RESOLVES:
Clasification Society 2024 - Version 9.40
Statutory Documents - IMO Publications and Documents - Circulars - Marine Environment Protection Committee - MEPC/Circular.454 – Implementation of the Revised Regulation 13G and Regulation 13H of MARPOL Annex I – (6 June 2005)Communication received from the Administration of Panama - Communication - Translation - RESOLVES:

RESOLVES:

 Article 1 - APPROVE the guidelines for the implementation of Regulations 13F, 13G, 13H of Annex I of the International Agreement for the Prevention of Pollution by Vessels, 1973 modified by the 1978 Protocol, which will be applicable to oil vessels of Panamanian registry, Local as well as International Service, wherever they may be found, and to foreign vessels undertaking lucrative activities in jurisdictional waters of the Republic of Panama transporting oil

 Article 2 - Oil vessels registered in the Republic of Panama, encompassed within the field of application for Regulations 13G and 13H of the Marpol 73/78 Agreement, that undertake international voyages and/or undertake operations in jurisdictional waters of the Republic of Panama, will comply with the stipulations of the present resolution and in the Marpol 73/78 Agreement. Therefore, vessels that do not comply with the provisions of Regulation 13F within the periods established under Regulations 13G and 13H will not continue operating under Panamanian registry, and neither will they be accepted for their registration, as of this Resolution's effective date

Therefore, the General Bureau of Merchant Marine, will be proceed to officially cancel the registration of oil vessels that have not complied with Regulation 13F within the periods established under Regulations 13G and 13H, unless their legal representatives request an extension or exemption, as the case may be, and after review, it is considered viable

 Article 3 - Oil vessels that have not complied with the provisions of Regulation 13F within the scope of application for Regulations 13G and 13H of Annex I for Marpol 73/78, that should have ceased operations on April 5th 2005 or that must cease operations on future dates determined in said Regulations, will be granted an extension or exemption, as may be the case, after formal request to the General Bureau of Merchant Marine that must comply with the requirements solicited for such purpose. Said extension or exemption, as may be the case, will be issued after technical review on a case by case basis, in accordance with the particulars of the vessel and based on Regulations 13G and 13H

 Article 4 - Those interested in requesting the above mentioned extension or exemption will have a time period of 2 months as the effective date of this resolution, to present to this General Bureau, through their legal representative, the formal request together with the following documents:

  • a. Construction Contract or Certificate of Construction from the Shipyard (Builder Certificate), or equivalent document where the keel placement date is determined and also the delivery date

  • b. Vessel particulars, including deadweight. This document must be signed and sealed by the shipowner

  • c. Copy of the Charterparty Agreement or document that specifies the characteristics of the product transported as cargo, density to 15 deg. cent. and cinematic viscosity to 50 deg. cent., this document must be signed and sealed by the shipowner

  • d. IOPP Certificate and it's amended Form B (from it's prior or present registration)

  • e. Approved copy of the General Arrangement Plan

  • f. Approved copy of the Capacity Plan

  • g. Approved copy of the Steel Plan

This information will be preferably furnished in PDF format in a clearly identified compact disk

 Article 5 - The General Bureau of Merchant Marine, after obtaining the information required in the previous article will undertake a technical analysis to determine whether or not the requested extension or exemption proceeds

Taking into consideration the table that appears in Regulation 13G (4), there are oil vessels that because they do not comply with Regulation 13F, they must cease operations between the year 2005 and the year 2010. The General Bureau of Merchant Marine must make a notation in the Navigation License indicating the date for ceasing operations, independently of the date of expiration of the License. This date will be determined by technical analysis undertaken by the Navigation and Maritime Safety Inspection Department

During this period, oil vessels that cease operations due to noncompliance with Regulation 13F, may also request the extension of it's useful life, within parameters established for such purpose, including the Condition Assessment Scheme (CAS - by it´s abbreviation in English) The General Bureau of Merchant Marine will consider the documents required for the registration of oil vessels, as true and authentic information. If the opposite is the case, pertinent sanctions may be ordered, including the cancellation of the registration of the vessel, without regard to navigation delays that may be incurred by the vessel for inspections effected by Flag State controls and Port State Control

 Article 6 - Every oil vessel of foreign registry doing business in jurisdictional waters of the Republic of Panama and that, due to provisions in Regulation 13G and 13H of Marpol 73/78 Agreement, should have ceased operations April 5th 2005, may request the referred extension or exemption benefit, as may be the case, as long as they submit to this General Bureau, within the time limit prescribed in Article 4 of the present Resolution, the extension of it's useful life granted by the Maritime Administration of it's registration or the exemption, as the case may be, and the request for granting said benefit, together with the documents named in the referred Article 4

If this requirement is not complied with, the General Bureau of Merchant Marine will order the detention of the vessel based on the faculties as Port State Control and will communicate this circumstance to the registration country for the legal ramifications. As a consequence, corresponding navigation permits will be suspended and pertinent administrative units will be advised, regarding the suspension of it's operations due to the above cited Regulations

 Article 7 - The General Bureau of Merchant Marine has authorized specific Recognized Organizations (OR) the issuance of the interim certificate of Condition Assessment Scheme (CAS - by it's abbreviation in English)

As a consequence, the General Bureau of Merchant Marine will issue the Reglamentary CAS Certificate, for which it will effect a technical evaluation that will be based on the additional requisites required by the Merchant Marine Memorandum published to such an effect

 Article 8 - It will be an indispensable requirement for every oil vessel, encompassed within the application scope of this resolution, compliance with the Condition Assessment Scheme (CAS - by it's abbreviation in English) and the Improved Inspection Program (ESP - by it's abbreviation in English), whose terms, procedure and requirements will be pointed out in the above mentioned Merchant Marine Memorandum

 Article 9 - The cost of services rendered by the Panama Maritime Authority for the issuance of the extensions and/or exemptions the subject of this Resolution will be the same costs established by the New York International Office, for the issuance of the Exemption Certificate

 Article 10 - As of the issuance of this Resolution any letter or document that can be interpreted as an exception to the requirements of this Resolution are no longer in effect

 Article 11 - No Recognized Organization authorized by the Panamanian Maritime Administration to undertake the Condition Assessment Scheme and the issuance of the IOPP certificate may issue as of this date an IOPP certificate to a vessel that is not in compliance with Regulations 13F, 13G and 13H within the periods established for the same, unless it possesses an extension or exemption issued by this General Bureau in accordance to procedures contained in this resolution

 Article 12 - The contents of this Resolution are to be communicated to the International Maritime Organization, international offices of the Panama Maritime Authority, consulates and users of the registration service for it's implementation

 Article 13 - This Resolution is in effect as of today's date

 LEGAL FOUNDATION: Law 2, January 17th 1980; Law Decree No. 7, February 10th 1998; Law 17, November 9th 1981

 (signed) Fernando Solorzano, Bureau Chief

Parent topic: Translation
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