Chapter 1.1
1.1.1.5.1 Replace “chapter 1.3” with
“paragraphs 1.3.1.4 to 1.3.1.7”
1.1.1.5.2 Replace “will be” with “is”
1.1.1.5.8 Replace “(Contact information
of competent authorities)” with “(Contact information
for the main designated national competent authorities)”
1.1.2.2.1 Replace Footnote with “The
revised text of Annex III was adopted by resolution
MEPC.156(55) and will enter into force on 1 January 2010, which
is the mandatory entry into force date of amendment 34-08 to the IMDG
Code”
1.1.2.2.1 Replace the text of MARPOL Annex III
with:
Annex III – Regulations for the Prevention of
Pollution by Harmful Substances Carried by Sea in Packaged Form
Regulation 1
Application
1 Unless expressly provided otherwise, the regulations
of this annex apply to all ships carrying harmful substances in packaged
form.
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.1 For the purpose of this annex, “harmful
substances” are those substances which are identified as marine
pollutants in the International Maritime Dangerous Goods Code (IMDG
Code)footnoteor which meet the criteria
in the Appendix of this annex.
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.2 For the purposes of this annex, “packaged
form” is defined as the forms of containment specified for harmful
substances in the IMDG Code.
2 The carriage of harmful substances is prohibited,
except in accordance with the provisions of this annex.
3 To supplement the provisions of this Annex,
the Government of each Party to the Convention shall issue, or cause
to be issued, detailed requirements on packing, marking, labelling,
documentation, stowage, quantity limitations and exceptions for preventing
or minimizing pollution of the marine environment by harmful substances.footnote
4 For the purposes of this Annex, empty packagings
which have been used previously for the carriage of harmful substances
shall themselves be treated as harmful substances unless adequate
precautions have been taken to ensure that they contain no residue
that is harmful to the marine environment.
5 The requirements of this Annex do not apply
to ship’s stores and equipment.
Regulation 2
Packing
Packages shall be adequate to minimize the hazard to the
marine environment, having regard to their specific contents.
Regulation 3
Marking and labelling
1 Packages containing a harmful substance shall
be durably marked with the correct technical name (trade names alone
shall not be used) and, further, shall be durably marked or labelled
to indicate that the substance is a marine pollutant. Such identification
shall be supplemented where possible by any other means, for example,
by use of the relevant United Nations number.
2 The method of marking the correct technical
name and of affixing labels on packages containing a harmful substance
shall be such that this information will still be identifiable on
packages surviving at least three months’ immersion in the sea.
In considering suitable marking and labelling, account shall be taken
of the durability of the materials used and of the surface of the
package.
3 Packages containing small quantities of harmful
substances may be exempted from the marking requirements.footnote
Documentation
1 In all documents relating to the carriage of
harmful substances by sea where such substances are named, the correct
technical name of each such substance shall be used (trade names alone
shall not be used) and the substance further identified by the addition
of the words “MARINE POLLUTANT”.
2 The shipping documents supplied by the shipper
shall include, or be accompanied by; a signed certificate or declaration
that the shipment offered for carriage is properly packaged and marked,
labelled or placarded as appropriate and in proper condition for carriage
to minimize the hazard to the marine environment.
3 Each ship carrying harmful substances shall
have a special list or manifest setting forth the harmful substances
on board and the location thereof. A detailed stowage plan which sets
out the location of the harmful substances on board may be used in
place of such special list or manifest. Copies of such documents shall
also be retained on shore by the owner of the ship or his representative
until the harmful substances are unloaded. A copy of one of these
documents shall be made available before departure to the person or
organization designated by the port State authority.
4 At any stopover, where any loading or unloading
operations, even partial, are carried out, a revision of the documents
listing the harmful substances taken on board, indicating their location
on board or showing a detailed stowage plan, shall be made available
before departure to the person or organization designated by the port
State authority.
5 When the ship carries a special list or manifest
or a detailed stowage plan, required for the carriage of dangerous
goods by the International Convention for the Safety of Life at Sea,
1974, as amended, the documents required by this regulation may be
combined with those for dangerous goods. Where documents are combined,
a clear distinction shall be made between dangerous goods and harmful
substances covered by this annex.
Regulation 5
Stowage
Harmful substances shall be properly stowed and secured
so as to minimize the hazards to the marine environment without impairing
the safety of the ship and persons on board.
Regulation 6
Quantity limitations
Certain harmful substances may, for sound scientific and
technical reasons, need to be prohibited for carriage or be limited
as to the quantity which may be carried aboard any one ship. In limiting
the quantity, due consideration shall be given to size, construction
and equipment of the ship, as well as the packaging and the inherent
nature of the substances.
Regulation 7
Expectations
1 Jettisoning of harmful substances carried in
packaged form shall be prohibited, except where necessary for the
purpose of securing the safety of the ship or saving life at sea.
2 Subject to the provisions of the present Convention,
appropriate measures based on the physical, chemical and biological
properties of harmful substances shall be taken to regulate the washing
of leakages overboard, provided that compliance with such measures
would not impair the safety of the ship and persons on board.
Regulation 8
Port State control on operational requirementsfootnote
1 A ship when in a port or an offshore terminal
of another Party is subject to inspection by officers duly authorized
by such Party concerning operational requirements under this annex,
where there are clear grounds for believing that the master or crew
are not familiar with essential shipboard procedures relating to the
prevention of pollution by harmful substances.
2 In the circumstances given in paragraph 1 of
this regulation, the Party shall take such steps as will ensure that
the ship shall not sail until the situation has been brought to order
in accordance with the requirements of this annex.
3 Procedures relating to the port State control
prescribed in Article 5 of the present Convention shall apply to this
regulation.
4 Nothing in this regulation shall be construed
to limit the rights and obligations of a Party carrying out control
over operational requirements specifically provided for in the present
Convention.
Appendix to Annex III – Criteria for the Identification
of Harmful Substances in Packaged Form
For the purposes of this annex, substances identified by
any one of the following criteria are harmful substancesfootnote:
Category: Acute 1
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96 hr
LC50 (for fish)
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≤ 1 mg/l
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and/or
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48 hr EC50
(for crustacea)
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≤ 1 mg/l
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and/or
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72 or 96 hr
ErC50 (for algae or other aquatic plants)
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≤ 1 mg/l
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Category: Chronic 1
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96 hr
LC50 (for fish)
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≤ 1 mg/l
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and/or
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48 hr
EC50 (for crustacea)
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≤ 1 mg/l
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and/or
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72 or 96 hr
ErC50 (for algae or other aquatic plants)
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≤ 1 mg/l
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and the substance is not rapidly degradable and/or the log
Kow ≥ 4 (unless the experimentally determined BCF <
500).
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Category: Chronic 2
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96 hr
LC50 (for fish)
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>1 to ≤ 10
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mg/l and/or
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48 hr
EC50 (for crustacea)
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>1 to ≤ 10 mg/
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l and/or
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72 or 96 hr
ErC50 (for algae or other aquatic plants)
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>1 to ≤ 10 mg/1
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and
the substance is not rapidly degradable and/or the log Kow
≥ 4 (unless the experimentally determined BCF < 500), unless the
chronic toxicity NOECs are > 1 mg/l.
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Consequential amendments:
1.1.3 Replace “Transport of radioactive
material” with “Dangerous goods forbidden from transport”
2.0.4.2 Replace “1.1.4” with “1.1.3”
3.1.2.6 Replace “1.1.4” with “1.1.3”
5.1.5.2.3 Replace “1.1.3.4” with “1.5.4”
6.4.23.6 Replace “1.1.3.1” with “1.5.3.1”
6.4.23.7 Replace “1.1.3.1” with “1.5.3.1”
6.4.23.8(d) Replace “1.1.3.1” with
“1.5.3.1”
6.4.23.11(i) Replace “1.1.3.1” with
“1.5.3.1”
6.4.23.12(r) Replace “1.1.3.1” with
“1.5.3.1”
6.4.23.13(l) Replace “1.1.3.1” with
“1.5.3.1”
6.4.23.14(t) Replace “1.1.3.1” with
“1.5.3.1”
6.4.23.24(1) Replace “1.1.3.1” with
“1.5.3.1”
6.4.23.24(2) Replace “1.1.3.1” with
“1.5.3.1”
6.4.23.24(3) Replace “1.1.3.1” with
“1.5.3.1”
6.4.23.24(4) Replace “1.1.3.1” with
“1.5.3.1”
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