Rs 0.747.224.011 Convention Of September 9, 1996, Relating To The Collection, Filing And Receipt Of Waste Occurring In Rhineland And Indoor Navigation (With Annexes)

Original Language Title: RS 0.747.224.011 Convention du 9 septembre 1996 relative à la collecte, au dépôt et à la réception des déchets survenant en navigation rhénane et intérieure (avec annexes)

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0.747.224.011 original text Convention to the collection, filing and receipt of waste occurring in Rhineland and inner navigation concluded in Strasbourg on 9 September 1996, approved by the Federal Assembly on 19 December 1997 Instrument of ratification deposited on 16 July 1998 by the Switzerland entered into force for the Switzerland November 1, 2009 (Status January 1, 2011) the Federal Republic of Germany the Kingdom of Belgium, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Swiss Confederation, whereas prevention as well as the collection, filing and the receipt of the waste for recycling and disposal for reasons of protection of the environment as well as security and well-being of personnel and the users of navigation make an imperative for inland navigation and the branches of the economy that are related and they want to make a greater contribution in this field, convinced that it is important for this purpose implement regulations uniform coordinated on the international level in order to avoid distortions of competition, convinced that the collection, filing, reception and disposal of waste occurring on Board should be financed taking account of the polluter-pays principle Noting in particular that the perception of compensation for the receipt and disposal of oily and greasy waste occurring during the operation of the building, set uniformly at the international and based on the volume of gas sold oil to inland navigation, does not affect the principle of exemption from customs duties and other taxes in the riparian States of the Rhine and Belgium as specified in the agreement of 16 May 1952 plan customs and tax of diesel consumed as refuelling of dashboard in the navigation rhinehesse, expressing the wish that other States whose inland navigation channels are connected to those Contracting States adhere to the Convention, have agreed to the following: provisions general art. 1 definitions for the purposes of the application of this agreement the following terms mean: has) "waste occurring on board": substances or objects defined in the let. ((b)-f) below and whose holder discards or intention or obligation to divest; b) "waste occurring during the operation of the building": waste and waste water occurring on board the fact of exploitation and maintenance of the building; part oily and greasy waste and other waste occurring during the operation of the building; c) "oily and greasy waste occurring during the operation of the building": used oil, bottom waters of dock and other oily or greasy, waste such as used FAT, used filters, used rags, containers and packaging of these waste; d) "substantive bilge water. ((: oily water from bilges of the engine room, peak, cofferdams and the compartments side; e) "other waste occurring during the operation of the building": domestic sewage, garbage, sludge cleaning, slops and other special waste as defined in the regulations, part C; f) "cargo-related waste": waste and waste water occurring on board the vessel because of the cargo; do not part the remaining cargo and the residues of handling as defined in the implementing regulation, part B; g) 'building': inland waterway craft, ship or buoyant apparatus; h) "passenger vessel": a ship built and equipped for the transport of passengers; i) 'ship of sea': admitted to marine or coastal navigation and boat assigned to main title to this navigation; j) "receiving station". ((((: building or facility on land approved by the competent authorities to collect waste occurring on board; k) 'driver': person who ensures the conduct of the building; l) 'motorized building': building with the main engines or auxiliaries, excluding the anchor windlasses motors, internal combustion engines; m) "diesel": fuel exempt from customs duties and other rights and intended for inland navigation vessels; n) "fueling station. ((((: station where buildings buy their diesel; o) 'operator of the handling facility': person making professional the loading or unloading of buildings; p) "charterer": person who gave the order of transport; q) 'carrier': person who, as a professional, supports execution of freight transport; r) 'recipient of the cargo': person authorized to take delivery of the cargo.

2012 1279 RO. The replacement of this expression has been considered throughout the text.

Art. 2 geographical scope this Convention applies on the waterways referred to in annex 1.

Special provisions Obligations dependants of States art. 3 prohibition of discharge and rejection (1) it is prohibited to throw, to dump or to leave from the buildings, in the waterways referred to in annex 1, waste occurring on board as well as parts of cargo.
(2) Contracting States shall enforce the ban referred to the by. 1 of the present article.
(3) exceptions to this prohibition are permitted only in accordance with the provisions of Schedule 2 and its appendages below called "implementing regulation".

Art. 4 ground stations (1) the Contracting States undertake to install or have installed on the waterways referred to in annex 1 a sufficiently dense network of receiving stations and coordinate it internationally.
(2) the Contracting States, in accordance with the regulations, introduce a uniform procedure for the collection and deposit of waste occurring on board with receiving stations. This procedure involves for the waste referred to in art. 1, let. (c), (d) and f) the production of an attestation of regulatory filing of these wastes. The regulatory filing of slops and sludge from dredging as defined in the regulations, part C, shall be attested on the basis of national provisions.
(3) reception stations are required to collect, in the manner prescribed by the regulations, the waste occurring on board.
(4) the Contracting States ensure respect by the stations of receipt, in accordance with the national provisions, the obligation to collect waste occurring on board.

Art. 5 principle of financing contracting States introduce uniform financing terms for the receipt and disposal of waste occurring on board.

Art. 6 reception and disposal of oily and greasy waste occurring during the operation of the building (1) funding reception and disposal of oily and greasy waste occurring during the operation of the buildings is funded compensation from elimination on motorized buildings that use diesel fuel, excluding sea vessels. The amount of compensation is the same in all Contracting States. It is fixed according to the procedure laid down in the regulations, part A, on the basis of the sum of the costs of the reception and disposal, net of any revenue generated by the recycling of oily and greasy waste occurring during the operation of the building, and the quantity of fuel delivered. It is adapted to the evolution of the costs. To promote waste reduction, criteria must be established and taken into consideration in setting the amount of the compensation for elimination.
Paid remuneration of elimination will be exclusively allocated to funding reception and disposal of oily and greasy waste occurring during the operation of buildings.
(2) the procedure to the by. 1 above will be reviewed if necessary in the light of the experience gained during the operation of the system.
(3) the right to the deposit of oily and greasy waste occurring during the operation of the building in the receiving stations designated by national institutions is opened as soon as the payment of the compensation for elimination.
(4) Contracting States shall ensure that drivers and refuelling stations meet, including at each delivery of diesel, the obligations under the regulations, part A.

Art. 7 funding reception and disposal of other waste occurring during the operation of the boat (1) in ports, handling facilities as well as locks and parking areas, reception, and the elimination of garbage are not being a perception of specific rights.
(2) in regard to the reception and the elimination of other special waste, Contracting States will take concerted relating to a system of funding provisions for reception and these waste disposal costs are included in port charges or parking, or charged in another way in the building, independently as the latter filed or does not file such waste.

(3) for passenger vessels, costs of reception and the elimination of domestic wastewater and sludge from dredging as well as household waste and other special waste may be charged to part in the driver.
(4) reception and the elimination of the slops costs may be charged to part in the driver.

Art. 8 financing of the unloading of the remains, wash as well as the reception and the elimination of waste related to cargo (1) the charterer or the receiver of the cargo supports the costs of unloading of the remains and the wash of the building as well as reception and the elimination of waste related to the cargo in accordance with the implementing regulation Part (B) (2) if prior to loading the building is not according to the required discharge standard and if the charterer or the intended recipient of the cargo transport preceding has fulfilled its obligations, the carrier shall bear the costs caused by the unloading of the remains and wash of the building and by the reception and the elimination of waste related to the cargo.

Art. 9 national institution (1) each Contracting State shall appoint the national institution responsible for the Organization of the system of uniform funding of the reception and disposal of oily and greasy waste occurring during the operation of the building in the terms laid down in the implementing regulation, part A. (2) the composition and procedures of the Organization and the functioning of the national institution are laid down by national provisions taken by Contracting States. The national institution should include representatives of inland navigation.
(3) operation and administration of each national institution fees charged to each of the Contracting States.

Art. 10 international financial equalization - International Forum of Equalization and coordination (1) international financial equalisation is carried out in accordance with the provisions of this Convention and its implementing regulations, part A. (2) there is created an international forum of Equalization and coordination. It shall include the following tasks: a) to ensure financial institutions equalization national for the receipt and disposal of oily and greasy waste occurring during the operation of the building in the manner prescribed by it on the basis of the provisions of the regulations, part A; b) review to what extent in place receiving stations network must be adapted to the needs of navigation and the efficiency of eliminating; c) proceed to a (annual evaluation of the financing system of the reception and disposal of oily and greasy waste occurring during the operation of the building in accordance with article 6, on the basis of the lessons learned from practice; d) to make proposals for adaptation of the amount of the compensation for removal to the evolution of costs; e) make proposals to take account, financial technical measures aimed at reducing waste.

It is composed of two representatives from each national national institution including a representative of the profession of inland navigation.
(3) the international Equalization and coordination body establishes its rules of procedure, which shall determine the terms of the international financial equalization unanimously.
(4) the Organization of the international forum of Equalization and coordination is set out in the regulations, part A. (5) the secretariat of the international forum of Equalization and coordination is provided by the Secretariat of the Central Commission for the Navigation of the Rhine.
(6) the costs of the international forum of Equalization and coordination are planned in advance for the following year in a budget to which the Contracting States contribute equally.

Obligations and rights of the concerned art. 11 general vigilance duty driver, the other crew members, the other people on board, the shipper, the carrier, the consignee of the cargo handling facilities operators as well as receiving stations operators are required to show all the vigilance control the circumstances, in order to avoid pollution of the waterway, to minimize the amount of waste occurring on board and avoid as much as possible all mixture of different categories waste.

Art. 12 obligations and rights of the driver (1) the driver can waste occurring on board with receiving stations in each of the Contracting States as laid down by the implementing regulation.
(2) the driver is required to meet the obligations laid down in the implementing regulation. In particular, it must comply with the ban which is made, except as provided in the regulations, throwing, dumping or let flow into the waterway from the building all waste occurring on board as well as parts of cargo.
(3) lack of responsibility of the driver, the carrier, the owner or the owner of the building are in this responsible for order of the observation of the obligations under this Convention.

2012 1279 Art. RO 13 obligations of the carrier, the charterer and the receiver of the cargo as well as the operators of facilities handling and receiving stations (1) the carrier, the shipper, the consignee of the cargo as well as handling or receiving stations facilities operators are required to comply with the obligations imposed on them, each one for what concerns in the conditions determined by the implementing regulation.
(2) the recipient of the shipment is required to accept the remaining cargo, residue from handling and cargo-related waste. He may appoint a third party for this task.

Conference of the Contracting Parties art. 14 organization and contracting skills (1) the Parties shall set up a Conference of the Contracting Parties responsible for the control of the application of the provisions of this Convention.
This Conference meets annually. It may be convened in extraordinary session at the request of at least two Contracting Parties.
(2) the Conference examines and decides on amendments to this Convention and its annexes according to the procedure laid down in art. ((19. (3) the Conference shall adopt, on a proposal from the international body of Equalization and coordination: a) annual financial equalization; b) the determination of the amount of the compensation for elimination for the next year according to the procedure laid down in art. (6 of the present Convention; c) changes to the interim and annual financial equalisation procedure; d) reductions in the amount of compensation as a result of the technical measures taken on ships to reduce the production of waste.

The Conference recommends to Contracting States, on a proposal from the international body of Equalization and coordination, the adaptation of the network of receiving stations.
(4) the Conference decides disputes concerning the interpretation and application of this Convention as well as the disputes rising within the international body of Equalization and coordination without this can result to suspend the current interim financial equalization.
(5) the Conference establishes its rules of procedure unanimously.
(6) the Conference fixed in advance for the following year its budget to which the Contracting States contribute equally.

Art. 15 secretariat for the purposes of this Convention, the Secretariat of the Conference of the Contracting Parties shall be provided by the Secretariat of the Central Commission for the Navigation of the Rhine.

Sanctions art. 16 Contracting States sanctions repress the offences committed in their territory, on the obligations and prohibitions set forth in this Convention and its implementing regulations, in accordance with their respective national provisions.

Final clauses art. 17 signature, ratification and accession (1) this Convention is open for signature by the Federal Republic of Germany, the Kingdom of Belgium, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and Switzerland from June 1, 1996 to September 30, 1996.
(2) this Convention is subject to ratification, acceptance or approval by the signatory States. The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Central Commission for the navigation of the Rhine.
(3) after its entry into force, this Convention is open to accession by all States whose inner waterways are linked to those of the Contracting States. The instruments of accession shall be deposited with the Secretary General of the Central Commission for the navigation of the Rhine.

Art. 18 entry into force the present Convention will be effective the first day of the second month following the deposit of the last instrument of ratification, acceptance or approval of the signatories. It will enter into force for any other party the first day of the second month following the deposit of its instrument of accession.


Art. 19 amendments of this Convention and its annexes (1) each Contracting Party may propose amendments to this Convention and its annexes. The proposed amendments are considered by the Conference of the Contracting Parties.
(2) the text of each amendment and its design will be presented to the depositary who shall communicate the proposal to the Contracting Parties no later than three months before the start of the Conference. All positions taken by received about such a proposal will be communicated to the Contracting Parties by the depositary.
(3) amendments to this Convention and its annexes are adopted unanimously.
(4) the amendments to this Convention are subject to ratification, acceptance or approval by the Contracting Parties. They take effect the first day of the sixth month after the deposit with the depositary of the last instrument of ratification, of acceptance or approval.
(5) amendments to the annexes to this Convention come into force on the agreed date, at the latest within a period of nine months after their adoption, unless within a period of six months one of the Contracting Parties did know that she was refusing these amendments.

Art. 20 denunciation (1) this Convention may be denounced by any Contracting Party by notification addressed to the depositary at any time, five years after the date on which the Convention entered into force for that party.
(2) the denunciation shall take effect the first day of the month following the expiration of one year from the date on which the notification is received, no earlier however after the closure of the annual financial adjustment for the previous year, or at the expiration of such longer period specified in the notification.

Art. 21 depositary (1) the Secretary General of the Central Commission for the navigation of the Rhine is the depositary of this Convention. A record of the deposit of the instruments of ratification, acceptance, approval or accession will be drawn up by the care of the depositary, which will be given to each of the parts referred to in art. 17, by. 1, as well as to each party which has acceded to this Convention a certified copy in line of such instruments as well as of the minutes of filing.
(2) the depositary shall forward certified copies of the present Convention, in the languages referred to in art. 22, to each of the parts referred to in art. 17, by. 1, as well as to each party which has acceded to this Convention.
(3) the custodian ensures without delay information and communication with each of the Parties referred to in art. 17, by. 1, as well as to each party which has acceded to this Convention: has) any new signature as well as from the date on which this signature intervened; b) documents referred to in art. 19, by. 2; c) text of each amendment to this Convention and its annexes, in the languages referred to in art. 22; d) the date of entry into force of this Convention, as well as amendments to this Convention and its annexes; e) communications of the Contracting Parties informing them that they oppose an amendment of the annexes so that any other communications prescribed in one of the articles of this Convention; f) of any denunciation of this Convention and the date on which it takes effect.

Art. 22 languages this Convention is established in a single original copy in German, French and Dutch, each text being equally authentic.
In faith of what, the undersigned, duly authorized to that effect, have signed this Convention.
Done at Strasbourg, on 9 September 1996.
(Follow signatures)

Annex 1 waterways referred to in art. 2 Germany: All of inland navigation for general traffic.
Belgium: All accessible to inland waters.
France: Regulations, part A: the Rhine, the Mosel channeled (up to Metz, p.k. 298.5).

Regulations, parts B and C: the Rhine, the Mosel channeled up to Neuves-Maisons, p.k. 392,45, Niffer-Mulhouse, the channel canal lock bridge smart (p.k. 0,0) and the Franco-Belgian border (p.k. 36,561), the channel to full-size between Malin bridge (p.k. 0,0) lock and the lock of Mardyck (p.k. 143,075), the channel between Bauvin (p.k. 0,0) and the Franco-Belgian border (p.k. 33,850).

Grand Duchy of Luxembourg: Moselle Netherlands: all accessible to inland waters.
Switzerland: Rhine between Basel and Rheinfelden.

Status as of January 1, 2011 annex 2 regulations part A collection, filing and reception of oily and greasy waste occurring during the operation of the building chapter I Obligations of receiving stations art. 1.01 statement of filing Chapter II Obligations of the driver receiving stations operators attest to the building the filing of oily and greasy waste occurring during its operation in the test book of used oil according to Appendix I. Chapter II Obligations of the Art. driver 2.01 ban spill and rejection (1) shall throw, dump or let flow into the waterway from the buildings of oily and greasy waste occurring during the operation of the building.
(2) in the case of accidental discharge of waste referred to the by. 1 above or threat of a such spill, the driver must immediately notify the nearest competent authorities indicating as precisely as possible the nature, quantity and location of the spill.
(3) except the intended ban to the by. 1, the discharge into the waterway of water separated by approved de-Oilers boats if the maximum content of residual oil in the output is continuously and without prior dilution in accordance with national requirements.

Art. 2.02 collection and treatment on Board (1) the driver must ensure the collection separated on board oily and greasy waste occurring during the operation of the building in containers provided for this purpose or water background wedge in the holds of the rooms machines.
Containers should be stored in such a way that any leakage of material can easily be found and prevented in time.
((((2) it is prohibited: a) to use mobile tanks stored on the bridge as waste oil collection tanks; b) to burn waste on board; c) to introduce into the slots of the solvent cleaning products hold the oil and grease or emulsifiante action. Are exempt products that don't make no more difficult substantive bilge water purification by receiving stations.

Art. 2.03 control book of used oil, deposit at receiving stations chapter III Organisation and financing of the elimination of oily and greasy waste occurring during the operation of the building (1) every motorized building that uses the fuel, must have on board a valid waste oil control book, issued by the competent authority according to the model of Appendix I. This card must be kept on board. After its renewal, the previous book must be kept on board for six months following the last entry.
(2) the oily and greasy waste occurring during the operation of the building must be filed, against receipt, in the ground stations at regular intervals, determined by the State and operation of the building. This proof is an entry in the logbook control of waste oil by the receiving station.
(3) ships to sea with an oil record book as provided for in the International Convention for the prevention of pollution by ships (Marpol) are exempt from the holding of the control book to the by. 1. Chapter III Organisation and financing of the elimination of oily and greasy waste occurring during the operation of the building art. 3.01 definitions for the purposes of the application of this chapter, the following terms mean: a) ' carrier' physical or legal person who provides for the expenses related to the operation of the building, including the purchase of fuel, or failing that, the owner of the building; b) "SPE-CDNI" electronic payment system, including accounts (ECO-), magnetic cards (GREEN cards) and mobile electronic devices.

Art. 3.02 national institution national institution receives compensation from elimination and submits to the international body of Equalization and coordination of proposals for the definition of the network of receiving necessary national stations. It is also especially to record regularly according to a uniform model internationally eliminated quantities of oily and greasy waste occurring during the operation of the building as well as the sum of payments to eliminate perceived. The national institution or the competent authority controls the disposal costs. The national institution is represented at the international forum of Equalization and coordination and should especially pay dates the interim and final amounts determined by this body and due to the title of financial equalization to other national institutions.


Art. 3.03 perception of removal compensation (1) the removal compensation amounts to 7.5 euros (plus VAT) for 1000 l of diesel fuel issued. The calculation of the amount shall be based on the volume of gas oil corresponding to the volume at 15 ° C.
(2) the debtor of the compensation for elimination is the carrier.
(3) the compensation for elimination is to perform during the refuelling. The amount of the transaction in respect of the compensation for removal must be proportional to the amount of diesel fuel issued.
(4) the payment of the compensation for elimination is done through the SPE CDNI. National institutions operate the SPE CDNI.
(5) the procedure for discharge of elimination using SPE-CDNI compensation is based on the principle of the payment of an adequate amount by the carrier to a national institution, on which payments of eliminations due later are collected. The procedure includes the following steps: a) opening at the request of the carrier or his agent to an ECO-account with the institution of his choice; b) issuance by this institution of one or several ECO-cards giving access to the ECO-account concerned c) payment by the carrier or his agent to the credit of the ECO account concerned an adequate amount to the bank account of the institution to pay for fees for payment of the compensation for elimination; Elimination; d) the acquittal of elimination, imputed compensation on the ECO-account concerned through the ECO-card and processing of the transaction which is performed by the refuelling station using a mobile electronic device. For this purpose, the ECO-card driver again refuelling during refuelling station.

(6) by way of derogation to the by. 4, eliminating compensation is paid by the application of a procedure written in the following special cases: a) the SPE CDNI fails or is out of service; b) the driver does not have ECO-card or the ECO-map is not valid; c) the concerned ECO-account balance is insufficient.

(7) in the cases referred to the by. 6, the fueling station communicates to the national institution of the country where it is, in a period not exceeding seven days, the data necessary for payment of compensation relating to delivery of diesel concerned elimination. The national institution makes arrangements for the collection of due payments. If necessary, it can put the folder to another national institution.
(8) in the case referred to in the by. 6, let. ((b) and (c), administrative costs must be paid by the carrier to the national institution of the country where the refuelling took place; the amount of these expenses is set in a uniform manner for all the Contracting Parties by the international forum of Equalization and coordination.
(9) in individual cases where according to the national institution for the application of the procedure provided for in the by. 4 and 5 for the acquittal of the compensation for elimination is not suitable, it is empowered to implement the individual arrangements relating to the delivery of diesel and the payment of the compensation for elimination. These arrangements, which must be notified to the international body of Equalization and coordination, must comply with the other provisions of this chapter.
(10) the terms of implementation of the procedures mentioned in this article are to be determined at the national level after coordination within the international body of Equalization and coordination.

Art. 3.04 control the perception of compensation of elimination and the costs of reception and disposal (1) proof of diesel supply must be established by the refuelling for each diesel refuelling station. It must include at least the following information: name of the building, European unique identification number of the boats, or any other information allowing the identification of the building, the name of the carrier or the driver, amount of diesel fuel avitaillée/discount (in litres for the volume at 15 ° C) rounded to the nearest litre, place and date, signature of the driver and the fueling station.
(2) the receipt relating to the transaction of elimination through the SPE CDNI compensation must be attached to the proof of diesel supply. A copy of the proof of supply and the receipt is given to the driver who shall retain it on board for at least twelve months. Copies of the proof of supply and the receipt are kept by the station of refuelling for at least twelve months.
(3) in the case of the application of the written procedure under art. 3.03, by. 6, the fueling station shows on the receipt of supply that the carrier is not acquitted of removal compensation.
(4) the agreement between the amounts of diesel avitaillées by buildings and the amount of paid remuneration of elimination is controlled by the national institution or the competent authority on the basis of receipts of diesel supply to be presented by the refuelling stations.
(5) the competent authority can control the vessels the payment of the compensation for disposal as well as the quantities eliminated from oily and greasy waste occurring during the operation of the building, including comparing the travel included in the edge documents appropriate with the instructions on the diesel supply credentials.
(6) the national institution or the competent authority can control data on the amounts eliminated and disposal costs on the basis of the appropriate documents to receiving stations.
(7) the national institution or the competent authority is empowered to control data on the amounts of diesel fuel issued to vessels subject to the payment of the compensation for elimination.
(8) the terms of the procedures mentioned in this article are to be determined nationally after coordination within the international body of Equalization and coordination.

Chapter IV equalization international financial art. 4.01 International Forum of Equalization and coordination (1) the international forum of Equalization and coordination meets once per year in the last quarter to stop the financial adjustment for the previous year and propose, as appropriate, to the Conference of the Contracting Parties the amount of removal compensation and the necessary adaptation of the network of receiving stations in place given the needs of navigation and the efficiency of the elimination. It may meet at any time on the proposal of the secretariat or when requested by the representatives of two national institutions.
(2) the international Equalization and coordination body fixed in its rules of procedure procedures and uniform procedures for implementation of the interim and annual equalizations.
(3) all financial transactions relating to the compensation for elimination are expressed in euros.

Art. Interim financial equalization 4.02 (1) national institutions communicate to the secretariat of the international forum of Equalization and coordination on a quarterly basis, on 1 February, 1 may, 1 August and 1 November: has) the quantities of oily and greasy waste collected and eliminated during the previous quarter; b) total costs of reception and the elimination of the quantities to the let. ((a) above; c) diesel quantities delivered to vessels subject to the obligation of payment of the compensation for elimination; d) the total amount of payments to eliminate perceived; e) the financial consequences of measures referred to in art. 6, by. 1, fifth sentence of the Convention.

The details of this procedure are adopted by the international body of Equalization and coordination.
(2) for each quarter, based on the reported figures according to the by. 1 above and applying the procedure of equalization under art. 4.04 below, the international forum of Equalization and coordination calculates the provisional amounts of quarterly financial equalization and passes them on to national institutions within a period of two weeks after receipt of all the planned communications to the by. 1. (3) debtor national institutions in respect of the quarterly financial equalization are required to make payments to the creditor institutions, within a period of four weeks after receipt of the payment order.

Art. 4.03 annual financial equalization (1) national institutions present to the secretariat of the international forum of Equalization and coordinating their annual accounts for the last financial year, no later than 15 October of the current year. During its regular meeting, the international forum of Equalization and coordination sets the financial adjustment for the previous year.
(2) national institutions are required to make the payments due to the title of the final financial adjustment for the previous year in accordance with art. 4.02, by. 3 above.

Art. 4.04 the fiscal equalization part B procedure

Collection, filing and receipt of cargo-related waste chapter V General provisions the financial adjustment referred to in art. 4.02 and 4.03 above is determined as follows for each national institution: where: Cn amount of Equalization of a national institution N. positive sign: the institution is credit in respect of equalization. Negative sign: the institution is indebted in respect of equalization.

Xn revenue payments of elimination of a national institution N in accordance with art. 4.02, by. 1, above.

Zn actual receipt and disposal costs of a national institution N in accordance with art. 4.02, by. 1, above.

S Xn sum receipts of payments of elimination of all national institutions.

S Zn amount actual receipt and disposal costs of all national institutions.

(2) Cn amounts less than a minimum percentage of revenues of the compensation for elimination of a national institution N do not subject to an equalization. The minimum percentage is set by the international forum of Equalization and coordination.
Part B collection, filing and receipt of waste related to the chapter V provisions cargo General art. 5.01 definitions for the purposes of the application of this part the following terms mean: 'a) exclusive transport': successive transport during which the same cargo or another cargo which routing does not require prior cleaning of holds or tanks is transported in the hold or the tank of the building; b) ' remaining cargo": cargo liquid remaining in the tanks or in the pipes after unloading without the use of a system of drying and dry cargo remaining in the holds After unloading without the use of brushes, sweepers or suction facilities; mechanical c) "cargo residues": liquid cargo which cannot be evacuated tanks or pipes by the system of drying and dry cargo which the hold can be cleared by the use of mechanical sweepers, brushes or suction facilities; d) 'dry system': System in line with Appendix II to empty and dry as completely as possible the tanks and the pipes except for East of cargo residues cannot be evacuated by dewatering; e) "handling residues": cargo which falls on the building outside the hold during handling; e) "swept hold": hold the remaining cargo using means of cleaning such as brooms or sweepers, without the aid of suction or washing devices and where remain of cargo residue-free; g) "dry cistern". ((: tank cleared the remaining cargo using a drying system and where remain of cargo residues; h) 'sucked cale': wedge of the remaining cargo using the technique of aspiration and where there are significantly fewer residues of cargo in the hold swept; i) 'unloading of the remains': evacuation of remaining out of the holds respectively cargo of tanks and pipes by means appropriate (e.g. brushes (, sweepers, suction facility, drying system) that allow to reach the standard of unloading: - "swept" or "aspired" to the hold - "dried up" for the cistern, as well as evacuation of the residues of packaging and means of stowage and handling;
(((j) ' wash': evacuation of residues of cargo out of the holds scanned or sucked and tanks dried out using water or water vapour; k) 'hold or tank washed': hold or tank which after washing is generally appropriate for any category of cargo; l) "wash water": water during washing of the scanned or sucked holds or dry tanks. Belong also the ballasting water and precipitation water from these holds or tanks.

Art. 5.02 obligation Contracting States the Contracting States undertake to put or to put in place the infrastructure and other conditions necessary for the filing and receipt of remaining cargo of residue handling, cargo residues and wash water within a period of five years after the entry into force of this Convention.

Art. 5.03 sea chapter VI Obligations ships to load drivers present part B applies to loading or unloading of sea vessels in seaports located on maritime waterways.
Chapter VI Obligations responsibility of drivers art. 6.01 ban spill and rejection (1) shall throw, dump or let flow into the waterway from the buildings in parts of cargo and the cargo-related waste.
(2) are excepted from the prohibition of the by. 1 above the wash water containing cargo residues which the discharge into the waterway is explicitly permitted in accordance with Appendix III provided that the provisions of this Appendix have been met.
(3) in the event of a spill of materials for which Appendix III prescribed exclusively a repository for special treatment or threats of such a spill, the driver must notify the nearest competent authorities without delay indicating the place and the quantity and nature of the spill with as much precision as possible.
(4) the competent national authority appreciates the eligibility of the dumping of waste related to the cargo from goods which are not on the list of the goods listed in Appendix III of the regulations and sets a standard of interim discharge.
The Conference of the Contracting Parties is considering this proposal and where appropriate completes the list of goods.

Art. 6.02 transitional provisions (1) the following transitional provisions shall apply for a period of five years after the entry into force of the Convention: has) with regard to the dry cargo: - there where at Appendix III is required discharge standard 'sucked State', the standard of unloading 'swept State' is allowed, - there where at Appendix III is required the rejection of wash water in sewerage the discharge into the waterway is allowed if the standard of unloading 'swept State' has been respected;

(b) with respect to the liquid cargo:-the drying up of the tanks in accordance with art. 7.04 is not required, however existing systems must be used to the extent possible, even if they are not yet compliant to Appendix II.

(2) if the requirements are met for the respect of the discharge standard "State sucked" for the filing of the waters of wash from receiving stations or for the dewatering of tankers, the national competent authority may prescribe, all or part of its territory, that even before the end of the transitional period the provisions of Appendix III are applicable without restriction for the types of goods concerned. The national competent authority informs the Conference of the Contracting Parties beforehand.

Art. 6.03 certificate of unloading Chapter VII Obligations of the carrier, the shipper, the consignee of the cargo and the operator of the handling facility (1) any building that has been unloaded in a point within the scope of this Convention must have on board a certificate of valid discharge according to Appendix IV.
The certificate of unloading must be kept on Board at least six months after its issuance.
When it comes to a building without a crew, the certificate of unloading can be kept by the carrier at one place other than onboard.
(2) for the unloading of the remains as well as the filing and the receipt of cargo-related waste discharge standards and the requirements of Appendix III relating to the deposit and receipt are applicable.
(3) after loading the building can continue his journey when the driver will be provided to handling residues have been removed.
(4) the building can continue travelling after unloading until the driver has confirmed in the certificate of unloading the remaining cargo as well as took the residue of handling supported.
(5) the provisions of the by. 4 above do not apply to vessels engaged in exclusive transport.
(6) when the holds or tanks are washed and that wash water may not be discharged into the waterway under unloading standards and prescriptions of Appendix III relating to the filing and the reception, the building can continue its journey until the driver has confirmed in the certificate of discharge wash water have been taken into deposit or that a receiving station has been designated.
Chapter VII Obligations of the carrier, the shipper, the consignee of the cargo and facility handling Art. operator 7.01 proof of receipt


(1) in the certificate of discharge referred to in art. 6.03 above, the receiver of the cargo attests to the building the unloading of the cargo, unloading the remains and, to the extent where it is responsible, the washing of the holds or tanks in cargo as well as the reception of waste related to the cargo or, where applicable, the designation of a receiving station.
(2) if the recipient of the cargo does not collect himself washing water which cannot be discharged into the waterway operator station reception attests to the building reception of wash water.

Art. 7.02 provision of building (1) the carrier puts the building available to the charterer in a standard unloading that cargo can be transported and delivered without damage. As a general rule, this is the case for the standard "swept hold" or "dry cistern" unloading and when the building is free of all residue handling.
(2) it may be agreed in advance of a standard of higher unloading or washing.
(3) with the start of loading operations, the building is considered having been made available by the operator in a State corresponding to the requirements set by the by. 1 or 2 above.

Art. 7.03 loading and unloading (1) the loading and unloading of a building include also measures necessary for unloading of the remains and the washing, provided for by the provisions of the present part B. To the extent possible, the remaining cargo must be added to the cargo.
(2) for loading the charterer must ensure that the building is free of residue from handling. If such residues occur nevertheless, the charterer ensures their elimination after loading unless it has been agreed otherwise.
(3) during unloading, the receiver of the cargo must ensure that the building is free of residue from handling. If such residues occur nevertheless, the receiver of the cargo ensures their elimination. To the extent possible, residue from handling must be added to the cargo.

Art. 7.04 restitution of the building (1) for dry cargo, the receiver of the cargo must ensure that after unloading, the hold is rendered in a State swept or aspirated according to unloading standards and requirements to the deposit and receipt of Appendix III. It is required to collect any remaining cargo as well as any residue handling that occurred on the unloaded vessel.
For liquid cargoes, the charterer must ensure that after unloading, the tank is returned in a dry state. Unless otherwise provided in the contract of carriage, the driver makes the unloading, including the unloading of the remains using a drying system. Piping intended for the collection of the remaining cargo shall be equipped with a connection system consistent with the model of Appendix II 1. When using edge drying system, the pressure in the piping system of the receiver of the cargo before the start of the drying operation, must not exceed 3 bar. The operator of the handling facility is required to collect the remaining cargo.
((2) the obligation to return the hold or the cargo tank in washed condition is the responsibility of the receiver of the cargo in the case of a dry cargo and charterer in the case of a liquid cargo if: has) the building was in this state of cleanliness before the last load and that, if the wash is the responsibility of the receiver of the cargo proof of this is provided by the certificate of unloading for the previous cargo; and (BB) the building has transported goods of cargo residues mixed with the wash water can be dumped into the waterway under unloading standards and regulations for deposit and receipt referred to in Appendix III.

(3) by. 1 and 2 above do not apply to the bilges and tanks of vessels engaged in exclusive transport.
(4) If, at the end of the unloading duration or days of demurrage agreed, the receiver of the cargo or the charterer does not render the building in accordance with the provisions of this article and of art. 7.03 above, the operator may place or to put the building in the prescribed State. All costs, including the costs of the demurrage, as long as they are not attributable to the carrier, are the responsibility of the recipient of the cargo or the charterer.

Art. 7.05 of cargo residues and washings (1) for dry cargo, the receiver of the cargo is required to collect wash water which occur after washing in accordance with art. 7.04, by. 2, or after consultation with the carrier, to designate the driver a receiving station.
(2) the charterer of a liquid cargo shall designate, in the contract of carriage, to the carrier, a receiving station of wash-water that occur after washing according to art. 7.04, by. 2. (3) the receiving station must be located near the place of unloading or on the way to the next place of loading or unloading of the building.

Art. 7.06 fees (1) for dry cargo, the costs of unloading of the remains and the washing of the shims according to art. 7.04 above and by receiving waters of washing according to art. 7.05, by. 1 above, including any costs of waiting and detours that result, are the responsibility of the recipient of the cargo. So is the costs due to precipitation waters who entered the holds after loading and before the end of the unloading referred to in art. 7.03, by. 1, when a transport in covered dock was not agreed.
In the case of exclusive transport for the same charterer, it is obliged to collect at his own expense, before loading, precipitation waters that have penetrated into the holds since the end of the previous discharge.
(2) for liquid cargoes, the costs caused by the unloading of the remains and the tank washing according to art. 7.04 as well as by the receipt of washwater according to art. 7.05, by. 2, above, including any costs of waiting and detours that result, are borne by the charterer.
(3) the costs incurred by the filing of the waters of washing from bilges and tanks that do not conform to the prescribed discharge standards are the responsibility of the carrier.

Art. 7.07 agreement between the shipper and the consignee of the cargo the charterer and the receiver of the cargo can agree between themselves to a different distribution of obligations than those provided by this annex as far as having no consequences for the carrier.

Art. 7.08 transfer of rights and obligations of the charterer or the receiver of the cargo to the handling facility operator when the shipper or the consignee of the cargo services to a handling facility for the loading or unloading of a building, the operator of this facility is subrogated in the rights and obligations of the charterer or the receiver of the cargo referred to in art. 7.01, by. 1 as well as the art. 7.03, 7.04 and 7.05. With regard to art. 7.06, this subrogation only applies to evacuation and reception of waste handling costs.

Art. 7.09 transport documents part C collection, filing and receipt of other waste occurring during the operation of the chapter VIII General provisions the charterer building mentioned in the contract of carriage and transport documents the name and number four-digit according to Appendix III of each category of materials that it has handed over to the transport.
Part C collection, filing and receipt of other waste occurring during the operation of the building Chapter VIII provisions general art. 8.01 definitions for the purposes of the application of this part the following terms mean: a) "domestic waste water": wastewater from kitchens, dining rooms, rooms of water and laundry rooms as well as fecal waters; b) "household refuse": organic and inorganic wastes from households and gastronomy on board, however not components containing other defined waste occurring during the operation of the building; c) "dredging sludge. ((: residues occurring on board the vessel during the operation of a sewage on board; d) "slops": mixtures of cargo residues with scraps of washwater, rust or mud, able or not to be pumped; e) "other special waste": waste occurring during the operation of the ship other than oily and greasy and waste other than waste referred to in the let. (a) d); f) "passenger cabin boat": a passenger vessel with cabins for passengers night's stay.

Art. 8.02 obligations of Contracting States chapter IX Obligations of the driver (1) the Contracting States undertake to put or make available to for garbage reception facilities:

(a) handling or in ports facilities; b) berths for passenger vessels for passenger vessels that dock there; c) to certain parking areas and locks for navigation of passage.

(2) the Contracting States undertake to install or make install in ports for the slops and other special waste receiving stations, at the latest within a period of five years from the entry into force of this Convention.
(3) the Contracting States undertake to install or have installed, in accordance with the provisions of art. 4, by. 1, of this Convention, at least up to the date indicated in art. 9.01, by. 3, receiving stations for domestic wastewater in some docking stations serving areas usual parking or parking for the night: a) for passenger ships to booths filled more of 50 locations of sleeping; b) for boats to passengers admitted to the transport of more than 50 passengers. Chapter IX Obligations of driver art. 9.01 ban spill and rejection (1) shall throw, dump or let flow into the waterway from the buildings of the garbage of the slops, sludge cleaning and other special waste.
(2) in the case of accidental discharge of waste referred to the by. 1 above or threat of a such spill, the driver must immediately notify the nearest competent authorities indicating the place and the quantity and nature of the spill with as much precision as possible.
(((3) domestic wastewater dumping is prohibited: a) to the ships passengers in cabins with over 50 locations of sleeping after January 1, 2005; b) passenger vessels admitted to the transport of more than 50 passengers from January 1, 2010.

In other cases the dumping of household sewage waters is allowed.
(4) the prohibition to the by. 3 above does not apply to passenger vessels which have a sewage Board respecting the limit values and control mentioned in Appendix V. (5) the prohibition to the by. 3 above does not apply to sea vessels in seaports located on maritime waterways as far as they are subject to the provisions of the International Convention for the prevention of pollution by ships (Marpol).

Art. 9.02 derogations from the ban on dumping of domestic wastewater Contracting States may agree to the vessels referred to in art. 9.01, by. 3, for which the prohibition of domestic wastewater spill is hardly feasible in practice or would entail unreasonable costs, an appropriate procedure for the possibility of derogations and lay down the conditions under which such derogations may be considered as equivalent.

Art. 9.03 collection and processing onboard, filing to receiving stations chapter X Obligations of the operator of the receiving station (1) the driver must ensure the collection on board and filing separate waste referred to in art. 9.01, by. 1 if possible garbage must be filed separately according to the following categories: paper, glass, other recyclables and other rubbish.
(2) the incineration of the waste referred to in art. 9.01, by. 1, is prohibited aboard.
(3) operators of passenger vessels that have a wastewater to comply with Appendix V edge must ensure themselves appropriately to regulatory filing of dredging sludge, against certification on the basis of national provisions.
Chapter X Obligations of the operator of the receiving station art. 10.01 receipt by October 13, 2009 (1) scope receiving stations operator of the receiving station must ensure that waste referred to in art. 9.01, by. 1 can be filed separately.
(2) the operator of the receiving station shall certify to the driver the deposit of slops in accordance with national requirements.
Scope 13 October 2009 States parties Ratification entry into force Germany March 10, 2004 1 November 2009 Belgium September 22, 2009 November 1, 2009 France September 15, 2005 November 1, 2009 Luxembourg may 14, 2002 November 1, 2009 Netherlands 10 July 2000 1 November 2009 Switzerland July 16, 1998 November 1, 2009 updated according to amendment of June 8, 2010 , in force since Jan. 1. 2011 (2010 6379 RO).
Appendices I to V are not published in the RO. Reprints can be ordered at FBL, sale of federal publications, 3003 Bern.

2009 5293 RO; FF 1997 III 349 RO 2009 5291 RS 0.631.253.224.1 State on January 1, 2011

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