LegalizeDecreto n.º 18/93
TEXTO :
Decreto n.º 18/93
de 19 de Maio
Nos termos da alínea c) do n.º 1 do artigo 200.º da Constituição, o Governo decreta o seguinte:
Artigo único. São aprovadas, para adesão, as Emendas ao Anexo II da Convenção Internacional para a Prevenção da Poluição por Navios, modificada pelo Protocolo de 1978, cujo texto original em inglês e respectiva tradução para português seguem em anexo ao presente decreto.
Visto e aprovado em Conselho de Ministros de 3 de Dezembro de 1992. - Aníbal António Cavaco Silva - Joaquim Fernando Nogueira - Domingos Manuel Martins Jerónimo - Carlos Alberto Diogo Soares Borrego - Eduardo Eugénio Castro de Azevedo Soares.
Promulgado em 6 de Janeiro de 1993.
Publique-se.
O Presidente da República, MÁRIO SOARES.
Referendado em 8 de Janeiro de 1993.
O Primeiro-Ministro, Aníbal António Cavaco Silva.
AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973.
ANNEX II
Regulations for the control of pollution by noxious liquid substances in bulk
Regulation 1
Definitions
The following new paragraphs 10 to 14 are added to the existing text:
10 - «International Bulk Chemical Code» means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC 19(22), as may be amended by the Organization, provided that such amendments are adopted and brought into force in accordance with the provisions of article 16 of the present Convention concerning amendment procedures applicable to an appendix to an annex.
11 - «Bulk Chemical Code» means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC 20(22), as may be amended by the Organization, provided that such amendments are adopted and brought into force in accordance with the provisions of article 16 of the present Convention concerning amendment procedures applicable to an appendix to an annex.
12 - «Ship constructed» means a ship the keel of which is laid or which is at a similar stage of construction. A ship converted to a chemical tanker, irrespective of the date of construction, shall be treated as a chemical tanker constructed on the date on which such conversion commenced. This conversion provision shall not apply to the modification of a ship which complies with all of the following conditions:
The ship is constructed before 1 July 1986; and
The ship is certified under the Bulk Chemical Code to carry only those products identified by the Code as substances with pollution hazards only.
13 - «Similar stage of construction» means the stage at which:
Construction identifiable with a specific ship begins; and
Assembly of that ship has commenced comprising at least 50 tons or one per cent of the estimated mass of all structural material, whichever is less.
Regulation 2
Application
The following new paragraphs 4, 5 and 6 are added to the existing text:
4 - For ships constructed before 1 July 1986, the provisions of regulation 5 of this annex in respect of the requirement to discharge below the waterline and maximum concentration in the wake astern of the ship shall apply as from 1 January 1988.
5 - The Administration may allow any fitting, material, appliance of apparatus to be fitted in a ship as an alternative to that required by this annex if such fitting, material, appliance or apparatus is at least as effective as that required by this annex. This authority of the Administration shall not extend to the substitution of operational methods to effect the control of discharge of noxious liquid substances as equivalent to those design and construction features which are prescribed by regulations in this annex.
6 - The Administration which allows a fitting, material, appliance or apparatus as alternative to that required by this annex, under paragraph 5 of this regulation, shall communicate to the Organization for circulation to the Parties to the Convention, particulars thereof, for their information and appropriate action, if any.
Regulation 3
Categorization and listing of noxious liquid substances
In paragraph 1 of the existing text, the phrase «except regulation 13» is deleted.
Regulation 5
Discharge of noxious liquid substances
In paragraph 1 the existing text of the last sentence before sub-paragraph a) is replaced by:
Any water subsequently added to the tank may be discharged into the sea when all the following conditions are satisfied.
In paragraph 5 the existing text of the third sentence is replaced by:
Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to paragraph 1, 2, 3 or 4 of this regulation.
In paragraph 7 the existing text of the last sentence before sub-paragraph a) is replaced by:
Any water subsequently added to the tank may be discharged into the sea when all the following conditions are satisfied.
In paragraph 8 the existing text of sub-paragraph a) is replaced by:
The tank has been prewashed in accordance with the procedure approved by the Administration and based on standards developed by the Organization and the resulting tank washings have been discharged to a reception facility.
In paragraph 10 the third sentence of the existing text is replaced by:
Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to paragraph 7, 8 or 9 of this regulation.
The following new regulation 5-A is added to the existing text:
Regulation 5-A
Pumping, piping and unloading arrangements
1 - Every ship constructed on or after 1 July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a category B substance does not retain a quantity of residue in excess of 0.1 cubic metres in the tank's associated piping and in the immediate vicinity of that tank's suction point.
2 - a) Subject to the provisions of sub-paragraph b) of this paragraph, every ship constructed before 1 July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a category B substance does not retain a quantity of residue in excess of 0.3 cubic metres in the tank's associated piping and in the immediate vicinity of that tank's suction point.
Until 2 October 1994 ships referred to in sub-paragraph a) of this paragraph, if not in compliance with the requirements of that sub-paragraph, shall, as a minimum, be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions and surface residue assessment, that each tank designated for the carriage of a category B substance does not retain a quantity of residue in excess of 1 cubic metre or 1/3000 of the tank capacity in cubic metres, whichever is greater, in that tank and the associated piping.
3 - Every ship constructed on or after 1 July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a category C substance does not retain a quantity of residue in excess of 0.3 cubic metres in the tank's associated piping and in the immediate vicinity of that tank's suction point.
4 - a) Subject to the provisions of sub-paragraph b) of this paragraph, every ship constructed before 1 July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a category C substance does not retain a quantity of residue in excess of 0.9 cubic metres in the tank's associated piping and in the immediate vicinity of that tank's suction point.
Until 2 October 1994 the ships referred to in sub-paragraph a) of this paragraph, if not in compliance with the requirements of that sub-paragraph, shall, as a minimum, be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions and surface residue assessment, that each tank designated for the carriage of a category C substance does not retain a quantity of residue in excess of 3 cubic metres or 1/1000 of the tank capacity in cubic metres, whichever is greater, in that tank and the associated piping.
5 - Pumping conditions referred to in paragraphs 1, 2, 3 and 4 of this regulation shall be approved by the Administration and based on standards developed by the Organization. Pumping efficiency tests referred to in paragraphs 1, 2, 3 and 4 of this regulation shall use water as the test medium and shall be approved by the Administration and based on standards developed by the Organization. The residues on cargo tank surfaces, referred to in paragraphs 2, b), and 4, b), of this regulation shall be determined based on standards developed by the Organization.
6 - a) Subject to the provision of sub-paragraph b) of this paragraph, the provisions of paragraphs 2 and 4 of this regulation need not apply to a ship constructed before 1 July 1986 which is engaged in restricted voyages as determined by the Administration between:
Ports or terminals within a State Party to the present Convention; or
ii) Ports or terminals of States Parties to the present Convention.
The provisions of sub-paragraph a) of this paragraph shall only apply to a ship constructed before 1 July 1986 if:
Each time a tank containing category B or C substances or mixtures is to be washed or ballasted, the tank is washed in accordance with a prewash procedure approved by the Administration and based on standards developed by the Organization and the tank washings are discharged to a reception facility;
ii) Subsequent washings or ballast water are discharged to a reception facility or at sea in accordance with other provisions of this annex;
iii) The adequacy of the reception facilities at the ports or terminals referred to above, for the purpose of this paragraph, is approved by the Governments of the States Parties to the present Convention within which such ports or terminals are situated;
iv) In the case of ships engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention, the Administration communicates to the Organization, for circulation to the Parties to the Convention, particulars of the exemption, for their information and appropriate action, if any; and
The certificate required under this annex is endorsed to the effect that the ship is solely engaged in such restricted voyages.
7 - For a ship whose constructional and operational features are such that ballasting of cargo tanks is not required and cargo tank washing is only required for repair or dry docking, the Administration may allow exemption from the provisions of paragraphs 1, 2, 3 and 4 of this regulation, provided that all of the following conditions are complied with:
The design, construction and equipment of the ship are approved by the Administration, having regard to the service for which it is intended;
Any effluent from tank washings which may be carried out before a repair or dry docking is discharged to a reception facility, the adequacy of which is ascertained by the Administration;
The certificate required under this annex indicates:
That each tank is certified for the carriage of only one named substance; and
ii) The particulars of the exemption;
The ship carries a suitable operational manual approved by the Administration; and
In the case of ships engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention, the Administration communicates to the Organization, for circulation to the Parties to the Convention, particulars of the exemption, for their information and appropriate action, if any.
Regulation 7
The existing title of this regulation is replaced by «Reception facilities and cargo unloading terminal arrangements».
The following new paragraph 3 is added to the existing text:
3 - The Government of each Party to the Convention shall undertake to ensure that cargo unloading terminals shall provide arrangements to facilitate stripping of cargo tanks of ships unloadind noxious liquid substances at these terminals. Cargo hoses and piping systems of the terminal, containing noxious liquid substances received from ships unloading these substances at the terminal, shall not be drained back to the ship.
The existing text of paragraph 3 is renumbered as 4 and replaced by the following:
4 - Each Party shall notify the Organization, for transmission to the Parties concerned, of any case where facilities required under paragraph 1 or arrangements required under paragraph 3 of this regulation are alleged to be inadequate.
The existing text of regulation 8 is replaced by the following:
Regulation 8
Measures of control
1 - a) The Government of each Party to the Convention shall appoint or authorize surveyors for the purpose of implementing this regulation. The surveyors shall execute control in accordance with control procedures developed by the Organization.
The master of a ship carrying noxious liquid substances in bulk shall ensure that the provisions of regulation 5 and this regulation have been complied with and that the cargo record book is completed in accordance with regulation 9 of this annex whenever operations as referred to in that regulation take place.
An exemption referred to in paragraph 2, b), 5, b), 6, c), or 7, c), of this regulation may only be granted by the Government of the receiving Party to a ship engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention. When such an exemption has been granted, the appropriate entry made in the cargo record book shall be endorsed by the surveyor referred to in sub-paragraph a) of this paragraph.
Category A substances in all areas
2 - With respect to category A substances the following provisions shall apply in all areas:
A tank which has been unloaded shall, subject to the provisions of sub-paragraph b) of this paragraph, be washed in accordance with the requirements of paragraph 3 or 4 of this regulation before the ship leaves the port of unloading.
At the request of the ship's master, the Government of the receiving Party may exempt the ship from the requirements referred to in sub-paragraph a) of this paragraph, where it is satisfied that:
The tank unloaded is to be reloaded with the same substance or another substance compatible with the previous one and that the tank will not be washed or ballasted prior to loading; or
ii) The tank unloaded is neither washed nor ballasted at sea and the provisions of paragraph 3 or 4 of this regulation are complied with at another port provided that it has been confirmed in writing that a reception facility at that port is available and is adequate for such a purpose; or
iii) The cargo residues will be removed by a ventilation procedure approved by the Administration and based on standards developed by the Organization.
3 - If the tank is to be washed in accordance with sub-paragraph 2, a), of this regulation, the effluent from the tank washing operation shall be discharged to a reception facility at least until the concentration of the substance in the discharge, as indicated by analyses of samples of the effluent taken by the surveyor, has fallen to the residual concentration specified for that substance in appendix II to this annex. When the required residual concentration has been achieved, remaining tank washings shall continue to be discharged to the reception facility until the tank is empty. Appropriate entries of these operations shall be made in the cargo record book and endorsed by the surveyor referred to under paragraph 1, a), of this regulation.
4 - Where the Government of the receiving Party is satisfied that it is impracticable to measure the concentration of the substance in the effluent without causing undue delay to the ship, that Party may accept an alternative procedure as being equivalent to paragraph 3 of this regulation provided that:
The tank is prewashed in accordance with a procedure approved by the Administration and based on standards develop by the Organization; and
The surveyor referred to under paragraph 1, a), certifies in the cargo record book that:
The tank, its pump and piping systems have been emptied; and
ii) The prewash has been carried out in accordance with the prewash procedure approved by the Administration for that tank and that substance; and
iii) The tank washings resulting from such prewash have been discharged to a reception facility and the tank is empty.
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