Decreto n.º 6/2006

TEXTO :

Decreto n.º 6/2006

de 6 de Janeiro

Em 2 de Novembro de 1973 foi adoptada, em Londres, a Convenção Internacional para a Prevenção da Poluição por Navios, 1973, a qual tem como objectivo prevenir e evitar todas as formas de poluição provocadas por navios no mar. As normas desta Convenção encontram-se explanadas ao longo de seis anexos, cabendo às regras de cada um desses anexos minimizar a poluição do meio marinho provocada por hidrocarbonetos, por substâncias líquidas nocivas transportadas a granel, por substâncias prejudiciais transportadas por via marítima em embalagens, contentores, tanques portáteis, camiões-tanques e vagões-cisternas, por esgotos sanitários dos navios, por lixo gerado a bordo dos navios e por poluição atmosférica.

Entretanto, esta Convenção foi alterada pelo Protocolo de 1978, adoptado em 17 de Fevereiro de 1978, tendo o Protocolo e a Convenção sido introduzidos no ordenamento jurídico nacional pelo Decreto do Governo n.º 25/87, de 10 de Julho.

Através da Resolução MEPC 115(51) da Organização Marítima Internacional, foram adoptadas, em 1 de Abril de 2004, as emendas ao anexo IV da Convenção Internacional para a Prevenção da Poluição por Navios, 1973 (MARPOL 73/78), relativas às regras para a prevenção da poluição por esgotos sanitários dos navios, as quais definem os sistemas de tratamento e retenção de esgotos sanitários a bordo dos navios, estabelecem em que circunstâncias é autorizada a descarga desses esgotos no mar e, ainda, os meios necessários para a recepção dos esgotos sanitários nos portos e terminais, as quais cabe agora aprovar.

Assim:

Nos termos da alínea c) do n.º 1 do artigo 197.º da Constituição, o Governo aprova as emendas de 1 de Abril de 2004 ao anexo IV ao Protocolo de 1978 da Convenção Internacional para a Prevenção da Poluição por Navios, 1973 (MARPOL 73/78), adoptadas pela Resolução MEPC 115 (51), cujo texto, em versão autenticada em inglês e a respectiva tradução para a língua portuguesa, se publica em anexo.

Visto e aprovado em Conselho de Ministros de 17 de Novembro de 2005. - José Sócrates Carvalho Pinto de Sousa - António Fernandes da Silva Braga - Luís Filipe Marques Amado - Alberto Bernardes Costa - Francisco Carlos da Graça Nunes Correia - Mário Lino Soares Correia.

Assinado em 19 de Dezembro de 2005.

Publique-se.

O Presidente da República, JORGE SAMPAIO.

Referendado em 19 de Dezembro de 2005.

O Primeiro-Ministro, José Sócrates Carvalho Pinto de Sousa.

ANNEX

Revised annex IV of MARPOL 73/78

ANNEX IV

Regulations for the prevention of pollution by sewage from ships

Chapter 1

General

Regulation 1

Definitions

For the purposes of this annex:

1 - "New ship» means a ship:

1.1 - For which the building contract is placed, or in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, on or after the date of entry into force of this annex; or

1.2 - The delivery of which is three years or more after the date of entry into force of this annex.

2 - "Existing ship» means a ship which is not a new ship.

3 - "Sewage» means:

3.1 - Drainage and other wastes from any form of toilets and urinals;

3.2 - Drainage from medical premises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers located in such premises;

3.3 - Drainage from spaces containing living animals; or

3.4 - Other waste waters when mixed with the drainages defined above.

4 - "Holding tank» means a tank used for the collection and storage of sewage.

5 - "Nearest land» the term "from the nearest land» means from the baseline from which the territorial sea of the territory in question is established in accordance with international law, except that, for the purposes of the present Convention "from the nearest land» off the north eastern coast of Australia shall mean from a line drawn from a point on the coast of Australia in:

Latitude 11º 00' S., longitude 142º 08' E.;

To a point in latitude 10º 35' S., longitude 141º 55' E.;

Thence to a point latitude 10º 00' S., longitude 142º 00' E.;

Thence to a point latitude 9º 10' S., longitude 143º 52' E.;

Thence to a point latitude 9º 00' S., longitude 144º 30' E.;

Thence to a point latitude 10º 41' S., longitude 145º 00' E.;

Thence to a point latitude 13º 00' S., longitude 145º 00' E.;

Thence to a point latitude 15º 00' S., longitude 146º 00' E.;

Thence to a point latitude 17º 30' S., longitude 147º 00' E.;

Thence to a point latitude 21º 00' S., longitude 152º 55' E.;

Thence to a point latitude 24º 30' S., longitude 154º 00' E.;

thence to a point on the coast of Australia in latitude 24º 42' S., longitude 153º 15' E.

6 - "International voyage» means a voyage from a country to which the present Convention applies to a port outside such country, or conversely.

7 - "Person» means member of the crew and passengers.

8 - "Anniversary date» means the day and the month of each year which will correspond to the date of expiry of the International Sewage Pollution Prevention Certificate.

Regulation 2

Application

1 - The provisions of this annex shall apply to the following ships engaged in international voyages:

1.1 - New ships of 400 gross tonnage and above; and

1.2 - New ships of less than 400 gross tonnage which are certified to carry more than 15 persons; and

1.3 - Existing ships of 400 gross tonnage and above, five years after the date of entry into force of this annex; and

1.4 - Existing ships of less than 400 gross tonnage which are certified to carry more than 15 persons, five years after the date of entry into force of this annex.

2 - The Administration shall ensure that existing ships, according to subparagraphs 1.3 and 1.4 of this regulation, the keels of which are laid or which are of a similar stage of construction before 2 October 1983 shall be equipped, as far as practicable, to discharge sewage in accordance with the requirements of regulation 11 of the annex.

Regulation 3

Exceptions

1 - Regulation 11 of this annex shall not apply to:

1.1 - The discharge of sewage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or

1.2 - The discharge of sewage resulting from damage to a ship or its equipment if all reasonable precautions have been taken before and after the occurrence of the damage, for the purpose of preventing or minimizing the discharge.

Chapter 2

Surveys and certification

Regulation 4

Surveys

1 - Every ship which, in accordance with regulation 2, is required to comply with the provisions of this annex shall be subject to the surveys specified below:

1.1 - An initial survey before the ship is put in service or before the Certificate required under regulation 5 of this annex is issued for the first time, which shall include a complete survey of its structure, equipment, systems, fittings, arrangements and material in so far as the ship is covered by this annex. This survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of this annex.

1.2 - A renewal survey at intervals specified by the Administration, but not exceeding five years, except where regulation 8.2, 8.5, 8.6 or 8.7 of this annex is applicable. The renewal survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with applicable requirements of this annex.

1.3 - An additional survey either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in paragraph 4 of this regulation, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory and that the ship complies in all respects with the requirements of this annex.

2 - The Administration shall establish appropriate measures for ships which are not subject to the provisions of paragraph 1 of this regulation in order to ensure that the applicable provisions of this annex are complied with.

3 - Surveys of ships as regards the enforcement of the provisions of this annex shall be carried out by officers of the Administration. The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it.

4 - An Administration nominating surveyors or recognizing organizations to conduct surveys as set forth in paragraph 3 of this regulation shall, as a minimum, empower any nominated surveyor or recognized organization to:

4.1 - Require repairs to a ship; and

4.2 - Carry out surveys if requested by the appropriate authorities of a port State.

The Administration shall notify the Organization of the specific responsibilities and conditions of the authority delegated to the nominated surveyors or recognized organizations, for circulation to Parties to the present Convention for the information of their officers.

5 - When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the Certificate or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, such surveyor or organization shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken, the Certificate should be withdrawn and the Administration shall be notified immediately and, if the ship is in a port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation. When applicable, the Government of the port State concerned shall take such steps as will ensure that the ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the nearest appropriate repair yard available without presenting an unreasonable threat of harm to the marine environment.

6 - In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the survey and shall undertake to ensure the necessary arrangements to satisfy this obligation.

7 - The condition of the ship and its equipment shall be maintained to conform with the provisions of the present Convention to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.

8 - After any survey of the ship under paragraph 1 of this regulation has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the sanction of the Administration, except the direct replacement of such equipment and fittings.

9 - Whenever an accident occurs to a ship or a defect is discovered which substantially affects the integrity of the ship or the efficiency or completeness of its equipment covered by this annex, the master or owner of the ship shall report at the earliest opportunity to the Administration the recognized organization or the nominated surveyor responsible for issuing the relevant Certificate, who shall cause investigations to be initiated to determine whether a survey as required by paragraph 1 of this regulation is necessary. If the ship is in a port of another Party, the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognized organization shall ascertain that such report has been made.

Regulation 5

Issue or endorsement of Certificate

1 - An International Sewage Pollution Prevention Certificate shall be issued, after an initial or renewal survey in accordance with the provisions of regulation 4 of this annex to any ship which is engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention. In the case of existing ships this requirement shall apply five years after the date of entry into force of this Annex.

2 - Such Certificate shall be issued or endorsed either by the Administration or by any persons or organization (ver nota 1) duly authorized by it. In every case the Administration assumes full responsibility for the Certificate.

Regulation 6

Issue or endorsement of a Certificate by another Government

1 - The Government of a Party to the Convention may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the provisions of this annex are complied with, shall issue or authorize the issue of an International Sewage Pollution Prevention Certificate to the ship and, where appropriate, endorse or authorize the endorsement of that Certificate on the ship in accordance with this annex.

2 - A copy of the Certificate and a copy of the survey report shall be transmitted as soon as possible to the Administration requesting the survey.

3 - A Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as the Certificate issued under regulation 5 of this annex.

4 - No International Sewage Pollution Prevention Certificate shall be issued to a ship which is entitled to fly the flag of a State which is not a Party.

Regulation 7

Form of Certificate

The International Sewage Pollution Prevention Certificate shall be drawn up in the form corresponding to the model given in the appendix to this annex and shall be at least in English, French or Spanish. If an official language of the issuing country is also used, this shall prevail in case of a dispute or discrepancy.

Regulation 8

Duration and validity of Certificate

1 - An International Sewage Pollution Prevention Certificate shall be issued for a period specified by the Administration which shall not exceed five years.

2.1 - Notwithstanding the requirements of paragraph 1 of this regulation, when the renewal survey is completed within three months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing Certificate.

2.2 - When the renewal survey is completed after the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing Certificate.

2.3 - When the renewal survey is completed more than three months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of completion of the renewal survey.

3 - If a Certificate is issued for a period of less than five years, the Administration may extend the validity of the Certificate beyond the expiry date to the maximum period specified in paragraph 1 of this regulation.

4 - If a renewal survey has been completed and a new Certificate cannot be issued or placed on board the ship before the expiry date of the existing Certificate, the person or organization authorized by the Administration may endorse the existing Certificate and such a Certificate shall be accepted as valid for a further period which shall not exceed five months from the expiry date.

5 - If a ship at the time when a Certificate expires is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the Certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed and then only in cases where it appears proper and reasonable to do so. No Certificate shall be extended for a period longer than three months and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new Certificate. When the renewal survey is completed, the new Certificate shall be valid to a date not exceeding five years from the date of expiry of the existing Certificate before the extension was granted.

6 - A Certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new Certificate shall be valid to a date not exceeding five years from the date of expiry of the existing Certificate before the extension was granted.

7 - In special circumstances, as determined by the Administration, a new Certificate need not be dated from the date of expiry of the existing Certificate as required by paragraph 2.2, 5 or 6 of this regulation. In these special circumstances, the new Certificate shall be valid to a date not exceeding five years from the date of completion of the renewal survey.

8 - A Certificate issued under regulation 5 or 6 of this annex shall cease to be valid in either of the following cases:

8.1 - If the relevant surveys are not completed within the periods specified under regulation 4.1 of this annex; or

8.2 - Upon transfer of the ship to the flag of another State. A new Certificate shall only be issued when the Government issuing the new Certificate is fully satisfied that the ship is in compliance with the requirements of regulations 4.7 and 4.8 of this annex. In the case of a transfer between Parties, if requested within three months after the transfer has taken place, the Government of the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the Certificate carried by the ship before the transfer and, if available, copies of the relevant survey reports.

Chapter 3

Equipment and control of discharge

Regulation 9

Sewage systems

1 - Every ship which, in accordance with regulation 2, is required to comply with the provisions of this annex shall be equipped with one of the following sewage systems:

1.1 - A sewage treatment plant which shall be of a type approved by the Administration, taking into account the standards and test methods developed by the Organization (ver nota 2); or

1.2 - A sewage comminuting and disinfecting system approved by the Administration. Such system shall be fitted with facilities to the satisfaction of the Administration, for the temporary storage of sewage when the ship is less than 3 nautical miles from the nearest land; or