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RS 0.747.224.011 Convention of 9 September 1996 on the collection, deposit and receipt of waste in Rhine and Inland Waterways (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 on the Collection, Deposit and Reception of Waste in Rhine and Inland Navigation

Conclue in Strasbourg on 9 September 1996
Approved by the Federal Assembly on December 19, 1997 1
Instrument of ratification deposited by Switzerland on 16 July 1998
Entry into force for Switzerland on 1 Er November 2009

(State 1 Er January 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 and the collection, deposit and receipt of waste for recycling and disposal for reasons of environmental protection, as well as the safety and well-being of staff and users of Navigation is an imperative for inland navigation and for the branches of the economy linked to it and that they wish to make a greater contribution in this area,

Convinced that it is important for this purpose to implement uniform internationally coordinated regulations in order to avoid distortions of competition,

Further convinced that the collection, deposit, receipt and disposal of waste on board should be financed in accordance with the polluter-pays principle,

Finding in particular that the collection of compensation for the reception and disposal of oily and greasy waste arising from the operation of the building, which is uniformly fixed internationally and based on the volume of diesel fuel Sold to inland waterway transport, does not affect the principle of exemption from customs duties and other taxes in the states bordering the Rhine and in Belgium, as specified in the Agreement of 16 May 1952 on the customs and tax system of diesel oil Consumed as a refuelling in the Rhine navigation 2 ,

Expressing the wish that other States whose inland waterways are linked to those of the Contracting States accede to this Convention,

Agreed to the following:

General provisions

Art. 1 Definitions

For the purposes of this Convention, the following terms refer to:

(a)
"Waste on board" means the materials or articles defined in the let. (b) to (f) below and for which the holder is disengaged or has the intention or obligation to dispose;
(b)
"Waste arising during the operation of the building" means waste and waste water on board as a result of the operation and maintenance of the building; it includes oily and greasy waste and other waste arising during the operation of the building. Building;
(c)
"Oily and greasy waste arising during the operation of the building": waste oils, bilge water and other oily or greasy waste, such as waste fats, used filters, used rags, containers and packaging of such waste;
(d)
"Bilge water" means oily water from the bilge funds of the engine room, peak, cofferdams and side compartments;
(e)
"Other waste arising from the operation of the building" means domestic sewage, household waste, curing sludge, slops and other special waste as defined in the Implementing Regulations, Part C;
(f)
"Cargo-related waste" means waste and waste water on board the vessel as a result of the cargo; does not form part of the remaining cargo and handling residues as defined in the Implementing Regulations, Part B;
(g)
"Vessel" means an inland waterway vessel, a sea vessel or a floating craft;
(h)
"Passenger vessel" means a vessel constructed and fitted for the carriage of passengers;
(i)
"Sea vessel" means a vessel admitted to sea or coastal navigation and assigned as a main vessel to that navigation;
(j)
"Receiving station" means a building or a land installation approved by the competent authorities to collect the waste on board;
(k)
"Driver" means the person who conducts the building;
(l)
"Motorized building" means a building whose main or auxiliary engines, excluding anchors of anchors, are internal combustion engines;
(m)
"Diesel fuel" means fuel that is exempt from customs duties and other duties and intended for inland navigation vessels;
(n)
"Refuelling station" means a station where the buildings are supplied with diesel fuel;
(o)
"Operator of the handling facility" means a person who performs in a professional capacity the loading or unloading of buildings;
(p)
"Charterer" means the person who gave the order of carriage;
(q)
"Carrier" 1 : a person who, in a professional capacity, takes charge of the performance of the transport of goods;
(r)
"Consignee of the cargo": person authorised to take delivery of the cargo.

1 RO 2012 1279 The replacement of this expression throughout this text has been taken into account.

Art. 2 Geographical scope of application

This Convention shall apply to the waterways referred to in Annex 1.

Special provisions

Obligations of States

Art. 3 Spill and Release Ban

(1) No person shall dispose of, discharge or dispose of any waste arising on board or parts of the cargo in the waterways specified in Schedule 1.

(2) The Contracting States shall ensure that the prohibition referred to in subs. 1 of this article.

(3) The exceptions to this prohibition shall be permitted only in accordance with the provisions of Annex 2 and its Appendices referred to below as "Implementing Regulations".

Art. 4 Receive stations

(1) The Contracting States undertake to install or cause to be installed on the waterways referred to in Annex 1 a sufficiently dense network of receiving stations and to coordinate it at international level.

(2) The Contracting States shall introduce, in accordance with the Implementing Regulations, a uniform procedure for the collection and deposit of waste on board at the receiving stations. This procedure involves the waste referred to in Art. 1, let. (c), (d) and (f) the production of a certificate of regulatory deposit of such waste. The regulatory deposit of slops and curing sludge as defined in the Regulations, Part C, must be certified on the basis of national provisions.

(3) The receiving stations shall be required to collect, in accordance with the rules laid down in the Implementing Regulation, the waste on board.

(4) The Contracting States shall ensure compliance by the receiving stations, in accordance with the national provisions, of the obligation to collect waste on board.

Art. 5 Principle of funding

The Contracting States shall introduce uniform funding arrangements for the reception and disposal of waste on board.

Art. 6 Financing of the reception and disposal of oily and greasy waste during the operation of the building

(1) The financing of the reception and disposal of oily and greasy waste arising during the operation of the buildings shall be provided by means of a disposal fee levied on motorised buildings using diesel fuel, excluding Marine vessels. The amount of compensation is the same in all Contracting States. It shall be fixed in accordance with the procedure laid down in the Implementing Regulation, Part A, on the basis of the sum of the costs of the receipt and disposal, net of any revenue generated by the recycling of oily and greasy waste Occurring during the operation of the building, and the amount of diesel fuel delivered. It is adapted to the evolution of costs. In order to promote the reduction of waste, criteria must be established and taken into account when determining the amount of the disposal fee.

The disposal costs paid shall be exclusively earmarked for the financing of the reception and disposal of oily and greasy waste during the operation of the buildings.

(2) The procedure referred to in s. 1 above will be reviewed if necessary in the light of experience gained during the operation of the system.

(3) The right to the deposit of oily and greasy waste arising during the operation of the building at the receiving stations designated by the national institutions shall be open upon payment of the disposal fee.

(4) The Contracting States shall ensure that drivers and refuelling stations fulfil, in particular during each delivery of diesel fuel, the obligations imposed on them under the Implementing Regulations, Part A.

Art. 7 Funding for the receipt and disposal of other waste during the operation of the vessel

(1) In ports, handling facilities and parking and lock areas, the reception and disposal of household refuse are not subject to a collection of specific rights.

(2) With regard to the receipt and disposal of other special waste, the Contracting States shall make agreed arrangements for a financing system providing for the costs of receiving and disposing of such waste Shall be included in the port or demurrage charges or otherwise charged to the building, regardless of whether the latter deposits or does not deposit the said waste.

(3) For passenger vessels, the costs of receiving and disposing of domestic sewage and curing sludge, as well as household waste and other special waste, may be charged separately to the driver.

(4) The costs of receiving and disposing of slops may be charged separately to the driver.

Art. 8 Financing of the unloading of remains, washing and the reception and disposal of waste related to the cargo

(1) The charterer or consignee of the cargo shall bear the cost of unloading the remains and washing the vessel as well as the reception and disposal of the waste related to the cargo in accordance with the Regulation Application, Part B.

(2) If prior to loading the vessel is not in accordance with the required standard of unloading and if the charterer or consignee of the cargo concerned by the preceding transport has fulfilled its obligations, the carrier shall bear the costs Caused by the unloading of the remains and washing of the building and by the reception and disposal of the waste related to the cargo.

Art. National Institution

(1) Each Contracting State shall designate the national institution responsible for the organisation of the uniform financing system for the reception and disposal of oily and greasy waste during the operation of the building in the Conditions determined in the Regulations, Part A.

(2) The composition and the arrangements for the organisation and operation of the national institution shall be determined by national provisions adopted by the Contracting States. The national institution shall include representatives of inland navigation.

(3) The costs of running and administering each national institution shall be borne by each of the Contracting States.

Art. 10 International Fiscal Equalization-International Mechanism for Equalization and Coordination

(1) International financial equalization shall be provided in accordance with the provisions of this Convention and its Implementing Regulations, Part A.

(2) An international body for equalization and coordination is hereby established. It is responsible for the following tasks:

(a)
Ensure financial equalisation between the national institutions for the reception and disposal of oily and greasy waste arising during the operation of the building in accordance with the provisions laid down by the Regulations, Part A;
(b)
Examine the extent to which the existing network of receiving stations must be adapted to the needs of navigation and the efficiency of disposal;
(c)
Conducting an annual evaluation of the funding system for the reception and disposal of oily and greasy waste arising from the operation of the building in accordance with Article 6, on the basis of lessons learned;
(d)
Making proposals for the adaptation of the amount of compensation for elimination to changes in costs;
(e)
Make proposals to take into account, in financial terms, technical measures to reduce waste.

It is made up of two representatives from each national institution, including a representative of the national inland navigation profession.

(3) The international body of equalization and coordination shall unanimously establish its rules of procedure, which shall determine the terms and conditions of international financial equalization.

(4) The organization of the international body of equalization and coordination shall be set out in the Implementing Regulations, Part A.

(5) The secretariat of the international forum for equalization and coordination shall be provided by the Secretariat of the Central Commission for the Navigation of the Rhine.

(6) The costs of the international body of equalization and coordination shall be provided for in advance for the following year in a provisional budget to which the Contracting States contribute equally.

Obligations and rights of the parties concerned

Art. 11 Duty to be vigilant

The driver, the other crew members, the other persons on board, the charterer, the carrier, the consignee of the cargo, the operators of the handling facilities and the operators of the receiving stations are Required to show all due diligence, in order to avoid pollution of the waterway, to minimize the amount of waste on board and to avoid as much as possible any mixing of different categories of Waste.

Art. 12 Obligations and rights of the driver

(1) The driver may deposit the waste on board at the receiving stations in each of the Contracting States under the conditions laid down in the Implementing Regulation.

(2) The driver is required to comply with the obligations set out in the Regulations. In particular, it shall comply with the prohibition, except as provided for in the Implementing Regulations, to discard, dump or leak into the waterway from the building any waste that occurs on board. That parts of cargo.

(3) 1 In the absence of liability of the driver, the carrier, the shipowner or the owner of the vessel shall be responsible for the observance of the obligations laid down in this Convention.


Art. 13 Obligations of the carrier, the charterer and the consignee of the cargo, as well as the operators of handling facilities and reception stations

(1) The carrier, the charterer, the consignee of the cargo and the operators of handling facilities or receiving stations shall be required to comply with the obligations imposed on them, each in respect of The conditions determined by the Regulations.

(2) The consignee of the cargo shall be required to accept the remaining cargo, the handling residue and the waste related to the cargo. It may mandate a third party for this task.

Conference of the Contracting Parties

Art. 14 Organization and Skills

(1) The Contracting Parties shall establish a Conference of the Contracting Parties responsible for monitoring 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 shall consider and decide on amendments to this Convention and its annexes in accordance with the procedure laid down in Art. 19.

(3) The Conference shall adopt, on the proposal of the international body of equalization and coordination:

(a)
Annual fiscal equalization;
(b)
The fixing of the amount of the disposal fee for the following year in accordance with the procedure laid down in Art. 6 of this Convention;
(c)
Amendments to the interim and annual financial equalization procedure;
(d)
Reductions in the amount of compensation as a result of technical measures taken on board vessels to reduce the generation of waste.

The Conference recommends to the Contracting States, on the proposal of the international body of equalization and coordination, the adaptation of the network of reception stations.

(4) The Conference shall decide disputes concerning the interpretation and application of this Convention, as well as disputes arising within the international body of equalization and coordination, without which it may have As a result of suspending interim fiscal equalization.

(5) The Conference shall draw up its rules of procedure by unanimity.

(6) The Conference shall fix in advance for the following year its estimated budget to which the Contracting States contribute equally.

Art. 15 Secretariat

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

Sanctions

Art. 16 Sanctions

The Contracting States shall punish the offences committed in their territory to the obligations and prohibitions laid down 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 shall be 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 the Swiss Confederation of 1 Er June 1996 to September 30, 1996.

(2) This Convention shall be subject to ratification, acceptance or approval by the signatory States. 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 shall be open for accession by all States whose inland waterways are connected with 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

This Convention shall enter into force on the first day of the second month following the deposit of the last instrument of ratification, acceptance or approval by the signatory States. It shall enter into force in respect of any other Party on the first day of the second month following the deposit of its instrument of accession.

Art. 19 Amendments to this Convention and its Annexes

(1) Each Contracting Party may propose amendments to this Convention and its annexes. Proposals for amendments shall be considered by the Conference of Contracting Parties.

(2) The wording of each proposed amendment and its ground shall be submitted to the depositary who shall communicate the proposal to the Contracting Parties no later than three months before the start of the Conference. Any position taken on such a proposal shall be communicated to the Contracting Parties by the depositary.

(3) Amendments to this Convention and its annexes shall be adopted unanimously.

(4) Amendments to this Convention shall be subject to ratification, acceptance or approval by the Contracting Parties. They shall enter into force on the first day of the sixth month after the deposit with the depositary of the last instrument of ratification, acceptance or approval.

(5) The amendments to the Annexes to this Convention shall enter into force on the agreed date at the latest within nine months of their adoption, unless within six months one of the Contracting Parties has indicated that it Did not accept these amendments.

Art. Denunciation

(1) This Convention may be denounced by any of the Contracting Parties by notification addressed to the depositary at any time, five years after the date on which the Convention entered into force in respect of that Party.

(2) The denunciation shall take effect on the first day of the month following the expiration of one year from the date on which the notification is received, at the earliest, however, after the close of the annual financial equalization for the preceding financial year, or At the expiration of any longer period specified in the notification.

Art. 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 shall be drawn up by the care of the depositary, who shall deliver to each of the Parties referred to in Art. 17, para. 1, as well as to each Party which has acceded to this Convention a certified copy of the said instruments and of the record of filing.

(2) A trustee shall transmit certified true copies of this Convention in the languages referred to in s. 22, to each Party referred to in s. 17, para. 1, and to each Party that has acceded to this Convention.

(3) The trustee shall, without delay, provide the information and communication to each Party referred to in s. 17, para. 1, as well as to each Party that has acceded to this Convention:

(a)
Any new signature as well as the date on which the signature occurred;
(b)
Documents referred to in s. 19, para. 2;
(c)
The texts 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 from Contracting Parties informing them that they are opposed to an amendment to the annexes and any other communication 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. Languages

This Convention shall be established in a single original in the German, French and Dutch languages, each text being equally authentic.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.

Done at Strasbourg, 9 September 1996.

(Suivent signatures)

Annex 1

Waterways referred to in s. 2

Germany:

All inland waterways intended for general traffic.

Belgium:

All waters accessible to inland navigation.

France:

Regulations, Part A:

The Rhine, the Canalised Moselle (until Metz, p.k. 298, 5).

Implementing Regulations, Parts B and C:

The Rhine, the Moselle channelled to Neuves-Maisons, p.k. 392.45, the Niffer-Mulhouse Canal, the canal between the lock of Pont Malin (p.k. 0, 0) and the Franco-Belgian border (p.k. 36,561), the large gauge canal between the lock of Pont Malin (p.k. Mardyck Lock (p.k. 143,075), the channel between Bauvin (p.k. 0) and the Franco-Belgian border (p.k. 33,850).

Grand Duchy of Luxembourg:

The Moselle

Netherlands:

All waters accessible to inland navigation.

Switzerland:

The Rhine between Basel and Rheinfelden.


State 1 Er January 2011

Annex 2 1

Application Regulations

Part A Collection, deposit and receipt of oily and greasy waste arising during the operation of the building

Chapter I Obligations of receiving stations

Art. 1.01 Certification of Filing Chapter II
Obligations of the driver

The operators of the receiving stations shall certify to the vessel the deposit of oily and greasy waste arising during its operation in the control log of used oil according to Appendix I.

Chapter II
Obligations of the driver

Art. 2.01 Spill and Release Ban

(1) No person shall throw, discharge or leave in the watercourse from the buildings of oily and greasy waste that occur during the operation of the building.

(2) In the event of an accidental spill of waste referred to in s. 1 above or the threat of such a spill, the driver must notify the nearest competent authorities without delay by indicating as accurately as possible the nature, quantity and location of the spill.

(3) Except for the prohibition referred to in s. 1, the discharge into the waterway of water separated by approved vessels, if the maximum residual oil content at the outlet is continuously and without prior dilution in accordance with the national requirements.

Art. 2.02 On-board collection and processing

(1) The driver shall ensure the separate collection on board of oily and greasy waste arising during the operation of the vessel in containers intended for that purpose or that of the bilge water in the holds of the engine rooms.

The receptacles shall be stored on board in such a way that any leakage of material can easily be ascertained and prevented in time.

(2) No person shall:

(a)
Use mobile storage tanks stored on deck as waste oil collection tanks;
(b)
Burning waste on board;
(c)
To introduce in the bilge of rooms machines of cleaning products dissolving oil and grease or emulsifying action. Except for products that do not make the treatment of bilge water more difficult by receiving stations.
Art. 2.03 Waste Oil Control Carnet, Receiving Stations Chapter III
Organization and financing of the disposal of oily and greasy waste during the operation of the building

(1) Every motorized vessel that uses diesel fuel shall have a valid waste oil control log on board, issued by the competent authority in accordance with the model in Appendix I. This control book shall be kept on board. After its renewal, the previous log book must be kept on board at least six months after the last entry.

(2) Oily and greasy waste arising during the operation of the building shall be deposited, against proof, in the receiving stations at regular intervals determined by the condition and operation of the building. This proof consists of a reference in the control log of used oil by the receiving station.

(3) Sea vessels with a register of hydrocarbons as provided for in the International Convention for the Prevention of Pollution from Ships (Marpol) shall be exempt from the holding of the control book referred to in subs. 1.

Chapter III
Organization and financing of the disposal of oily and greasy waste during the operation of the building

Art. 3.01 Definitions

For the purposes of this Chapter, the following terms refer to:

(a)
"Carrier" means a natural or legal person who subcomes to the current expenses related to the operation of the building and in particular the purchase of the fuel used, or in default, the owner of the building;
(b)
"SPE-CDNI" electronic payment system, including accounts (ECO-accounts), magnetic cards (ECO-cards) and mobile electronic terminals.
Art. 3 . 02 National Institution

The national institution collects the compensation for disposal and submits proposals to the international body for equalization and coordination of proposals for the definition of the network of reception stations required at national level. In addition, it has the task, in particular, to register regularly according to a uniform international model the quantities disposed of oily and greasy waste arising during the operation of the building and the sum of the payments Of perceived disposal. The national institution or the competent authority controls disposal costs. The national institution shall be represented in the international body of equalization and coordination and shall, in particular, pay the provisional and final amounts determined by that body and due in respect of equalization on the fixed dates. Financial assistance to other national institutions.

Art. 3.03 Collection of compensation for disposal

(1) The disposal fee is EUR 7.5 (plus VAT) per 1000 l of diesel oil issued. The calculation of the amount shall be based on the volume of the gas oil corresponding to the volume at 15 ° C.

(2) The debtor of the compensation for disposal is the carrier.

(3) The disposal fee shall be paid at the time of the fuelling. The amount of the transaction in respect of the disposal fee must be proportional to the amount of diesel dispensed.

(4) The payment of compensation for disposal shall be effected by means of SPE-CDNI. The national institutions operate the SPE-CDNI.

(5) The procedure for the payment of compensation for disposal using SPE-CDNI is based on the principle of the payment of an appropriate amount by the carrier to a national institution, on which the payment of disposals due Later are taken. The steps include the following steps:

(a)
The opening at the request of the carrier or its representative of an ECO-account with the national institution of its choice;
(b)
The issuing by that national institution of one or more ECO-cards giving access to the relevant ECO-account for the payment of the disposal fee;
(c)
The payment by the carrier or its agent to the credit of the relevant ECO-account of an appropriate amount on the bank account of the national institution for the payment of the elimination payments;
(d)
The acquittal of the disposal fee, charged to the ECO-account concerned by means of the ECO-card and the processing of the transaction which is carried out by the refuelling station using a mobile electronic terminal. For this purpose, the driver shall deliver the map to the refuelling station at the time of the refuelling.

(6) By way of derogation from s. 4, the compensation for disposal is paid by the application of a written procedure in the following special cases:

(a)
SPE-CDNI is missing or is out of service;
(b)
The driver does not present an ECO-card or the submitted ECOMap is not valid;
(c)
The balance of the relevant ECOSOC is insufficient.

(7) In the cases referred to in s. 6, the refuelling station shall communicate to the national institution of the country where it is located, within a period not exceeding seven calendar days, the data necessary for the payment of the disposal fee for the delivery of diesel fuel Concerned. The national institution shall take the necessary measures for the collection of the payments due. If so, it may return the file to another national institution.

(8) In the cases cited in subs. 6, let. (b) and (c), administrative costs shall be paid by the carrier to the national institution of the country where the refuelling took place; the amount of such costs shall be fixed in a uniform manner for all Contracting Parties by the proceeding International equalization and coordination.

(9) In individual cases where, according to the national institution, the application of the procedure laid down in s. 4 and 5 for the acquittal of the disposal fee is not appropriate, the latter is empowered to put in place individual arrangements relating to the delivery of the diesel fuel and to the payment of the compensation for disposal. Such arrangements, which shall be notified to the international body of equalization and coordination, shall be in accordance with the other provisions of this Chapter.

(10) The procedures for implementing the procedures referred to in this Article shall be determined at the national level following coordination within the international body of equalization and coordination.

Art. 3 . 04 Control of collection of disposal fees and receipt and disposal costs

(1) A gas oil supply proof shall be established by the refuelling station for each gas-oil refuelling station. It shall contain at least the following particulars: the name of the building, the unique European vessel identification number, or any other indication for the identification of the vessel, the name of the carrier or the driver, the quantity of gas oil And delivery (in litres corresponding to the volume at 15 ° C rounded to the nearest litre), place and date, signature of the driver and the refuelling station.

(2) The receipt for the transaction of disposal compensation made through SPE-CDNI shall be attached to the gas oil supply voucher. A copy of the proof of supply and receipt shall be given to the driver who shall keep it on board for at least 12 months. Copies of the proof of supply and receipt shall be kept by the refuelling station for at least 12 months.

(3) In the case of application of the written procedure referred to in s. 3.03, para. 6, the refuelling station indicates on the proof of supply that the carrier has not paid for the disposal fee.

(4) The agreement between the quantities of diesel oil disposed of by the buildings and the amount of disposal paid shall be controlled by the national institution or the competent authority on the basis of the supporting documents Gas oil which shall be presented by the fuelling stations.

(5) The competent authority may control on board vessels the payment of the disposal fee and the quantities disposed of oily and greasy waste arising during the operation of the building, in particular by comparing the journeys Carried out in the appropriate on-board documents with the indications on the gas-oil supply supporting documents.

(6) The national institution or the competent authority may check with the receiving stations data on the quantities disposed of and the disposal costs on the basis of the appropriate documents.

(7) The national institution or the competent authority shall have the power to control the data relating to the quantities of diesel fuel dispensed to buildings subject to payment of the disposal fee.

(8) The procedures referred to in this Article shall be determined at the national level following coordination within the international body of equalization and coordination.

Chapter IV International Fiscal Equalization

Art. 4 . 01 International Mechanism for Equalization and Coordination

(1) The international body of equalization and coordination shall meet once a year in the last quarter in order to stop the financial equalization of the previous year and to propose, where appropriate, to the Conference of Contracting Parties a Modification of the amount of the disposal fee and the possibly necessary adaptation of the network of reception stations in place, taking into account the needs of navigation and the efficiency of disposal. 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 body for equalization and coordination shall lay down in its rules of procedure the uniform procedures and procedures for the implementation of provisional and annual tolls.

(3) All financial transactions relating to disposal compensation shall be expressed in euro.

Art. 4 . 02 Interim Fiscal Equalization

(1) National institutions shall communicate to the secretariat of the international forum on equalization and coordination on a quarterly basis, to the Er February, 1 Er May, 1 Er August and 1 Er November:

(a)
Quantities of oily and greasy waste collected and disposed of in the previous quarter;
(b)
The total cost of receiving and disposing of the quantities specified in the letter. (a) above;
(c)
The quantities of diesel delivered to the buildings subject to the payment of the disposal fee;
(d)
The total amount of disposal payments received;
(e)
The financial consequences of the measures referred to in s. 6, para. 1, fifth sentence of the Convention.

The procedure for this procedure shall be adopted by the international body for equalization and coordination.

(2) For each preceding quarter, on the basis of the figures provided in accordance with paragraph 1. 1 above and applying the equalization procedure provided for in s. 4.04 below, the international body of equalization and coordination calculates the interim amounts of the quarterly financial equalization and transmits them to the national institutions within two weeks of receipt of the All communications under subsection (a). 1.

(3) National institutions in charge of quarterly financial equalization shall be required to make payments due to national credit institutions within four weeks of receipt of the order of payment.

Art. 4.03 Annual Fiscal Equalization

(1) The national institutions shall submit to the secretariat of the international body for equalization and coordination their annual balance sheets for the preceding financial year, no later than 15 October of the current year. At its regular meeting, the international body of equalization and coordination fixed the fiscal equalization of the previous year.

(2) National institutions are required to make payments due in respect of final financial equalization for the previous year in accordance with s. 4.02, para. 3 above.

Art. 4.04 Fiscal Equalization Process Part B
Collecting, Receiving and Receiving Cargo-Related Wastes Chapter V
General provisions

Fiscal equalization under s. 4.02 and 4.03 above shall be determined as follows for each national institution:

Image

Where:

C N

Equalization amount of a national institution N. Positive sign: the institution is a creditor for Equalization. Negative sign: the institution is a debtor for Equalization.

X N

Revenue from the disposal of a national institution N in accordance with s. 4.02, para. 1, above.

Z N

The actual receipt and disposal costs of a national institution N in accordance with s. 4.02, para. 1, above.

S X N

Sum of revenue from the elimination of all national institutions.

S Z N

Sum of the actual costs of receiving and disposing of all national institutions.

(2) Amounts Cn less than a minimum percentage of revenue from the disposal of a national institution N are not Equalization. The minimum percentage is set by the international body for equalization and coordination.

Part B
Collecting, Receiving and Receiving Cargo-Related Wastes

Chapter V
General provisions

Art. 5.01 Definitions

For the purposes of this Part, the following terms mean:

(a)
"Exclusive transport" means successive transport in which the same cargo or other cargo not required for the pre-cleaning of the holds or tanks is carried in the bilge or tank of the vessel;
(b)
"Remaining cargo" means liquid cargo remaining in tanks or pipes after unloading without the use of a drying system as well as dry cargo remaining in the holds after unloading without the use of brooms, Mechanical sweaters or vacuum cleaners;
(c)
"Cargo residues" means liquid cargo which cannot be evacuated from tanks or pipes by the drying system as well as dry cargo, the hold of which cannot be disposed of by the use of mechanical sweepers, brooms or Aspiring facilities;
(d)
"Dewatering system" means a system in accordance with Appendix II for emptying and drying as completely as possible tanks and piping except for cargo residues which cannot be disposed of by dewatering;
(e)
"Handling residues" means cargo that is handled in the handling of the vessel outside the bilge;
(f)
"Swept bilge" means the hold of the remaining cargo by means of cleaning, such as brooms or sweepers, without the aid of suction or washing machines and where only cargo residues remain;
(g)
"Dried tank" means a tank disposed of the remaining cargo by means of a dewatering system and where only cargo residues remain;
(h)
"Aspirated hold" means the bilge of the remaining cargo by means of the suction technique and where substantially less cargo residues remain than in a swept bilge;
(i)
"Unloading of remains" means the disposal of the remaining cargo outside the holds of tanks and pipes, respectively, using appropriate means (e.g. Brooms, sweepers, suction installation, drying system) that make it possible to reach the unloading standard:
-
"Swept" or "sucked" for the hold,
-
"Dried" for the tank,
As well as the disposal of handling residues and packaging and means of arrival;
(j)
"Washing" means the disposal of cargo residues out of swept or sucked cals and dried cisterns with water or water vapour;
(k)
"Slipway or washed tank" means a bilge or tank which, after washing, is in principle suitable for receiving any class of cargo;
(l)
"Wash water" means water that occurs during washing of swept or sucked holds or dried cisterns. It is also part of the ballast water and precipitation water from these holds or tanks.
Art. 5.02 Obligation of Contracting States

The Contracting States undertake to put or have to put in place the infrastructure and other conditions necessary for the deposit and receipt of the remaining cargoes, handling residues, cargo residues and wash water in a Five years after the entry into force of this Convention.

Art. 5.03 Sea Vessels Chapter VI
Obligations of drivers

This Part B does not apply to the loading or unloading of seagoing vessels at sea ports on marine waterways.

Chapter VI
Obligations of drivers

Art. 6.01 Spill and Release Ban

(1) No person shall discard, discharge or leave in the waterway from the vessels of the cargo parts as well as any waste related to the cargo.

(2) Except for the prohibition of s. 1 above the washing waters comprising cargo residues whose discharge into the waterway is explicitly authorized in accordance with Appendix III, provided that the provisions of the said Appendix have been complied with.

(3) In the event of a spill of materials for which a special treatment deposit is prescribed in Appendix III, or in the event of a threat of such a spill, the driver shall immediately notify the competent authorities closest to it Indicating as accurately as possible the location and quantity and nature of the spill.

(4) The competent national authority shall assess the admissibility of the dumping of cargo-related waste from goods not included in the list of goods listed in Appendix III to the Regulations and establishes a Temporary unloading standard.

The Conference of the Contracting Parties shall examine this proposal and, if necessary, complete 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 this Convention:

(a)
With respect to dry cargo:
-
Where in Appendix III the "aspirated state" unload standard is required, the "scanned state" unload standard is allowed,
-
Where the discharge of wash water into the sewerage system is required in Appendix III, the discharge into the watercourse is permitted if the "swept state" unload standard has been met;
(b)
In respect of liquid cargo:
-
The dewatering of cargo tanks in accordance with Art. 7.04 is not required, however, existing systems shall be used to the greatest extent possible even if they are not yet in conformity with Appendix II.

(2) If the requirements are met for compliance with the standard of discharge "aspirated state" for the deposit of wash water at the receiving stations or for the drying of tank vessels, the national competent authority may Prescribe, in all or part of its territory, that even before the end of the transitional period the provisions of Appendix III shall apply without restriction for the types of goods concerned. The competent national authority shall inform the Conference of the Contracting Parties in advance.

Art. 6.03 Certification of Unloading Chapter VII
Obligations of the carrier, the charterer, the consignee of the cargo and the operator of the handling facility

(1) Every vessel that has been unloaded at a point within the scope of this Convention shall have on board a valid unloading certificate in accordance with Appendix IV.

The unload certificate shall be kept on board at least six months after its issuance.

In the case of a vessel without a crew, the unloading certificate may be kept by the carrier at a place other than on board.

(2) When unloading the remains, as well as the deposit and receipt of waste related to the cargo, the unloading standards and the requirements of Appendix III relating to the deposit and receipt shall apply.

(3) After loading, the vessel may continue to travel only when the driver has ensured that the handling residues have been removed.

(4) The vessel shall not continue its journey after unloading until the driver has confirmed in the unloading certificate that the remaining cargo and the handling residues have been taken care of.

(5) The provisions of s. 4 above do not apply to vessels engaged in exclusive transportation.

(6) Where the cales or tanks are washed and the washing waters cannot be discharged into the waterway according to the unloading standards and the requirements of Appendix III relating to the deposit and the reception, the building shall not May continue his journey only when the driver has confirmed in the proof of discharge that the wash water has been taken on deposit or a receiving station has been designated.

Chapter VII
Obligations of the carrier, the charterer, the consignee of the cargo and the operator of the handling facility

Art. 7.01 Acknowledgement of receipt

(1) In an unload certificate referred to in s. 6.03 above, the consignee of the cargo shall certify to the vessel the unloading of the cargo, the unloading of the remains and, to the extent that it is for it, the washing of the cargo holds or cargo tanks and the receipt of the related waste The cargo or, where applicable, the designation of a receiving station.

(2) If the consignee of the cargo does not collect the wash water itself that cannot be discharged into the water channel, the operator of the receiving station shall certify to the vessel the receipt of the wash water.

Art. 7.02 Making the building available

(1) The carrier shall make the vessel available to the charterer in a standard of unloading such that the cargo can be transported and delivered without prejudice. As a general rule, this is the case for the "swept bilge" or "dry cargo" unloading standard and when the building is free of any handling residues.

(2) It may be agreed in advance of a superior discharge standard or a wash.

(3) With the start of the loading operations, the building shall be considered to have been made available by its operator in a condition corresponding to the requirements laid down in par. 1 or 2 above.

Art. 7.03 Loading and unloading

(1) The loading and unloading of a vessel shall also include the measures necessary for the unloading of remains and washing, as provided for in the provisions of this Part B. The remaining cargo shall, to the extent possible, Be added to the cargo.

(2) When loading the charterer, the vessel shall ensure that the vessel remains free of handling residues. However, if such residues occur, the charterer shall ensure that they are disposed of after loading unless otherwise agreed.

(3) When unloading, the consignee of the cargo shall ensure that the vessel remains free of handling residues. However, if such residues occur, the consignee of the cargo shall ensure that they are disposed of. Handling residues shall, as far as possible, be added to the cargo.

Art. 7.04 Building Restitution

(1) For dry cargo, the consignee of the cargo shall ensure that after discharge, the hold is returned to a scanned or aspirated state according to the unloading standards and the requirements for deposit and reception Of Appendix III. It is required to collect any remaining cargo and any handling residues on board the unloaded vessel.

For liquid cargo, the charterer must ensure that after the unloading, the tank is returned to a dry state. Except as otherwise provided in the contract of carriage, the driver shall perform the unloading, including the unloading of the remains by means of a dewatering system. The piping for the collection of the remaining cargo shall be fitted with a connection system conforming to Model 1 of Appendix II. When using the on-board dewatering system, the counter-pressure in the system of piping of the consignee of the cargo, before the start of the drying operation, shall not exceed 3 bar. The operator of the handling facility is required to collect the remaining cargo.

(2) The obligation to return the bilge or cargo tank in a washed state shall be the responsibility of the consignee of the cargo in the case of dry cargo and the charterer in the case of a liquid cargo if:

(a)
The building was in this state of cleanliness before the last load and, in the event that the washing is the responsibility of the consignee of the cargo, the proof is provided by the proof of unloading established for the previous shipment; and if
(b)
The vessel transported goods for which the cargo residues mixed with the wash water cannot be discharged into the water by virtue of the unloading standards and the requirements for the deposit and reception referred to in the Appendix III.

(3) paras. 1 and 2 above do not apply to the holds and tanks of vessels engaged in exclusive transport.

(4) If the consignee of the cargo or the charterer does not return the vessel in accordance with the provisions of this Article and of the art at the end of the unloading time or the days of the agreed staries. 7.03 above, the operator may place or cause the building to be placed in the prescribed state. All costs incurred, including demurrage charges, provided that they are not attributable to the carrier, shall be borne by the consignee of the cargo or the charterer.

Art. 7.05 Cargo and wash-water residues

(1) For dry cargo, the consignee of the cargo shall collect the wash water that occurs after washing in accordance with s. 7.04, para. 2, or after consultation with the carrier, to designate to the driver a receiving station.

(2) The charterer of a liquid cargo shall be required to designate, in the contract of carriage, a carrier, a wash-water receiving station that occurs after washing in accordance with s. 7.04, para. 2.

(3) The receiving station shall be located near the unloading site or on the road leading to the next place of loading or unloading of the building.

Art. 7.06 Fees

(1) For dry cargo, the cost of unloading the remains and washing the holds according to art. 7.04 above and the receipt of wash water according to Art. 7.05, para. 1 above, including the resulting cost of waiting and detours, shall be borne by the consignee of the consignment. The same shall apply to the costs incurred as a result of precipitation that entered the holds after the loading began and before the end of the unloading referred to in s. 7.03, para. 1, where a covered bilge transport has not been agreed.

In the case of exclusive transport for the same charterer, the latter shall be required to collect, at its own expense, before the loading, the precipitation waters which have entered the holds since the end of the previous unloading.

(2) For liquid cargoes, the cost of unloading the remains and washing tanks according to art. 7.04 and by the receipt of wash water according to Art. 7.05, para. 2, above, including the resulting cost of waiting and detours, shall be borne by the charterer.

(3) The charges for the deposit of wash water from cales and tanks that are not in accordance with the prescribed unloading standards shall be borne by the carrier.

Art. 7.07 Agreement between the charterer and the consignee of the cargo

The charterer and the consignee of the cargo may agree among themselves on a distribution of their obligations different from that provided for in this Annex, provided that this does not have consequences for the carrier.

Art. 7.08 Transfer of the rights and obligations of the charterer or consignee of the cargo to the operator of the handling facility

Where the charterer or consignee of the cargo uses the services of a handling facility for the loading or unloading of a vessel, the operator of that facility shall be subrogated to the rights and obligations of The charterer or consignee of the cargo referred to in s. 7.01, para. 1 as well as s. 7.03, 7.04 and 7.05. With regard to art. 7.06, this subrogation applies only to the costs of disposal and receipt of handling residues.

Art. 7.09 Transportation Documents Part C
Collecting, filing and receiving other waste
During the operation of the building Chapter VIII
General provisions

The charterer shall mention in the contract of carriage and in the transport documents the name and the four-digit number according to Appendix III of each category of matter which he has given to transport.

Part C
Collecting, filing and receiving other waste
When building the building

Chapter VIII
General provisions

Art. 8.01 Definitions

For the purposes of this Part, the following terms refer to:

(a)
"Household wastewater" means waste water from kitchens, dining rooms, water and laundry rooms and fecal water;
(b)
"Household waste" means organic and inorganic waste from households and gastronomy on board, but does not contain components of the other defined waste arising from the operation of the building;
(c)
"Curing sludge" means residues that occur on board the vessel when operating a sewage treatment plant on board;
(d)
"Slops": mixtures of cargo residues with the remains of washing water, rust or sludge, suitable or not to be pumped;
(e)
"Other special waste" means waste that occurs during the operation of the building other than oily and greasy waste and other than the waste referred to in the waste. (a) to (d);
(f)
"Cabin passenger vessel" means a passenger vessel with cabins for the overnight stay of passengers.
Art. 8.02 Obligations of Contracting States Chapter IX
Obligations of the driver

(1) The Contracting States undertake to make or cause to be made available to reception facilities for household refuse:

(a)
Handling facilities or ports;
(b)
Berthing berths of passenger vessels for berthing passenger vessels;
(c)
Certain parking areas and locks for passage navigation.

(2) The Contracting States undertake to install or have installed in ports reception stations for the slops and for other special waste no later than five years after 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, para. 1, of this Convention, no later than the date specified in Art. 9.01, para. 3, receiving stations for domestic wastewater at certain berthing stations serving as usual parking areas or overnight parking areas:

(a)
For passenger cabins with more than 50 sleeping quarters;
(b)
For passenger vessels allowed for the carriage of more than 50 passengers.

Chapter IX
Obligations of the driver

Art. 9.01 Spill and Release Ban

(1) No person shall discard, discharge or leave in the water channel from the buildings of household refuse, slops, curing sludge and other special waste.

(2) In the event of an accidental spill of waste referred to in s. 1 above or the threat of such a spill, the driver shall immediately notify the nearest competent authority with as much precision as possible indicating the location and the quantity and nature of the spill.

(3) The discharge of domestic sewage is prohibited:

(a)
Cabins with cabins with more than 50 sleeping slots after 1 Er January 2005;
(b)
To passenger vessels allowed for the carriage of more than 50 passengers from 1 Er January 2010.

In other cases, the discharge of domestic sewage into the water is permitted.

(4) The prohibition under s. 3 above does not apply to passenger vessels that have a flight treatment plant that meets the limit and control values set out in Appendix V.

(5) The prohibition under s. 3 above does not apply to seagoing vessels in seaports located on sea shipping lanes provided that they are subject to the provisions of the International Convention for the Prevention of Pollution from Ships (Marpol).

Art. 9.02 Derogations from the prohibition of discharge of domestic wastewater

The Contracting States may agree, for vessels referred to in Art. 9.01, para. 3, for which the prohibition of the discharge of domestic waste water is difficult to achieve in practice or would result in unreasonable expenditure, an appropriate procedure for the possibility of derogations and fix the conditions Under which such derogations may be considered equivalent.

Art. 9.03 On-board collection and processing, deposit at receiving stations Chapter X
Obligations of the receiving station operator

(1) The driver shall ensure the collection on board and the separate deposit of the waste referred to in s. 9.01, para. 1.

If possible, household waste must be deposited separately according to the following categories: paper, glass, other recyclable materials and other garbage.

(2) The incineration of waste referred to in s. 9.01, para. 1, is prohibited on board.

(3) Operators of passenger vessels which have a shipboard treatment plant in accordance with Appendix V shall themselves ensure that they are appropriate for the regulatory deposit of curage sludge, against certification on the basis of the National provisions.

Chapter X
Obligations of the receiving station operator

Art. 10.01 Reception by reception stations Scope of application October 13, 2009

(1) The operator of the receiving station shall ensure that the waste referred to in s. 9.01, para. 1 may be filed separately.

(2) The operator of the receiving station shall certify to the driver the deposit of the slops according to the national requirements.

Scope of application 13 October 2009

States Parties

Ratification

Entry into force

Germany

10 March

2004

1 Er November

2009

Belgium

22 September

2009

1 Er November

2009

France

September 15

2005

1 Er November

2009

Luxembourg

14 May

2002

1 Er November

2009

Netherlands

10 July

2000

1 Er November

2009

Switzerland

July 16

1998

1 Er November

2009



1 Updated according to Amendment of 8 June 2010, in force since 1 Er Jan 2011 ( RO 2010 6379 ).
2 Appendices I to V are not published in the OR. Extracts can be ordered from the OFCL, Sales of Federal Publications, 3003 Berne.



RO 2009 5293 ; FF 1997 III 349



State 1 Er January 2011