Part A - Design, construction,
operation and maintenance of ships
Regulation 4 - Controls
of ships’ Hazardous Materials
In accordance with the requirements specified in Appendix 1 to this Convention each Party:
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.1 shall prohibit and/or restrict the installation
or use of Hazardous Materials listed in Appendix
1 on ships entitled to fly its flag or operating under its
authority; and
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.2 shall prohibit and/or restrict the installation
or use of such materials on ships, whilst in its ports, shipyards,
ship repair yards, or offshore terminals,
and shall take effective measures to ensure that such ships
comply with those requirements.
Regulation 5 - Inventory of Hazardous
Materials
footnote
1 Each new ship shall have on board an Inventory
of Hazardous Materials. The Inventory shall be verified either by
the Administration or by any person or organization authorized by
it taking into account guidelines, including any threshold values
and exemptions contained in those guidelines, developed by the Organization.
The Inventory of Hazardous Materials shall be specific to each ship
and shall at least:
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.1 identify as Part I, Hazardous Materials listed
in Appendices 1 and 2 to
this Convention and contained in ship’s structure or equipment,
their location and approximate quantities; and
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.2 clarify that the ship complies with regulation 4.
2 Existing ships shall comply as far as practicable
with paragraph 1 not later than 5 years after the entry into force
of this Convention, or before going for recycling if this is earlier,
taking into account the guidelines developed by the Organization and
the Organization’s Harmonized System of Survey and Certification.
The Hazardous Materials listed in Appendix 1,
at least, shall be identified when the Inventory is developed. For
existing ships a plan shall be prepared describing the visual/sampling
check by which the Inventory of Hazardous Materials is developed,
taking into account the guidelines developed by the Organization.
3 Part I of the Inventory of Hazardous Materials
shall be properly maintained and updated throughout the operational
life of the ship, reflecting new installations containing Hazardous
Materials listed in Appendix 2 and relevant
changes in ship structure and equipment, taking into account the guidelines
developed by the Organization.
4 Prior to recycling the Inventory shall, in addition
to the properly maintained and updated Part I, incorporate Part II
for operationally generated wastes and Part III for stores, and be
verified either by the Administration or by any person or organization
authorized by it, taking into account the guidelines developed by
the Organization.
Regulation 6 - Procedure
for proposing amendments to Appendices 1 and 2
1 Any Party may propose an amendment to Appendix 1 and/or Appendix
2 in accordance with this regulation. The proposed amendment
shall be considered within the Organization under Article
18 paragraph 2 and this regulation.
2 When the Organization receives a proposal, it
shall also bring the proposal to the attention of the United Nations
and its Specialized Agencies, intergovernmental organizations having
agreements with the Organization and non-governmental organizations
in consultative status with the Organization and shall make it available
to them.
3 The Committee shall establish a technical group
in accordance with regulation 7 to review proposals submitted in accordance
with paragraph 1 of this regulation.
4 The technical group shall review the proposal
along with any additional data, including decisions adopted by other
international bodies regarding their lists of materials or hazardous
substances, submitted by any interested entity, and shall evaluate
and report to the Committee whether the Hazardous Material in question
is likely, in the context of this Convention, to lead to significant
adverse effects on human health or the environment such that the amendment
of Appendix 1 or Appendix
2 is warranted. In this regard:
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.1 The technical group’s review shall include:
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.1.1 an evaluation of the association between
the Hazardous Material in question and the likelihood, in the context
of this Convention, that it will lead to significant adverse effects
on human health or the environment based on the submitted data or
other relevant data brought to the attention of the group;
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.1.2 an evaluation of the potential risk reduction
attributable to the proposed control measures and any other control
measures that may be considered by the technical group;
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.1.3 consideration of available information on
the technical feasibility of control measures;
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.1.4 consideration of available information on
other effects arising from the introduction of such control measures
relating to:
- the environment;
- human health and safety including that of seafarers and workers;
and
- the cost to international shipping and other relevant sectors.
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.1.5 consideration of the availability of suitable
alternatives to the Hazardous Material to be controlled, including
a consideration of the potential risks of alternatives;
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.1.6 consideration of the risks posed by the Hazardous
Material during the recycling process; and
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.1.7 consideration of suitable threshold values
and any useful or necessary exemptions.
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.2 If the technical group finds that the Hazardous
Material in question is likely, in the context of this Convention,
to lead to significant adverse effects on human health or the environment,
lack of full scientific certainty shall not be used as a reason to
prevent the group from proceeding with an evaluation of the proposal.
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.3 The technical group’s report shall be
in writing and shall take into account each of the evaluations and
considerations referred to in subparagraph .1, except that the technical
group may decide not to proceed with the evaluations and considerations
described in subparagraphs .1.2 to .1.7 if it determines after the
evaluation in subparagraph .1.1 that the proposal does not warrant
further consideration.
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.4 The technical group’s report shall include, inter alia, a recommendation on whether international controls
pursuant to this Convention are warranted on the Hazardous Material
in question, on the suitability of the specific control measures suggested
in the comprehensive proposal, or on other control measures which
it believes to be more suitable.
5 The Committee shall decide whether to approve
any proposal to amend Appendix 1 or Appendix 2, and any modifications thereto,
if appropriate, taking into account the technical group’s report.
Any proposed amendment shall specify the application of the amendment
for ships certified in accordance with this Convention before the
entry into force of the amendment. If the report finds that the Hazardous
Material in question is likely, in the context of this Convention,
to lead to significant adverse effects on human health or the environment,
lack of full scientific certainty shall not be used as a reason to
prevent a decision from being taken to list a Hazardous Material in Appendix 1 or Appendix
2. A decision not to approve the proposal shall not preclude
future submission of a new proposal with respect to a particular Hazardous
Material if new information comes to light.
Regulation 7 -Technical
Groups
1 The Committee may establish one or more technical
groups pursuant to regulation 6 as needed. The technical group may
comprise representatives of the Parties, Members of the Organization,
the United Nations and its Specialized Agencies, intergovernmental
organizations having agreements with the Organization, and non-governmental
organizations in consultative status with the Organization, which
should preferably include representatives of institutions and laboratories
with expertise in environmental fate and effects of substances, toxicological
effects, marine biology, human health, economic analysis, risk management,
shipbuilding, international shipping, occupational health and safety
or other fields of expertise necessary to objectively review the technical
merits of a proposal.
2 The Committee shall decide on the terms of reference,
organization, participation and operation of the technical groups.
Such terms shall provide for protection of any confidential information
that may be submitted. Technical groups may hold such meetings as
required, but shall endeavour to conduct their work through written
or electronic correspondence or other media as appropriate.
3 Only the representatives of Parties may participate
in formulating any recommendation to the Committee pursuant to regulation 6. A technical group shall endeavour
to achieve unanimity among the representatives of the Parties. If
unanimity is not possible, the technical group shall communicate any
minority views of such representatives.
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