention. If there are no reasonable grounds for considering that a vessel is contrary to this Convention, all such inspections shall be limited to: a) verification of the existence on board the vessel of an international certificate for the valid anti-fouling system or a valid anti-fouling system declaration, if required; and/or b) a representative sample of the anti-fouling system of the vessel which does not affect the integrity, structure or operation of this system, taking into account the instructions developed by the Organisation *). However, the time required for the processing of the results of this evidence must not prevent the movement and departure (2) If there are reasonable grounds to consider that the ship is contrary to this Convention, a thorough inspection may be carried out taking into account the instructions drawn up by the Organization *). (. If the vessel is found to be contrary to this Convention, the party carrying out the inspection may take measures to warn, retain, remove or exclude the vessel from its ports. A Party which shall take such measures against a vessel on the grounds that it does not comply with this Convention shall immediately inform the Administration of that vessel. ((4) The Parties must cooperate in the identification of contraventions and the implementation of this Convention. A party may also inspect a ship calling at the port, shipyard or terminal at sea under its jurisdiction, if another party requests it to conduct an investigation and provides it with sufficient evidence that the ship operates or has operated contrary to this Convention. The report of this investigation shall be submitted to the requesting party and to the competent authority of the Administration of that vessel so that the appropriate measures can be taken under this Convention. ---------- Note * *) The instructions are to be drawn up. + Article 12 Contraventions (1) Any violation of the provisions of this Convention shall be prohibited and sanctioned by the legislation of the Administration of the respective vessel, regardless of where the contravention occurred. If the Administration is informed of such contravention, it must conduct an investigation and ask the party that signalled the contravention to provide further evidence of the alleged contravention. If the Administration convinces that there is sufficient evidence to allow it to trigger proceedings in relation to the alleged contravention, it will trigger these proceedings as soon as possible, in accordance with its legislation. The administration must immediately inform the party that signalled the alleged contravention, as well as the Organization over the measures taken. If the Administration did not take any action within a year after receiving the information, it must inform the party that flagged the alleged contravention. (2) Any violation of the provisions of this Convention, committed within the limits of the jurisdiction of a Party to the Convention, is prohibited and, consequently, the penalties must be determined in accordance with the legislation of that Party. Whenever such a contravention occurs, that party shall: a) trigger the procedures in accordance with its legislation; or b) provide the Administration of that vessel with the information and evidence it possesses in connection with the occurrence of this offence ((3) The penalties provided for by the law of the party as a result of this article must be of a severity that discourages the violation of this Convention, regardless of the place where the contravention took place. + Article 13 Delay or unjust retention of vessels (1) All possible efforts must be made because the measures taken in accordance with the provisions of art. 11 11 or 12 of this Convention shall not produce the unjustified detention or delay of the vessel. (2) If a ship is detained or unduly delayed in accordance with the provisions of art. 11 or 12 of this Convention, then it shall be entitled to compensation for any loss or damage suffered. + Article 14 Dispute resolution The parties must resolve any dispute arising between them regarding the interpretation or application of this Convention by negotiation, investigation, mediation, conciliation, arbitration, judicial regulation, recourse to bodies or agreements. regional or other peaceful means chosen by them. + Article 15 Relationship with international law on the sea No provision in this Convention shall prejudice the rights and obligations of any State by virtue of international common law, as shown in the United Nations Convention on the Law of the Sea. + Article 16 Amendments (. This Convention may be amended by any of the procedures specified in the paragraphs below. ((2) Amendments after examination within the Organization: a) Any Party may propose amendments to this Convention. The proposed amendment must be forwarded to the Secretary-General who must then broadcast it to the Parties and members of the Organization at least 6 months before his examination. In the case of a proposal to amend Annex no. 1, it must follow the procedures contained in art. 6 6 before its examination according to this article. b) A proposed amendment and broadcast as above must be submitted to the Committee for consideration. The Parties, whether or not they are members of the Organisation, must be authorised to participate in the Committee's proceedings for the examination and adoption of the amendment. c) Amendments must be adopted by a two-thirds majority of the parties present and voting in the Committee, provided that at least one third of it is present at the time of voting. d) Amendments adopted according to letter c) must be communicated to the parties by the Secretary-General for acceptance. e) An amendment shall be deemed to have been accepted in the following situations: (i) an amendment to an article in this Convention shall be deemed to have been accepted on the date on which two thirds of the number of the parties have notified the Secretary-General of their acceptance of it; (ii) an amendment to an annex shall be deemed to have been accepted at the end of 12 months after the date of adoption or at another time, as determined by the Committee. However, if at that time more than one third of the parties ' number notifies the Secretary-General that they have an objection to the amendment, it shall be deemed not to have been accepted. f) An amendment must enter into force under the following conditions: (i) an amendment to an article of this Convention must enter into force, for those parties which have declared that they have accepted it, 6 months after the date on which it is deemed to have been accepted in accordance with point (a). e) (i); (ii) an amendment to Annex no. 1 1 must enter into force, for all parties, 6 months after the date on which it is deemed to have been accepted, with the exception of any party which: 1. has notified its objection to the amendment in accordance with lit. e) (ii) and which has not withdrawn this objection; 2. notified the Secretary-General, before the entry into force of this amendment, that the amendment must enter into force for it only after further notice of its acceptance; or 3 3. made a declaration at the time of submission of its instrument of ratification, acceptance, approval or accession to this Convention as amendments to Annex no. 1 must enter into force for it only after notification to the Secretary-General of its acceptance of these amendments; ((iii) an amendment to an Annex other than Annex no. 1, must enter into force, for all parties, 6 months after the date on which it is deemed to have been accepted, except for those parties who have notified their objection to the amendment in accordance with lit. e) (ii) and who have not withdrawn this objection. g) (i) A party which has notified an objection under subparagraph. f) (ii) or (iii) may subsequently notify the Secretary-General of accepting the amendment. This amendment will enter into force for this part 6 months after the date of notification of its acceptance or the date on which the amendment takes effect, whichever is later. ((ii) If a party has made a notification or declaration referred to in point (a). f) (ii) 2 and 3 respectively, notify the Secretary-General of his acceptance of an amendment, this amendment must enter into force for this part 6 months after the date of notification of its acceptance or the date on which the amendment enters vigor, whichever is later. ((3) Amendment through a conference: a) At the request of a party, supported by at least one third of the number of the parties, the Organization must convene a conference of the Parties to examine the amendments to this Convention. b) An amendment adopted by this conference with a two-thirds majority of the parties present and voting must be communicated by the Secretary-General to all parties for acceptance. c) If the conference does not decide otherwise, the amendment must be deemed to have been accepted and must enter into force according to the procedures established in par. ((2) lit. e) and, respectively, lit. f) of this article. ((4) Any party which has not accepted an amendment to an annex must be regarded as not only part of the application of this amendment. ((5) An addition of a new Annex must be proposed and adopted and must enter into force in accordance with the procedure applicable to an amendment to an article of this Convention. (6) Any notification or declaration in accordance with this article must be made in writing to the Secretary-General. (. The Secretary-General shall inform the Parties and members of the Organization of: a) any amendment that enters into force and the date of its entry into force, in general and for each party; and b) any notification or declaration made by virtue of this article. + Article 17 Signing, ratification, acceptance, approval and accession (. This Convention shall be open for signature by any State, at the premises of the Organization, from 1 February 2002 until 31 December 2002, and shall then remain open for accession to any Party. (. States may become parties to this Convention by: a) signing without reservation in respect of ratification, acceptance or approval; or b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or c) accession. (3) Ratification, acceptance, approval or accession must be made by submitting a tool for this purpose to the Secretary-General. (4) If a State possesses two or more territorial units in which different legislative systems are applicable in relation to matters covered by this Convention, that State may, at the time of signature, ratification, acceptance, approval or to accede, to declare that this Convention must apply to all its territorial units or only to one or more of them, and may amend that declaration by submitting another declaration at any time. (. Any such declaration shall be notified to the Secretary-General and shall expressly specify the territorial units in which this Convention applies. + Article 18 Entry into force (1) This Convention shall enter into force 12 months after the date on which at least 25 States, whose commercial fleets represent a total of at least 25% of the gross tonnage of the world trade fleet, or have signed the Convention without reservation in respect of concerns ratification, acceptance or approval, or have submitted the required instrument of ratification, acceptance, approval or accession, in accordance with art. 17. (2) For States which have deposited an instrument of ratification, acceptance, approval or accession to this Convention after the requirements of its entry into force have been complied with, but before the date of entry into force, ratification, acceptance, approval or accession must take effect on the date of entry into force of this Convention or 3 months after the date of deposit of the instrument, whichever is later. ((3) Any instrument of ratification, acceptance, approval or accession submitted after the date of entry into force of this Convention must take effect 3 months after the date of deposit. ((4) Any instrument of ratification, acceptance, approval or accession submitted after the date on which an amendment to this Convention is deemed to have been accepted in accordance with the provisions of art. 16 16 must apply to this Convention in its amended form. + Article 19 Denunciation (. This Convention may be denounced by any party at any time after the expiry of 2 years from the date of its entry into force for that Party. ((. Denunciation must be made by submitting a written notification to the Secretary-General and shall take effect one year after the date of receipt of the notification or upon expiry of a longer period specified in that notification. + Article 20 Depositary (. This Convention shall be submitted to the Secretary-General, who shall transmit certified copies thereof to all States which have signed this Convention or which have acceded to it. (. In addition to the functions specified in other articles of this Convention, the Secretary-General shall: a) inform all States which have signed this Convention or have acceded to it in respect of: ((i) each new signing or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof; (ii) the date of entry into force of this Convention; and (iii) the filing of any instrument for denunciation of this Convention, together with the date on which it was received and the date on which the denunciation takes effect; and b) to transmit to the Secretariat of the United Nations, as soon as this Convention enters into force, its text for registration and publication in accordance with the provisions of art. 102 of the United Nations Charter. + Article 21 Languages This Convention shall be drawn up in a single copy in Arabic, Chinese, English, French, Russian and Spanish, each text having the same validity. As the undersigned, legally empowered for this purpose by those governments, we have signed this Convention. Done at London on 5 October 2001. + Annex 1 CONTROL MEASURES on anti-fouling systems Anti-fouling systemsApplication controlsEffective date Organostinous compounds acting as biocides in anti-fouling systems should not apply to them or reapply them. All ships1 January 2003 Organostannic compounds acting as biocides in antivegetativeShips: All vessels (excluding fixed and floating platforms, FSU and FPSO, which were built before 1 January 2003 and which did not been docked on 1 January 2003 or after that date) 1 January 2008 (1) or must not be have these compounds applied to the body or parts or to the outer surfaces; (2) they must either have a protective layer forming a barrier to these compounds resulting from the solubilisation of the anti-fouling systems improper under this + Annex 2 ELEMENTS required for an initial proposal (. An initial proposal shall include appropriate documentation containing at least the following: a) identification of the anti-fouling system covered by the proposal: name of the anti-fouling system; name of active ingredients and registration number in the Chemical Abstract Services database (CAS number), if applicable, or system components which are suspected of having determined those adverse effects; b) description of the information suggesting that the anti-fouling system or its processing products may constitute a danger to human health or may cause adverse effects on non-target organisms in concentrations likely to be encountered in the environment (e.g. results of representative toxicity studies or bioaccumulation data); c) evidence supporting the danger of occurrence in the environment of toxic components of the anti-fouling system or its processing products at concentrations from which adverse effects may result for non-target organisms, health human or water quality (e.g. data on the persistence in the water column, sediment and biotope; the average discharge of toxic components from treated surfaces as measured in studies performed or under real conditions of use, or the data gathered in the framework of a surveillance programme, as appropriate); d) an analysis of the link between the anti-fouling system, the respective negative effects and concentrations of the determined or estimated pollutants in the environment e) a preliminary recommendation on the type of restrictions that could be effective for reducing hazards in relation to the anti-fouling system. (. An initial proposal must be submitted in accordance with the rules and procedures established by the Organization. + Annex 3 ELEMENTS required for a detailed proposal (. A detailed proposal shall include the appropriate documentation containing the following: a) new elements in relation to the data included in the original proposal; b) the conclusions of the categories of data referred to in par. ((3) lit. a), b) and c), if applicable, depending on the subject of the proposal, and the identification or description of the methods that served to establish the data; c) a summary of the conclusions of studies on the negative effects of the anti-fouling system; d) if any surveillance has been carried out, a summary of the results of this surveillance, including the information on maritime traffic in the supervised area and a general description of this area; e) a summary of the available data on the environmental or environmental hazard endangerment and environmental concentration estimates established by the application of mathematical models using all available parameters for transformations in the environment, preferably those that have been experimentally determined, as well as an identification or description of the modelling methodology; f) an evaluation of the link between that anti-fouling system, the negative effects on the environment and the concentrations of the pollutants, determined or estimated, from the environment; g) a qualitative indication of the degree of uncertainty in the evaluation referred to in lett. f); h) a recommendation of specific control measures to reduce the hazards of the anti-fouling system; and i) a summary of the results of any studies available on the possible effects of the control measures recommended in relation to air quality, conditions in shipyards, international shipping and other relevant sectors, and the availability of corresponding equivalent solutions. (2) A detailed proposal must also include information on each of the physical and chemical properties of the respective component/components, as appropriate: -melting point; -boiling point; -density (relative density); -vapour pressure; -water/pH/constant dissociation solubility (pKa); -oxidation/reduction potential; -molecular weight; -molecular structure; and -other physical and chemical properties specified in the original proposal. (3) For the purposes of paragraph ((1) lit. b) above, the data categories are: a) Data on environmental changes and environmental effects: -modes of degradation/dissipation (e.g. hydroly/photodegradation/biodegradation); -persistence in relevant environments (e.g. apa/sedimente/biotope column); -sediment/apa; -the soluble speed of biocides or active ingredients; -weight balancing; -bioaccumulation, distribution coefficient, octanol/apa; and -any new reactions in conditions of release or any known interactive effects. b) Data on unintended effects on aquatic plants, invertebrates, fish, seabirds, marine mammals, endangered species, other biotopes, water quality, seabed or habitat of organisms non-target, including sensitive and representative bodies: -acute toxicity; -chronic toxicity; -developmental and reproductive toxicity; -endocrine problems; -sediment toxicity; -bioavailability/bioamplification/bioconcentration; -effects on the food/population network; -observations on adverse effects in the field/on morti/strages/analysis of cellular tissues; and -residues in food of marine origin. These data shall refer to 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 the effects on human health (including the case of consumption of food of the affected marine origin, but not limited to it only). (4) A detailed proposal should include a description of the methodologies used, as well as all relevant measures taken to ensure quality and all comparable study examinations carried out. + Annex 4 REQUIREMENTS on the inspections and issuing of certificates corresponding to anti-fouling systems RULES 1 Inspections ((1) Ships with a gross tonnage greater than or equal to 400, referred to in art. 3 3 para. ((1) lit. a), which performs international voyages, excluding fixed or floating platforms, FSU and FPSO, must be subject to the following inspections: a) an initial inspection carried out prior to the entry into service of the vessel or prior to the release for the first time of the International Certificate for the anti-fouling system (Certificate) required in accordance with the provisions of Rule 2 or 3; and b) an inspection carried out in case of change or replacement of the anti-fouling system. These inspections must be certified in the certificate issued in accordance with the provisions of rule 2 or 3. ((2) The inspection must be carried out in such a way as to ensure that the anti-fouling system of the ship fully meets the provisions of this Convention (3) In the case of ships not subject to the provisions of paragraph ((1) of this rule, the Administration must determine the appropriate measures to ensure that the present convention is respected. (4) A) In respect of the implementation of this Convention, the inspections of the vessels shall be carried out by duly authorised inspectors authorised by the Administration or, as provided for in Regulation 3 (2) of the Treaty. ((1), taking into account the Instructions for inspections elaborated by the Organization *). Alternatively, the Administration may entrust the inspections provided by this Convention to either the inspectors appointed for this purpose or to the organizations recognized by it. b) An Administration that appoints inspectors or recognizes organizations * *) to carry out inspections must, as a minimum, empower any appointed inspector or organization recognized to: ((i) impose on a vessel which it inspects to comply with the provisions of Annex no. 1 1; and ((ii) carry out inspections if required by the competent authorities of the port State which is party to this Convention. c) If the Administration, an appointed inspector or a recognized organization determines that the ship's anti-fouling system does not correspond either to the characteristics of a certificate required in accordance with the provisions of rule 2 or 3, or to the requirements of this convention, this administration, the inspector or the organization must immediately ensure that the corrective action is taken to carry out the ship's compliance. An inspector or an organization must also inform the Administration in a timely manner of this ruling. If the required corrective measure is not taken, the Administration must be informed immediately and ensure that the certificate is not issued or that it is withdrawn as appropriate. d) In the case described in lett. c), if the ship is in the port of another party, the appropriate authorities of the port state must be informed immediately. If the Administration, an appointed inspector or a recognised organisation has informed the competent authorities of the port state, the government of the port State concerned shall grant such administration, inspector or organisations any necessary aid. to fulfill their obligations under this rule, including taking measures in accordance with the provisions of art. 11 11 or 12. ----------- Note * *) The instructions are to be drawn up. Note **) Reference is made to the Instructions adopted by the Organization by Resolution A. 739 (18), as amended by the Organization, and the specifications adopted by it by Resolution A. 789 (19), as amended by the Organization. RULES 2 Issue or approval of the International Certificate for the anti-fouling system (1) The administration must require that a vessel to which the provisions of rule 1 apply to be issued the International Certificate for the Antivegetative System (Certificate) after successful completion of an inspection in accordance with the provisions Rule 1. A certificate issued under the authority of a Party shall be accepted by the other Parties and shall be considered as covering for this Convention and having the same validity as a certificate issued by them. (2) Certificates must be issued or approved either by the Administration or by any person or organization officially authorized by it. In each case the Administration assumes full responsibility for the certificate. ((3) For ships fitted with an anti-fouling system subject to a control measure in accordance with the provisions of Annex no. 1, which was applied before the date of entry into force of this control measure for such a system, the Administration must issue a certificate in accordance with par. ((2) and (3) of this rule no later than 2 years after the entry into force of this control measure. This paragraph shall not affect any requirement that vessels comply with Annex no. 1. (. The certificate must be drawn up in the form corresponding to the model given in Appendix 1 to this Annex and must be written at least in English, French or Spanish. If an official language of the State issuing the certificate is used to the same extent, it must prevail in the event of a dispute or disagreement. RULES 3 Issue or approval by another part of the certificate (. At the request of the Administration, another party to this Convention may carry out an inspection on a ship and, if the provisions of this Convention are deemed to have been complied with, it must issue or authorize the release of a the vessel's certificate and, where applicable, must approve or authorise the approval of this certificate for the vessel, in accordance with the provisions of this Convention. ((. A copy of the certificate and a copy of the inspection report shall be transmitted as soon as possible to the requesting Administration. (3) A certificate thus issued must contain a statement indicating that it has been issued at the request of the Administration, referred to in par. (1), and he must have the same validity and recognition as a certificate issued by the Administration. (. No certificate shall be issued to a ship which is authorized to fly the flag of a State which is not party to the Convention. RULES 4 Validity of certificate (. A certificate issued in accordance with the provisions of rule 2 or 3 shall cease its validity in any of the following cases: a) if the anti-fouling system is modified or replaced and the certificate is not covered in accordance with the convention; and b) the transfer of the ship to the flag A new certificate must be issued only if the issuing part of the new certificate is fully satisfied that the ship meets the requirements of this Convention. In the case of a flag transfer between the parties, if required within 3 months after the transfer has taken place, the part whose flag the vessel was previously authorised to fly must transmit to the Administration, as soon as possible, a copy of the flag. certificates on board the vessel prior to the transfer and, if possible, a copy of the relevant inspection reports. (2) The release by a part of a new certificate to a ship which has been transferred from another party may be carried out on the basis of a new inspection or a valid certificate issued by the party whose flag the ship was previously authorized to have fly. RULES 5 Statement on the anti-fouling system (1) The administration must ask a ship with a length of more than or equal to 24 m, but having a gross tonnage of less than 400, engaged in international voyages and to which the provisions of art. 3 3 para. ((1) lit. a) (excluding fixed or floating platforms, FSU and FPSO) to have on board a statement signed by the shipowner or his authorized representative. This declaration must be accompanied by appropriate documentation (such as a paint receipt or supplier invoice) or contain the appropriate approval. (. The declaration must be drawn up in the form corresponding to the model set out in Appendix 2 to that Annex and must be written at least in English, French or Spanish. If an official language of the flag State is authorised to fly it shall be used to the same extent, it shall prevail in the event of a dispute or disagreement. APPENDIX 1 ------------ in Annex no. 4 --------------- MODEL OF INTERNATIONAL CERTIFICATE FOR THE ANTI-FOULING SYSTEM INTERNATIONAL CERTIFICATE FOR THE ANTI-FOULING SYSTEM (This certificate will be supplemented with a List for antivegative systems) ((official seal) (State) Issued by virtue of provisions International Convention on the Control of Antivegetal Systems harmful used in ships from the Government's empowerment ............................. ((state name) by the .................................... ((person or organisation authorised) If a Certificate has been issued in advance, this Certificate shall replace the certificate of the date.............. ........................................................... Number or distinguishing letters.................................... Port of registration............................................ Gross tonnage................................................... Number IMO2)................................................... ___________ ___________ 1) Alternatively, the peculiarities of the ship may be horizontally framed in boxes. 2) In accordance with the Scheme with IMO vessel identification numbers adopted by the Organization by Assembly Resolution A. 600 (15). A verified anti-fouling system according to Annex 1 has not been applied during the construction of this vessel or after it...................................................... [] An antivegetative system verified according to Annex 1 was applied in advance to this vessel, but was replaced by........... ((insert name of installation) to...... ((date).......... [] An antivegetative system verified according to Annex 1 was applied in advance to this vessel, but was covered with an insulating protective layer applied with.............................. ((insert name of installation)................. to............ ((date)............ [[] An anti-fouling system verified in relation to Annex 1 applied to this vessel before................. ((date) 3), but must be replaced or covered with an insulating protective layer before...................... ((date) 4)................ [[] ___________ 3) Date of entry into force of the control measure. 4 4) The expiry date of any implementation period specified in Article 4 (2) or Annex 1. IT IS HEREBY CERTIFIED THAT: 1. The ship was inspected in accordance with the provisions of Rule 1 of Annex 4 of the Convention; and 2. Following the inspection it was found that the vessel's anti-fouling system meets the applicable requirements of Annex 1 to Convention. Issued...................................................... (Place of issue of the certificate).................. ..................................... (Date of issue) (Signature of the official person authorized to issue the certificate) Date of completion of the inspection on the basis of which this certificate was issued:................... LIST MODEL FOR ANTIVEGETATIVE SYSTEMS LIST FOR ANTIVEGETATIVE SYSTEMS This List must be permanently attached to the International Certificate for the Antivegetative System The characteristics of the ship Name of the ship:....................... .... Number or distinguishing letters:....................... IMO number:....................... Details of the antivegetative system (s) applied (e) Type of system (s) antivegetative (s) used................................................................................................. ............................. ................................................................................................................................... Name of the company (s) and plant (s) (s) where the application was made............................................................................................ Name of the manufacturer (s) of the system (s)................................................................................................................. Name and colour (s) of the system (s)..................................................................................................................... Active ingredient (s) and number (s) of registration in the database of Chemical Abstract Services (number (s) CAS)............................................................................................................................. Type (s) of the insulating protective layer, if applicable............................................................................................................. Name and colour (s) of the insulating protective layer applied, if applicable............................................................................................ Date of application of the insulating protective layer....................................... HEREBY CERTIFY that this List is correct in all respects. ................................................................... (Place of release of the List)..................... ..................................................... (Date of issue) (Signature of the official person authorized to issue List) Approval of Lists5) ___________ 5) This page of the List must be reproduced and added to the List if deemed necessary by the Administration. HEREBY CERTIFY that following the inspection required in accordance with the provisions of rule 1 (1) b) of Annex 4 of the Convention, the ship was found to correspond to the Convention. Details of the antivegetative system (s) applied (e) Type of system (s) antivegetative (s) used................................................................................................. ............................. ................................................................................................................................... Name of the company (s) and plant (s) (s) where the application was made............................................................................................ Name of the manufacturer (s) of the system (s)................................................................................................................. Name and colour (s) of the system (s)..................................................................................................................... Active ingredient (s) and number (s) of registration in the database of Chemical Abstract Services (number (s) CAS)............................................................................................................................. Type (s) of the insulating protective layer, if applicable............................................................................................................ Name and colour (s) of the insulating protective layer applied, if applicable............................................................................................ Date of application of the insulating protective layer....................................... Signed:................................................ (Signature of the official person authorized to issue the List) Place:............................ Data6):.............................. ___________ 6) The date of termination of the inspection at which this approval was made. (Seal or stamp of authority) ----------- * 5) This page of the List must be reproduced and added to List if deemed necessary by the Administration. * 6) The date of termination of the inspection at which this approval was made. APPENDIX 2 ------------ in Annex no. 4 --------------- MODEL STATEMENT ON THE ANTI-FOULING SYSTEM STATEMENT ON THE ANTI-FOULING SYSTEM Drafting according to International Convention on Systems Control harmful anti-fouling used in ships Name of vessel................................................................. Number or distinguishing letters.................................................. Port of registration.......................................................... Length...................................................................... Gross tonnage....................................................... IMO number (if applicable)....................................................... I declare that the anti-fouling system used in this vessel corresponds to Annex 1 to the Convention...................... ........................................................... ((Date) (Signature of the shipowner or authorised representative of the shipowner) Approval of the system (s) antivegetative (s) used (s) Type of the antivegetative system (s) used and given (s)......................................... ............................................................................... ........................................................... (Date) (Signature of the shipowner or authorised representative of the shipowner) Type of the system (s) antivegetative (s) used and given (s)..................................................................... ............................................. ........................................................... (Date) (Signature of the shipowner or authorised representative of the shipowner) Type of the system (s) antivegetative (s) used and given (s)..................................................................... ............................................. ........................................................... ((Date) (Signature of the shipowner or authorised representative of the shipowner) ------------