1 INTRODUCTION
1.1 The carriage of liquid substances in bulk is regulated by SOLAS, as
amended, and MARPOL, as amended, which collectively address both safety and
pollution prevention considerations.
1.2 Liquid substances that may be offered for shipment in bulk can be
divided into the following groups:
1.3 Liquefied gases listed in chapter 19 of the International Code of the
Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code) are
subject to the provisions of that Code. For tripartite agreements established under
the provisions of the IGC Code (after 1 January 2016), reference is made to
resolution MSC.370(93), as amended.
1.4 "Oil", as referred to in paragraph 1.2.2 above, is defined as per
MARPOL Annex I.
1.5 "Energy-rich fuels" obtained from biological origin or non-petroleum
sources as defined in the Guidelines for the carriage of energy-rich fuels and
their blends (MEPC.1/Circ.879), are considered as MARPOL Annex I cargoes.
When carrying energy-rich fuels listed in annex 12 to the MEPC.2/Circular on
Provisional categorization of liquid substances in accordance with MARPOL
Annex II and the IBC code, the requirements of MARPOL Annex I, rather than
MARPOL Annex II, should apply.
1.6 Trade-named mixture as defined in lists 2, 3 and 4 of the
MEPC.2/Circular, means a mixture or solution composed of two or more components
which are mixed but not chemically combined or reacted, and which can be separated
by physical means.
1.7 A number of products can be shipped either on gas carriers or
chemical tankers. These are included in both chapter 19 of the IGC Code, marked with
an asterisk, and in chapter 17 of the International Code for the Construction and
Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code).
1.8 Each liquid substance offered for carriage in bulk should be
identified as either a "liquefied gas", an "oil" or a "product". These Guidelines
apply only to liquid substances identified as products.
1.9 The requirements for the carriage of liquid products in bulk are
defined in the IBC Code and the Code for the Construction and Equipment of Ships
Carrying Dangerous Chemicals in Bulk (BCH Code). The IBC Code applies to chemical
tankers built on or after 1 July 1986 and is mandatory under both SOLAS and MARPOL.
The BCH Code applies to those tankers built before 1 July 1986. The latter is
mandatory under MARPOL and recommended under SOLAS.
1.10 The present Guidelines make reference to the IBC Code. Reference to
the BCH Code is implied, where applicable.
1.11 The procedures described in the present Guidelines are presented in flow chart
form in appendix 1.
Bodies involved in the assessment process and related documentation
1.12 The process for the full assessment of liquid products offered for carriage in
bulk involves a number of entities that, as a result of the assessments undertaken,
produce a number of related product lists. These entities and lists, which are
defined below, are referred to throughout the Guidelines.
| GESAMP
|
Joint Group
of Experts on the Scientific Aspects of Marine Environmental
Protection (GESAMP)
|
| GESAMP/EHS
|
GESAMP
Working Group on the Evaluation of the Hazards of Harmful
Substances Carried by Ships (EHS). An independent body of
scientific experts that meets annually to assess the hazards of
bulk liquid substances regulated under MARPOL Annex II and,
based on the data received, assign a hazard profile for a
product. This is known as the GESAMP Hazard Profile (GHP). Once
evaluated, an entry for the substance and its GESAMP Hazard
Profile is permanently added to the GESAMP Composite List, which
is updated and circulated annually as a PPR.1 circular,
following each GESAMP/EHS meeting.
|
| GESAMP
Hazard Profile
|
The GESAMP
Hazard Profile consists of an alphanumerical rating system
indicating a substance's hazards to the marine environment and
human health. Ratings are applied to each of 13 end-points that
represent an environmental or human health effect of a given
product. These 13 ratings collectively make up the hazard
profile.
|
| GESAMP/EHS Product Data Reporting Form
|
This form
sets out all the technical information required by GESAMP/EHS to
evaluate a product and assign a GESAMP Hazard Profile. It can be
accessed on the IMO website at:
|
| http://www.imo.org/OurWork/Environment/PollutionPrevention/ChemicalPollution/Pages/ChemicalsReportingForms.aspx
|
| GESAMP
Reports and Studies No. 102footnote
|
The GESAMP
Hazard Evaluation Procedure for Chemicals Carried by Ships,
2019, is used by the GESAMP/EHS Working Group for the evaluation
of the hazards of chemicals (substances and mixtures) in liquid
form, as governed by MARPOL Annex II and the IBC Code.
|
| PPR
|
Sub-Committee
on Pollution Prevention and Response
|
| ESPH
|
PPR Working
Group on the Evaluation of Safety and Pollution Hazards of
Chemicals (ESPH). On the basis of the GESAMP Hazard Profile and
other properties, the ESPH Working Group determines the
pollution category and carriage requirements for the respective
products, in accordance with MARPOL Annex II and chapter 21 of
the IBC Code. These substances are then added to the product
lists included in the MEPC.2/Circular, which is updated and
issued annually by IMO.
|
| Reporting
country
|
Refers to the
country that, through its Administration, undertakes the
provisional assessment of a product, in accordance with the
criteria set out in the present guidelines, and establishes a
tripartite agreement for the product.
|
| Receiving
country
|
Refers to the
country(ies) that will be the recipient of the product, covered
by a provisional assessment and tripartite agreement.
|
| Participating country
|
Refers to the
country(ies) that have concurred and signed on to a tripartite
agreement proposed by the reporting country. These include the
flag State(s) of the vessel(s) that would be carrying the
product and the recipient countries that would be receiving the
product.
|
| MEPC.2/Circular
|
The
Provisional Categorization of Liquid Substances in
accordance with MARPOL Annex II and the IBC Code. This
circular is a compilation of products and their carriage
requirements, established either under a tripartite agreement
(with an expiry date) or that have been fully assessed by IMO
(no expiry date). An updated list is disseminated each December
by IMO, incorporating any new products assessed or any
modifications made to existing products during the year.
Products in list 1 of the circular that have been formally
reviewed by ESPH and are valid for all countries will be
incorporated into the IBC Code when the Code is next
updated.
|
| PPR.1/Circular
|
Source of the
latest "GESAMP Composite List". The PPR.1/Circular contains a
compilation of all substances assessed by GESAMP/EHS and the
resulting GESAMP Hazard Profiles (GHP). GESAMP/EHS meets
annually to assess substances. Following this, the
PPR.1/Circular is circulated, which includes the report of the
meeting and the update of the GESAMP Composite List.
|
| PPR
Product Data Reporting Form
|
This form
sets out all the technical information required by the ESPH to
assign a pollution category (in accordance with MARPOL Annex II)
and carriage conditions (under the IBC Code) for liquid
substances carried in bulk. The form and related guidance notes
are set out in MEPC.1/Circ.857. These are also available for
download at the IMO website.footnote
|
1.13 These Guidelines also make reference to a number of documents to be referred to
when ascertaining the carriage requirements for liquid products shipped in bulk. A
summary of these information sources is included in appendix 2.
2 ASSESSED PRODUCTS
2.1 "Assessed products" are those products that have been evaluated by the GESAMP/EHS
and have had their carriage requirements confirmed by IMO. These are subsequently
included in chapters 17, 18 or 19 of the IBC Code, or in the latest edition of the
MEPC.2/Circular, for all countries with no expiry date.
2.2 A product can be still be shipped as an assessed product if it contains up to a
total of 1% unassessed components, which are mixed with the assessed component(s).
Such unassessed component(s) cannot be oil as defined in MARPOL Annex I or mixed
with a product with pollution category "OS".
2.3 It should be noted that technically pure substances may contain impurities or
by-products from processing but the name of the product would reflect the chemical
name of the substance and not to any impurities or by-products present, and that
this would not affect the carriage requirements in any way.
2.4 If a liquid substance is to be shipped as a product, the shipper should first
check whether it is listed in chapters 17, 18 or 19 of the IBC Code, or in the
latest edition of the MEPC.2/Circular.
2.5 If it appears in any of these, then the product must be shipped under the product
name listed in chapter 17 or 18 of the IBC Code or the latest edition of
MEPC.2/Circular.
2.6 The products listed in the IBC Code are pure or technically pure products and
also include solutions and generic mixtures that have been evaluated as a whole. The
product lists set out in chapters 17, 18 or 19 of the IBC Code are updated with each
subsequent amendment of the lists, usually on a 4-5 year cycle.
2.7 Chapter 19 of the IBC Code, i.e. the Index of Products Carried in Bulk (later
referred to as the "Index") sets out most of the commonly used synonyms of the
products listed in chapters 17 and 18. The Index is also updated in each consecutive
edition of the IBC Code.
2.8 If the product is not listed in chapters 17, 18 or 19 of the IBC Code, the next
step is to consult list 1 of MEPC.2/Circular. List 1 of the circular contains pure
or technically pure products and generic mixtures evaluated as a whole.
2.9 The MEPC.2/Circular also includes the following other lists:
-
.1 List 2: Pollutant-only mixtures containing at
least 99% by weight of components already assessed by IMO (covered in
section 5);
-
.2 List 3: (Trade-named) mixtures presenting safety hazards
(covered in section 6);
-
.3 List 4: Pollutant-only mixtures containing one or
more components, forming more than 1% by weight of the mixture, which
have not yet been assessed by IMO; and
-
.4 List 5: Substances not shipped in pure form but as components in
mixtures.
2.10 If the product is not listed in the IBC Code or in the MEPC.2/Circular then it
is necessary to check whether the product has already been provisionally assessed
under a tripartite agreement by consulting the appropriate section of the IMO
website:
http://www.imo.org/OurWork/Environment/PollutionPrevention/ChemicalPollution/Pages/TripartiteAgreements.aspx
This portion of the website is updated throughout the year based on receipt of
notification from Member States of any new tripartite agreements established through
their respective Administrations.
2.11 If a product has already been provisionally assessed and a tripartite agreement
exists, any interested countries should contact the reporting country, i.e. the
country that has initiated the tripartite agreement, to obtain a copy of the
agreement. Such an interested country will then review the assessment and, if it
agrees, will consider becoming a party to it. When carrying out this review, any new
data should be taken into account, so that an accurate assessment can be made in
accordance with the applicable section of these Guidelines. If an interested party
is in agreement with the provisional assessment as it stands and wishes to join the
tripartite agreement, it must make a request to the reporting country directly. Once
this has been agreed, the inclusion of the new country in the agreement must be duly
communicated to IMO by the reporting country, which will then update this
information in its database (GISIS) and on the IMO website. The new information will
be also reflected in the MEPC.2/Circular when next issued.
2.12 If there is no tripartite agreement for the product, one must be established, as
described in section 8, in order to be able to ship the product.
3 UNASSESSED PRODUCTS
3.1 Unassessed products are those products that have not had their carriage
requirements confirmed by IMO. Consequently, they would not appear in chapters 17,
18 or 19 of the IBC Code, nor in the latest edition of the MEPC.2/Circular, other
than under a tripartite agreement with an expiry date.
3.2 Unassessed products are grouped as follows:
-
.1 pure or technically pure products and mixtures assessed as a whole;
(list 1 of the MEPC.2/Circular; see section 4);
-
.2 pollutant-only mixtures, containing at least 99% by weight of
components already assessed by IMO (list 2 of the MEPC.2/Circular; see
section 5);
-
.3 trade-named mixtures presenting safety hazards (list 3 of the
MEPC.2/Circular; see section 6); and
-
.4 pollutant-only mixtures containing one or more components, forming
more than 1% by weight of the mixture, which have not yet been assessed
by IMO (list 4 of the MEPC.2/Circular; see section 7);
-
.5 complex mixtures (see section 9).
3.3 The products or mixtures referred to paragraphs in 3.2.1, 3.2.3 and 3.2.4 above
may be provisionally assessed under a tripartite agreement, as described in section
8, in accordance with regulation 6.3 of MARPOL Annex II.
3.4 Once the provisional assessment has been made, a tripartite agreement, as
described in section 8, should be established in order to be able to ship the
product.
3.5 Pollutant-only mixtures, containing at least 99% by weight of components already
assessed by IMO that do not present a safety hazard, referred to in paragraph 3.2.2
above, are assessed in a more simplified manner.
3.6 Given that these products only represent a pollution hazard and virtually all the
components of the mixture would have already been assessed (99%), it is possible for
the reporting country to assess the product and assign carriage requirements without
the concurrence of the flag States and receiving countries, as is normally required
for the establishment of tripartite agreements (see section 8).
3.7 For such cases, the Administration of the reporting country will assign a
pollution category and carriage requirements for the product and communicate the
results of its assessment to the relevant flag State and receiving country, as well
as to IMO, so that the information may be posted on the IMO website. The product
entry will also be included in the MEPC.2/Circular, when next issued. These mixtures
will be shipped under the applicable generic entry in the IBC Code (i.e. Noxious
Liquid (n.o.s.) covered under chapter 17 or Non-Noxious Liquid (n.o.s.) covered
under chapter 18), without the need for an addendum to the ship's Certificate of
Fitness.
4 PROVISIONAL ASSESSMENT OF PURE OR TECHNICALLY PURE PRODUCTS, AND GENERIC
MIXTURES EVALUATED AS A WHOLE
4.1 In the case of pure or technically pure products and generic mixtures assessed as
a whole, the Administration of the reporting country should provisionally assess the
product and assign the pollution category, the ship type and carriage requirements,
in accordance with the provisions of MARPOL Annex II and the IBC Code, on the basis
of the data supplied by the manufacturer/shipper, and the product's GESAMP Hazard
Profile, if available.
4.2 The following reference documents provide guidance to the Administration for
assessing the pollution and safety hazards of a product:
-
.1 Guidelines for the categorization of noxious liquid
substances (MARPOL Annex II, appendix I);
-
.2 chapter 21 of the IBC Code, Criteria for assigning
carriage requirements for products subject to the IBC Code; and
-
.3 GESAMP Reports and Studies No.102 – The GESAMP Hazard
Evaluation Procedure for Chemicals Carried by Ships, 2019.
4.3 The first step for the Administration is to consult the latest version of the
GESAMP Composite List (PPR.1/Circular).
4.4 If a GESAMP Hazard Profile exists in the GESAMP Composite List for the product in
question, its pollution category can be derived following the guidelines set out in
MARPOL Annex II, appendix I (see 4.2.1 above). Once the pollution category has been
identified, the ship type and carriage requirements can be then derived by following
the criteria set out in chapter 21 of the IBC Code (see 4.2.2 above).
4.5 If no hazard profile exists for the product, all available data needed to
establish a provisional hazard profile should be provided by the
manufacturer/shipper based on the parameters set out in GESAMP Reports and Studies
No.102.
4.6 When adequate data are available, a provisional hazard profile can be derived,
based on the criteria developed by GESAMP/EHS (see 4.2.3 above). The provisional
pollution category should then be derived on the basis of the provisional hazard
profile by following the guidelines referred to in 4.2.1 above. The ship type and
carriage requirements should be derived in accordance with 4.2.2.
4.7 When sufficient data are not available, the Administration of the reporting
country should use the information submitted by the manufacturer/shipper to make an
assessment by analogy to chemically similar substances, from the following sources:
-
.1 the IBC Code (chapters 17, 18, 19);
-
.2 the latest MEPC.2/Circular, which lists the products
assessed by IMO and those provisionally assessed by tripartite
agreement; and
-
.3 the GESAMP Composite List (PPR.1/Circular), listing all
substances for which hazard profiles exist.
4.8 When several alternative analogies are possible, the most severe should prevail.
4.9 Once the provisional assessment is made, a tripartite agreement, as described in
section 8, should be established in order to be able to ship the product.
5 ASSESSMENT OF POLLUTANT-ONLY
TRADE-NAMED MIXTURES CONTAINING PRODUCTS ALREADY ASSESSED BY IMO
5.1 This section addresses the mixtures defined in paragraph 3.2.2, i.e.
pollutant-only mixtures presenting no safety hazard and containing at least 99% by
weight of products (i.e. pure/technically pure products) already assessed by IMO.
Products that have been assessed by IMO are:
-
.1 those listed in chapters 17, 18 or 19 of the IBC Code; and
-
.2 those listed in list 1 of the MEPC.2/Circular, without an expiry date.
5.2 Deleted.
5.3 The pollution category and the ship type for these mixtures are derived from the
GESAMP Hazard Profiles of the components, using the calculation method set out in
paragraphs 5.5 and 5.6. For all assessments, the GHP in the most recent edition of
the GESAMP Composite list should be used.
5.4 For the purpose of this calculation, unassessed components up to 1% are to be
assigned a component factor of 10,000 for pollution categorization and a component
factor of 100 is to be used for assignment of ship type. A component factor of 100
is also assigned to diluent mineral oil.footnote
Calculation of the pollution category
5.5 The first step in the assessment process is to establish the pollution category
of the mixture by the following procedure:
-
.1 identify the GESAMP Hazard Profile of each component from
the latest edition of the GESAMP Composite List (PPR.1/Circular);
-
.2 multiply the concentration of each identified component
in the mixture, expressed in percent by weight, by the factor associated
with its GESAMP Hazard Profile using table 1, taking the ratings
resulting in the highest component factor into account;
-
.3 add the resultant multiples to obtain the "Sp" value;
i.e. Sp = Σ (Each component %wt) x (Each component factor);
then
-
.4 refer to table 2 to determine the pollution category that
corresponds to the resultant Sp value.
Table 1 – Component factors for calculation of pollution category
| Row
|
Rule No
(Guidelines for
categorization, Appendix 1 to MARPOL
Annex II)
|
A1
|
A2
|
B1
|
B2
|
D3
|
E2
|
Component
Factor
|
Row
|
| a
|
1
|
≥4
|
NR
|
>6
|
|
|
|
100,000
|
a
|
| b
|
1
|
≥4
|
|
>6
|
|
|
|
100,000
|
b
|
| c
|
1
|
|
NR
|
>6
|
|
|
|
100,000
|
c
|
| d
|
4
|
≥4
|
NR
|
|
|
CMRTNIfootnote
|
|
25,000
|
d
|
| e
|
1
|
|
|
>6
|
|
|
|
10,000
|
e
|
| f
|
1
|
≥4
|
NR
|
5
|
|
|
|
10,000
|
f
|
| g
|
1
|
≥4
|
|
5
|
|
|
|
10,000
|
g
|
| h
|
1
|
|
NR
|
5
|
|
|
|
10,000
|
h
|
| i
|
1
|
|
|
5
|
|
|
|
1,000
|
i
|
| j
|
2
|
≥4
|
NR
|
4
|
|
|
|
1,000
|
j
|
| k
|
2
|
≥4
|
|
4
|
|
|
|
1,000
|
k
|
| l
|
3
|
|
NR
|
4
|
|
|
|
1,000
|
l
|
| m
|
5
|
|
|
4
|
|
|
|
100
|
m
|
| n
|
11
|
|
|
|
|
CMRTNI
|
|
25
|
n
|
| o
|
6
|
|
|
3
|
|
|
|
10
|
o
|
| p
|
7
|
|
|
2
|
|
|
|
1
|
p
|
| q
|
8
|
≥4
|
NR
|
|
Not 0
|
|
|
1
|
q
|
| r
|
9
|
|
|
|
≥1
|
|
|
1
|
r
|
| s
|
10
|
|
|
|
|
|
Fp, F or S if not
Inorganic
|
1
|
s
|
| t
|
12
|
Any product not meeting the criteria
of rules 1 to 11 and 13
|
0
|
t
|
| u
|
13
|
Any OS substance
|
0
|
u
|
Table 2 – Determination of pollution category based on Sp value
| Sp
Value
|
Pollution category
|
| Sp ≥ 25,000
|
X
|
| Sp < 25,000 and Sp ≥ 25
|
Y
|
| Sp < 25 unless all individual components are OS
|
Z
|
| a mixture
where all individual components are OS
|
OS
|
Calculation of ship type
5.6 The next step is to establish the ship type for the mixture as follows:
-
.1 identify the ship type for each component from the IBC Code (chapters
17 or 18) or the MEPC.2/Circular, as appropriate;
-
.2 multiply the concentration of each component in the mixture, expressed
in percent by weight, by the factor associated with its ship type
according to the table 3;
Table 3 – Component factors for calculation of ship type
| Ship
type
|
Factor
|
| 1
|
1,000
|
| 2
|
100
|
| 3
|
10
|
| NA
|
0
|
| diluent
mineral oil
|
10
|
-
.3 add the resultant multiples to obtain the "Ss" value;
i.e. Ss = Σ (Each component %wt) x (Each component factor);
-
.4 refer to the left-hand column of table 4 for determining ship types
and identify the row that corresponds to calculated "Ss" value; and
-
.5 refer to table 4 below to determine the ship type that corresponds to
the resultant Ss value in the left-hand column and then, reading across
the row, answer the questions to determine the ship type.
Table 4 – Determination of ship types based on Ss value
| Ss Value
|
Question
|
Answer
|
Ship
Type
|
| Ss ≥ 10,000
|
Is the sum of
ST 1 multiples
≥ 10,000?
|
Yes →
|
1
|
| No →
|
2
|
| 10,000 >
Ss ≥1,000
|
Is the sum of
ST 1 & 2 multiples
≥1,000?
|
Yes →
|
2
|
| No →
|
3
|
| 1,000>Ss ≥100
|
|
|
3
|
| Ss <100
|
Is the
pollution category of the mixture X or Y?
|
Yes →
|
3
|
| N →
|
NA
|
5.7 Examples of the calculations for determining the pollution category are given in
appendix 4 and examples for calculating the ship type for mixtures are given in
appendix 5. In addition, an automated tool, with accompanying guidance notes, has
also been developed to assist Administrations in undertaking the above calculations,
which are known as "mixture calculations" for trade-named mixtures. This tool can be
accessed on the IMO website at:
http://www.imo.org/en/OurWork/Environment/PollutionPrevention/ChemicalPollution/Pages/ChemicalsReportingForms.aspx
5.8 On the basis of the calculated pollution category and ship type, and taking into
account its flashpoint, a mixture is then assigned to the appropriate generic
"Noxious (or non-noxious) liquid, n.o.s." entry in the IBC Code with the assignment
of the corresponding carriage requirements.
5.9 A pollutant-only mixture is identified by reference to the appropriate generic
n.o.s. entry in the IBC Code, completed by the identification of a trade name and of
the component responsible for the assigned pollution category. Trade names should be
of a commercial nature and should not contain anything that could be construed as a
chemical name, chemical formula, or other generally accepted chemical descriptor.
5.10 If the mixture contains diluent mineral oil, which could contribute the
assignment of the pollution category, the n.o.s. designation of the mixture should
be followed by the words "contains mineral oil".
5.11 The process of assigning a pollutant-only mixture of assessed components to one
of the generic n.o.s. entries in the IBC Code is of a purely mathematical nature and
does not require an assessment. In the interest of facilitating shipments, the
Administration of the reporting country may authorize the manufacturer to carry out
the assignment on its behalf.
5.12 In such a case, the obligation to inform the flag States and the receiving
countries of the product assignment falls on the delegated manufacturer. The
manufacturer should also inform IMO, if so requested by the authorizing
Administration. Notification of the assignment by the manufacturer should be
accompanied by an authorization letter indicating that the manufacturer is acting
under instruction and on behalf of the Administration. Following notification to
IMO, the mixture will be added to the list of products on the IMO website and in
list 2 of the MEPC.2/Circular, when next issued.
5.13 The manufacturer should also inform the authorizing Administration of the
assignment performed. Upon request, the manufacturer should also provide the flag
State and/or the receiving country with details of the mixture assignment.
6 ASSESSMENT OF TRADE-NAMED MIXTURES PRESENTING SAFETY HAZARDS CONTAINING
PRODUCTS THAT HAVE ALREADY BEEN ASSESSED BY IMO
6.1 This section addresses those mixtures presenting a safety hazard,
i.e. one or more of the components designated an "S" or "S/P" in column d of
chapter 17 of the IBC Code or of the MEPC.2/Circular, containing at least 99% by
weight of products already assessed by IMO.
6.2 For the purpose of this section, products that have been assessed by IMO are:
-
.1 those listed in chapters 17, 18 and 19 of the IBC Code; and
-
.2 those listed in list 1 of the MEPC.2/Circular, without an expiry
date.
6.3 Similar to the procedure set out in section 5, the first step for the
Administration of the reporting country is to calculate the pollution category and
ship type for the mixture, following the method set out in paragraphs 5.5 and 5.6.
6.4 The Administration should then assess the safety hazards of the mixture and
assign carriage requirements. The minimum carriage requirements of each column in
the Code is determined by selecting the most stringent requirement of the components
present in the mixture. However, if the PPR Data Reporting Form contains data on the
mixture as a whole for certain safety criteria, the carriage requirements can be
assigned accordingly. The Administration should also determine the ship type based
on the criteria in paragraph 21.4.5.2 of the IBC Code and, if it is more stringent
than that in paragraph 6.3, assign the more stringent ship type.
6.5 Trade-named mixtures presenting safety hazards cannot be shipped under any of the
generic n.o.s. entries in the IBC Code. A shipping name must therefore be assigned
and will be composed of:
-
.1 the trade name, followed by;
-
.2 an identification, in parentheses, of the principal substance(s)
responsible for the safety and/or pollution hazards of the mixture. This
is what is known as the "contains name" of the product.
6.6 Assigned trade names for such mixtures should be of a commercial nature and
should not contain anything that could be construed as a chemical name, chemical
formula or other generally accepted chemical descriptor. Products submitted for
assessment by IMO may be rejected or require renaming if chemical descriptors, as
identified above, are included as part of the trade name. The contains name for the
mixture should be the corresponding product name, as set out in chapter 17 of the
IBC Code or list 1 of the MEPC.2/Circular.
6.7 The contains name of a trade-named mixture may be a single product or two
different products. The selected contains name(s) should correspond to a product
name(s) set out in chapter 17 of the IBC Code or list 1 of the MEPC.2/Circular.
Where a trade-named mixture contains both pollution and safety hazards, the product
representing the safety hazard should be listed first in the contains name, followed
by the product representing the pollution hazard, unless they are one and the same.
If the mixture contains diluent mineral oil, which could contribute the assignment
of the pollution category, this should also be indicated in the contains name,
following the product name(s) as follows: "contains mineral oil".
Mixtures assessed as a whole
6.8 Mixtures with a generic technical name presenting safety hazards assessed as a
whole should be assigned to list 1 of the MEPC.2/Circular.
6.9 Once a provisional assessment is made, a tripartite agreement, as described in
section 8, should be established in order to be able to ship the product.
7 ASSESSMENT OF MIXTURES CONTAINING ONE OR MORE COMPONENTS WHICH HAVE NOT YET
BEEN ASSESSED BY IMO
7.1 This section addresses mixtures containing one or more components, forming more
than 1% by weight of the mixture, that have not yet been assessed by IMO. Given that
these components have not been assessed, they would not be listed in chapters 17, 18
or 19 of the IBC Code, nor in the MEPC.2/Circular.
7.2 There are two possible ways of assessing such mixtures:
-
.1 if sufficient data are available for the mixture as a whole, it should
be assessed as if it were a pure or technically pure product, in
accordance with section 4;
-
.2 if sufficient data for the mixture as a whole are not available, the
Administration of the reporting country should:
-
.1 provisionally assess each unassessed component, in
accordance with section 4; and then
-
.2 assess the mixture by calculation, as shown in section 5,
for a pollutant-only mixture, and section 6, for trade-named
mixtures presenting safety hazards.
Mixtures presenting only pollution hazards
7.3 Following a provisional assessment of the mixture presenting only pollution
hazards, the reporting country may initiate a tripartite agreement, as described in
section 8. These mixtures will be shipped under the applicable generic entry in the
IBC Code (i.e. noxious liquid (n.o.s.) or non-noxious liquid (n.o.s.)), without the
need for an addendum to the ship's Certificate of Fitness.
7.4 Once the tripartite agreement has been communicated to IMO, the details of the
assessment will be included on the IMO website and in list 4 in the next edition of
the MEPC.2/Circular.
7.5 As described in paragraph 7.2, the manufacturer has the option of forwarding the
available data on the whole mixture to GESAMP/EHS, in the case of 7.2.1, or on each
individual unassessed component, in the case of 7.2.2, in order to establish the
respective GESAMP Hazard Profiles. This should be done following the procedure set
out in section 10.
Mixtures presenting safety hazards
7.6 When an unassessed component presents safety hazards, the Administration of the
reporting country should follow the procedure set out in section 4, as if the
component is to be shipped as a pure or a technically pure product.
7.7 Once the provisional assessment has been made for a component as described in 7.6
above, the procedure set out in section 6 should be followed.
7.8 Further to the provisional assessment, the reporting country should initiate a
tripartite agreement, as described in section 8, in order to be able to ship the
product.
7.9 Provisionally assessed trade-named mixtures presenting safety hazards will be
included in the list 3 of the MEPC.2/Circular, and mixtures with a generic technical
name will be included in the list 1 of the MEPC.2/Circular, both with an expiry date
of three years.
7.10 The manufacturer will forward the available data on the mixture as a whole to
GESAMP/EHS, in the case of 7.2.1, or on each individual unassessed component in the
case of 7.2.2, in order to assign the respective GESAMP Hazard Profiles. This should
be done following the procedure set out in section 10.
7.11 When information on the mixture or on all of the components is available, the
product should be reviewed and a submission made to IMO to reassign it to the
appropriate list in the MEPC.2/Circular, as an entry for all countries without an
expiry date.
8 ESTABLISHING TRIPARTITE AGREEMENTS AND RELATED ADMINISTRATIVE REQUIREMENTS
Tripartite agreements
8.1 In order to be able to ship a product which has been provisionally
assessed, but has not yet been fully assessed by IMO, the reporting country must
establish a tripartite agreement.
8.2 Provisional assessments by tripartite agreement will expire three
years after their first publication in the MEPC.2/Circular. It is intended that this
three-year period would allow sufficient time for the product (and/or its
components, as appropriate) to be fully assessed by both the GESAMP/EHS and IMO (see
section 9) and subsequently included in the MEPC.2/Circular, with validity for all
countries and with no expiry date.
8.3 It is critical that this is done within the specified period as,
once a tripartite agreement has expired, no new tripartite agreement may be
established for the same product, even under a different name. As a consequence, the
product can no longer be carried until it has been fully assessed and included in
either the MEPC.2/Circular, as an entry for all countries without an expiry date.
8.4 It is in the best interest of the manufacturer or shipper to submit
the necessary data for a provisional assessment by tripartite agreement to the
Administration of the reporting country well in advance of a planned shipment. The
Administration should avoid unnecessary delays in initiating the tripartite
agreement, after receiving the complete set of information.
8.5 When the provisional assessment of products that present safety
hazards is completed, an addendum to the ship's Certificate of Fitness must be
issued by the Administration of the flag State of the ship, before the product is
loaded on board. An example of an addendum is given in appendix 3.
8.6 Until the provisional assessment is fully agreed by the countries
involved and a tripartite agreement has been established, the product(s) shall not
be carried.
Administrative aspects of establishing a tripartite agreement
8.7 To initiate a tripartite agreement, the Administration of the reporting country
should seek the concurrence of the Administrations of the flag State(s) and
receiving countries for the provisional assessment, by providing information on
which the provisional pollution and safety hazard assessments have been based. For
this purpose, the standard format for proposing tripartite agreements for the
provisional assessment of liquid substances should be used; as set out in appendix
6. Contact details for tripartite agreements are published in annex 8 of the latest
MEPC.2/Circular and can also be accessed at any time on the GISIS web portal of the
IMO website.footnote
8.8 Once a provisional assessment for the establishment of a tripartite agreement has
been received by a flag State or receiving country, Administrations are expected to
respond within 14 days.
8.9 In the absence of an interim or final response to the proposal for a tripartite
agreement from any of the parties within this 14-day period, the provisional
assessment proposed by the Administration of the reporting country is deemed to have
been accepted.
8.10 Those contact points that have not informed the Organization of their latest
contact details are also deemed to have accepted the tripartite agreement, whilst
other contact points should still follow regulation 6.3 of Annex II of MARPOL and
these Guidelines.
8.11 In the event of disagreement, the most severe of the conditions proposed should
prevail for the purposes of the tripartite agreement.
8.12 Following express or tacit agreement by the parties, the Administration of the
reporting country should inform IMO of the tripartite agreement, with details of the
provisional assessment within 30 days (or ideally as soon as possible), as required
by regulation 6.3 of MARPOL Annex II.
8.13 Following the establishment of the tripartite agreement, it is the
responsibility of the manufacturer to submit the product (pure or technically pure
substance; or the unassessed component(s) of a mixture; or the mixture as whole),
with all required technical data, to GESAMP/EHS for assignment of a GESAMP Hazard
Profile well in advance of the expiry date of the tripartite agreement as stated in
the latest MEPC.2/Circular. The process for submitting products for evaluation by
GESAMP/EHS is set out in section 10.
9 COMPLEX MIXTURES SUBMITTED
FOR ASSESSMENT AS A MARPOL ANNEX II PRODUCT
9.1 This section addresses complex mixtures submitted to IMO for consideration as a
MARPOL Annex II product and the criteria that will be applied to determine whether
such products should be classified under MARPOL Annex I or MARPOL Annex II.
9.2 A complex mixture is considered to be an Annex I cargo if all of the following
criteria apply:
-
.1 the product is a petrochemical complex mixture not produced by
chemical synthesis; and
-
.2 the product is obtained by refining (elimination of impurities) or
distillation of either crude oils or their blend-stocks or
de-aromatization; and
-
.3 the composition of the product can be described as a mixture of
hydrocarbon classes of chemicals, including alkanes with straight or
branched-chain, cycloalkanes and aromatics (e.g. naphthalene) etc.; and
-
.4 the composition incorporates a number of different chemical structure
types and the composition is a complex petrochemical mixture that may
vary from batch to batch depending on the origin of the crude oil feed
stock, and could be characterized as a UVCBfootnote substance.
9.3 In addition, Gas to Liquids (GTL) oils, as referenced in the Requirements for
the carriage of Gas to Liquids oils (BLG.1/Circ.23), and Shale oilsfootnote are considered as MARPOL Annex I cargoes.
10 SUBMISSION OF DATA TO GESAMP/EHS AND IMO
10.1 Following the establishment of a tripartite agreement for a pure or technically
pure product or of a mixture containing more than 1% by weight of unassessed
components, the manufacturer should take the necessary steps to ensure that their
product, or the product components (for mixtures), is duly assessed by GESAMP/EHS
and assigned a hazard profile(s), within the specified timeframe, i.e. prior to
expiry of the tripartite agreement.
10.2 The first step in this process is to complete the GESAMP/EHS Product Data
Reporting form and to submit the form, together with the required technical
information, to the attention of the GESAMP Secretariat, for assessment by
GESAMP/EHS. Product submissions should follow the guidance as given in GESAMP
Reports and Studies No.102 with respect to the technical information to be supplied.
The required form may be downloaded at:
http://www.imo.org/OurWork/Environment/PollutionPrevention/ChemicalPollution/Pages/ChemicalsReportingForms.aspx
10.3 Assessments undertaken by GESAMP/EHS are charged at a fixed rate per assessment,
i.e. per product or component (for mixtures) assessedfootnote.
10.4 Once a GESAMP Hazard Profile for a substance or components of a mixture has been
assigned, the manufacturer shall then submit to the Administration of the reporting
country a completed PPR Product Data Reporting Form, using the required information
from the GESAMP Hazard Profile and other technical data, as may be required. The
proposal should include the proposed pollution category and ship type and associated
carriage requirements. The PPR Data Reporting Form is available for download at the
link shown in paragraph 10.2.
10.5 The Administration of the reporting country should then submit a proposal to IMO
(either PPR or ESPH), for inclusion of the product in the MEPC.2/Circular as an
entry for all countries, without an expiry date. This should comprise a covering
note, in the appropriate IMO document format, and a completed PPR Data Reporting
form (see MEPC.1/Circ.857).