Regulation 3 - Exemptions and waivers
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Regulation 3 - Exemptions and waivers

  1 Any ship such as hydrofoil, air-cushion vehicle, near-surface craft and submarine craft etc. whose constructional features are such as to render the application of any of the provisions of chapters 3 and 4 of this Annex or section 1.2 of part II-A of the Polar Code relating to construction and equipment unreasonable or impracticable may be exempted by the Administration from such provisions, provided that the construction and equipment of that ship provides equivalent protection against pollution by oil, having regard to the service for which it is intended.

  2 Particulars of any such exemption, except those under paragraph 7 of this regulation, granted by the Administration shall be indicated in the Certificate referred to in regulation 7 of this Annex.

  3 The Administration which allows any such exemption shall, as soon as possible, but not more than 90 days thereafter, communicate to the Organization particulars of same and the reasons therefore, which the Organization shall circulate to the Parties to the present Convention for their information and appropriate action, if any.

  4 The Administration may waive the requirements of regulations 29, 31 and 32 of this Annex, for any oil tanker which engages exclusively on voyages both of 72 hours or less in duration and within 50 nautical miles from the nearest land, provided that the oil tanker is engaged exclusively in trades between ports or terminals within a State Party to the present Convention. Any such waiver shall be subject to the requirement that the oil tanker shall retain on board all oily mixtures for subsequent discharge to reception facilities and to the determination by the Administration that facilities available to receive such oily mixtures are adequate.


  5 The Administration may waive the requirements of regulations 31 and 32 of this Annex for oil tankers other than those referred to in paragraph 4 of this regulation in cases where:

  • .1 the tanker is an oil tanker delivered on or before 1 June 1982, as defined in regulation 1.28.3, of 40,000 tonnes deadweight or above, as referred to in regulation 2.5 of this Annex, solely engaged in specific trades, and the conditions specified in regulation 2.6 of this Annex are complied with; or

  • .2 the tanker is engaged exclusively in one or more of the following categories of voyages:

    • .1 voyages within special areas; or

    • .2 voyages within Arctic waters; or

    • .3 voyages within 50 nautical miles from the nearest land outside special areas or Arctic waters where the tanker is engaged in:

      • .1 trades between ports or terminals of a State Party to the present Convention; or

      • .2 restricted voyages as determined by the Administration, and of 72 hours or less in duration;


      provided that all of the following conditions are complied with:

      • .4 all oily mixtures are retained on board for subsequent discharge to reception facilities;


      • .5 for voyages specified in paragraph 5.2.3 of this regulation, the Administration has determined that adequate reception facilities are available to receive such oily mixtures in those oil loading ports or terminals the tanker calls at;

      • .6 the International Oil Pollution Prevention Certificate, when required, is endorsed to the effect that the ship is exclusively engaged in one or more of the categories of voyages specified in paragraphs 5.2.1 and of this regulation; and

      • .7 the quantity, time and port of discharge are recorded in the Oil Record Book.

  6 The Administration may waive the requirements of regulation 28(6) for the following oil tankers if loaded in accordance with the conditions approved by the Administration taking into account the guidelines developed by the Organizationfootnote:

  • .1 oil tankers which are on a dedicated service, with a limited number of permutations of loading such that all anticipated conditions have been approved in the stability information provided to the master in accordance with regulation 28(5);

  • .2 oil tankers where stability verification is made remotely by a means approved by the Administration;

  • .3 oil tankers which are loaded within an approved range of loading conditions; or

  • .4 oil tankers constructed before 1 January 2016 provided with approved limiting KG/GM curves covering all applicable intact and damage stability requirements.

  7 The Administration may exempt a UNSP bargefootnote from the requirements of regulations 6.1 and 7.1 of this Annex, by an International Oil Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled Barges, for a period not exceeding five years provided that the UNSP barge has undergone a survey to confirm that the conditions referred to in regulations 1.40.1 to 1.40.5 of this Annex are met.

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