MARPOL Annex II Selected regulations

Regulation 1
Definitions

For the purposes of this Annex:

1 Anniversary date means the day and the month of each year which will correspond to the date
of expiry of the International Pollution Prevention Certificate for the Carriage of Noxious Liquid
Substances in Bulk.

2 Associated piping means the pipeline from the suction point in a cargo tank to the shore
connection used for unloading the cargo and includes all ship’s piping, pumps and filters which
are in open connection with the cargo unloading line.

3 Ballast water

Clean ballast means ballast water carried in a tank which, since it was last used to carry a cargo
containing a substance in category X, Y or Z, has been thoroughly cleaned and the residues
resulting therefrom have been discharged and the tank emptied in accordance with the
appropriate requirements of this Annex.

Segregated ballast means ballast water introduced into a tank permanently allocated to the
carriage of ballast or cargoes other than oil or noxious liquid substances as variously defined in
the Annexes of the present Convention, and which is completely separated from the cargo and oil
fuel system.

4 Chemical Codes

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 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.

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 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.

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5 Depth of water means the charted depth.

6 En route means that the ship is under way at sea on a course or courses, including deviation
from the shortest direct route, which as far as practicable for navigational purposes, will cause
any discharge to be spread over as great an area of the sea as is reasonable and practicable.

7 Liquid substances are those having a vapour pressure not exceeding 0.28 MPa absolute at a
temperature of 37.8°C.

8 Manual means Procedures and Arrangements Manual in accordance with the model given in
appendix 6 of this Annex.

9 Nearest land. The term ‘‘from the nearest land’’ means from the baseline from which the
territorial sea 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 the line drawn from a point on the coast of Australia in:

latitude 11°00’ S, longitude 142°08’ E

to a point in latitude 10°35’ S, longitude 141°55’ E,
thence to a point latitude 10°00’ S, longitude 142°00’ E,
thence to a point latitude 09°10’ S, longitude 143°52’ E,
thence to a point latitude 09°00’ S, longitude 144°30’ E,
thence to a point latitude 10°41’ S, longitude 145°00’ E,
thence to a point latitude 13°00’ S, longitude 145°00’ E,
thence to a point latitude 15°00’ S, longitude 146°00’ E,
thence to a point latitude 17°30’ S, longitude 147°00’ E,
thence to a point latitude 21°00’ S, longitude 152°55’ E,
thence to a point latitude 24°30’ S, longitude 154°00’ E,
thence to a point on the coast of Australia
in latitude 24°42’ S, longitude 153°15’ E.

10 Noxious liquid substance means any substance indicated in the Pollution Category column
of chapter 17 or 18 of the International Bulk Chemical Code or provisionally assessed under
the provisions of regulation 6.3 as falling into category X, Y or Z.

11 ppm means ml/m3.

12 Residue means any noxious liquid substance which remains for disposal.

13 Residue/water mixture means residue to which water has been added for any purpose (e.g.
tank cleaning, ballasting, bilge slops).

14 Ship construction

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14.1 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:

.1 the ship is constructed before 1 July 1986; and

.2 the ship is certified under the Bulk Chemical Code to carry only those
products identified by the Code as substances with pollution hazards only.

14.2 Similar stage of construction means the stage at which:

.1 construction identifiable with a specific ship begins; and

.2 assembly of that ship has commenced comprising at least 50 tonnes or one

per cent of the estimated mass of all structural material, whichever is less.

15 Solidifying/non-solidifying

15.1 Solidifying substance means a noxious liquid substance which:

.1 in the case of a substance with a melting point of less than 15°C, is at a

temperature of less than 5°C above its melting point at the time of unloading;
or

.2 in the case of a substance with a melting point of equal to or greater than

15°C, is at a temperature of less than 10°C above its melting point at the time
of unloading.

15.2 Non-solidifying substance means a noxious liquid substance, which is not a solidifying
substance.

16 Tanker

16.1 Chemical tanker means a ship constructed or adapted for the carriage in bulk of any liquid
product listed in chapter 17 of the International Bulk Chemical Code.

16.2 NLS tanker means a ship constructed or adapted to carry a cargo of noxious liquid
substances in bulk and includes an ‘‘oil tanker’’ as defined in Annex I of the present Convention
when certified to carry a cargo or part cargo of noxious liquid substances in bulk.

17 Viscosity

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17.1 High-viscosity substance means a noxious liquid substance in category X or Y with a

viscosity equal to or greater than 50 mPa·s at the unloading temperature.

17.2 Low-viscosity substance means a noxious liquid substance which is not a high-viscosity
substance.

Regulation 6
Categorization and listing of noxious liquid substances and other substances

1 For the purpose of the regulations of this Annex, noxious liquid substances shall be divided
into four categories as follows:

.1 Category X: Noxious liquid substances which, if discharged into the sea from tank
cleaning or deballasting operations, are deemed to present a major hazard to either
marine resources or human health and, therefore, justify the prohibition of the
discharge into the marine environment;

.2 Category Y: Noxious liquid substances which, if discharged into the sea from tank
cleaning or deballasting operations, are deemed to present a hazard to either
marine resources or human health or cause harm to amenities or other legitimate
uses of the sea and therefore justify a limitation on the quality and quantity of the
discharge into the marine environment;

.3 Category Z: Noxious liquid substances which, if discharged into the sea from tank
cleaning or deballasting operations, are deemed to present a minor hazard to either
marine resources or human health and therefore justify less stringent restrictions
on the quality and quantity of the discharge into the marine environment;

.4 Other substances: Substances indicated as OS (Other substances) in the pollution

category column of chapter 18 of the International Bulk Chemical Code which
have been evaluated and found to fall outside category X, Y or Z as defined
in regulation 6.1 of this Annex because they are, at present, considered to present
no harm to marine resources, human health, amenities or other legitimate uses of
the sea when discharged into the sea from tank cleaning or deballasting
operations. The discharge of bilge or ballast water or other residues or mixtures
containing only substances referred to as ‘‘Other Substances’’ shall not be subject
to any requirements of the Annex.

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2 Guidelines for use in the categorization of noxious liquid substances are given in appendix 1 to
this Annex.

3 Where it is proposed to carry a liquid substance in bulk which has not been categorized
under paragraph 1 of this regulation, the Governments of Parties to the Convention involved in
the proposed operation shall establish and agree on a provisional assessment for the proposed
operation on the basis of the guidelines referred to in paragraph 2 of this regulation. Until full
agreement among the Governments involved has been reached, the substance shall not be
carried. As soon as possible, but not later than 30 days after the agreement has been reached, the
Government of the producing or shipping country, initiating the agreement concerned, shall
notify the Organization and provide details of the substance and the provisional assessment for
annual circulation to all Parties for their information. The Organization shall maintain a register
of all such substances and their provisional assessment until such time as the substances are
formally included in the IBC Code.

Regulation 13
Control of discharges of residues of noxious liquid substances

Subject to the provisions of regulation 3 of this Annex, the control of discharges of residues of
noxious liquid substances or ballast water, tank washings or other mixtures containing such
substances shall be in compliance with the following requirements.

1 Discharge provisions

1.1 The discharge into the sea of residues of substances assigned to category X, Y or Z or of
those provisionally assessed as such or ballast water, tank washings or other mixtures containing
such substances shall be prohibited unless such discharges are made in full compliance with the
applicable operational requirements contained in this Annex.

1.2 Before any prewash or discharge procedure is carried out in accordance with this regulation,
the relevant tank shall be emptied to the maximum extent in accordance with the procedures
prescribed in the Manual.

1.3 The carriage of substances which have not been categorized, provisionally assessed or
evaluated as referred to in regulation 6 of this Annex or of ballast water, tank washings or other
mixtures containing such residues shall be prohibited along with any consequential discharge of
such substances into the sea.

2 Discharge standards

2.1 Where the provisions in this regulation allow the discharge into the sea of residues of

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substances in category X, Y or Z or of those provisionally assessed as such or ballast water, tank

washings or other mixtures containing such substances, the following discharge standards shall
apply:

.1 the ship is proceeding en route at a speed of at least 7 knots in the case of self-
propelled ships or at least 4 knots in the case of ships which are not self-
propelled;

.2 the discharge is made below the waterline through the underwater discharge
outlet(s) not exceeding the maximum rate for which the underwater discharge
outlet(s) is (are) designed; and

.3 the discharge is made at a distance of not less than 12 nautical miles from the
nearest land in a depth of water of not less than 25 metres.

2.2 For ships constructed before 1 January 2007 the discharge into the sea of residues of
substances in category Z or of those provisionally assessed as such or ballast water, tank
washings or other mixtures containing such substances below the waterline is not mandatory.

2.3 The Administration may waive the requirements of paragraph 2.1.3 for substances in
category Z, regarding the distance of not less than 12 nautical miles from the nearest land for
ships solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the
State the flag of which the ship is entitled to fly. In addition, the Administration may waive the
same requirement regarding the discharge distance of not less than 12 nautical miles from the
nearest land for a particular ship entitled to fly the flag of their State, when engaged in voyages
within waters subject to the sovereignty or jurisdiction of one adjacent State after the
establishment of an agreement, in writing, of a waiver between the two coastal States involved
provided that no third party will be affected. Information on such agreement shall be
communicated to the Organization within 30 days for further circulation to the Parties to the
Convention for their information and appropriate action if any.

3 Ventilation of cargo residues

Ventilation procedures approved by the Administration may be used to remove cargo residues
from a tank. Such procedures shall be in accordance with appendix 7 of this Annex. Any water
subsequently introduced into the tank shall be regarded as clean and shall not be subject to the
discharge requirements in this Annex.

4 Exemption for a prewash

On request of the ship’s master, an exemption for a prewash may be granted by the Government
of the receiving Party, where it is satisfied that:

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.1 the unloaded tank 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

.2 the unloaded tank is neither washed nor ballasted at sea. The prewash in
accordance with the applicable paragraph of this regulation shall be carried out
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

.3 the cargo residues will be removed by a ventilation procedure approved by the

Administration in accordance with appendix 7 of this Annex.

5 The use of cleaning agents or additives

5.1 When a washing medium other than water, such as mineral oil or chlorinated solvent, is used
instead of water to wash a tank, its discharge shall be governed by the provisions of either Annex
I or Annex II which would apply to the medium had it been carried as cargo. Tank washing
procedures involving the use of such a medium shall be set out in the Manual and be approved
by the Administration.

5.2 When small amounts of cleaning additives (detergent products) are added to water in order to
facilitate tank washing, no additives containing pollution category X components shall be used
except those components that are readily biodegradable and present in a total concentration of
less than 10% of the cleaning additive. No restrictions additional to those applicable to the tank
due to the previous cargo shall apply.

6 Discharge of residues of category X

6.1 Subject to the provision of paragraph 1, the following provisions shall apply:

.1 A tank from which a substance in category X has been unloaded shall be

prewashed before the ship leaves the port of unloading. The resulting residues
shall be discharged to a reception facility until the concentration of the substance
in the effluent to such facility, as indicated by analyses of samples of the effluent
taken by the surveyor, is at or below 0.1% by weight. When the required
concentration level 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 in regulation 16.1.

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.2 Any water subsequently introduced into the tank may be discharged into the sea
in accordance with the discharge standards in regulation 13.2.

.3 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 obtain the required concentration in regulation [Link] provided
that:

.3.1 the tank is prewashed in accordance with a procedure approved by the

Administration in compliance with appendix 6 of this Annex; and

.3.2 appropriate entries shall be made in the Cargo Record

Book and endorsed by the surveyor referred to in
regulation 16.1.

7 Discharge of residues of category Y and Z

7.1 Subject to the provision of paragraph 1, the following provisions shall apply:

.1 With respect to the residue discharge procedures for substances in category Y or

Z, the discharge standards in regulation 13.2 shall apply.

.2 If the unloading of a substance of category Y or Z is not carried out in

accordance with the Manual, a prewash shall be carried out before the ship
leaves the port of unloading, unless alternative measures are taken to the
satisfaction of the surveyor referred to in regulation 16.1 of this Annex to
remove the cargo residues from the ship to quantities specified in this Annex.
The resulting tank washings of the prewash shall be discharged to a reception
facility at the port of unloading or another port with a suitable reception facility
provided that it has been confirmed in writing that a reception facility at that port
is available and is adequate for such a purpose.

.3 For high-viscosity or solidifying substances in category Y, the following shall

apply:

.3.1 a prewash procedure as specified in appendix 6 shall be applied;

.3.2 the residue/water mixture generated during the prewash shall be

discharged to a reception facility until the tank is empty; and

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.3.3 any water subsequently introduced into the tank may be discharged into
the sea in accordance with the discharge standards in regulation 13.2.

7.2 Operational requirements for ballasting and deballasting

7.2.1 After unloading, and, if required, after a prewash, a cargo tank may be ballasted.
Procedures for the discharge of such ballast are set out in regulation 13.2.

7.2.2 Ballast introduced into a cargo tank which has been washed to such an extent that the
ballast contains less than 1 ppm of the substance previously carried may be discharged into the
sea without regard to the discharge rate, ship’s speed and discharge outlet location, provided that
the ship is not less than 12 nautical miles from the nearest land and in water that is not less than
25 metres deep. The required degree of cleanliness has been achieved when a prewash as
specified in appendix 6 has been carried out and the tank has been subsequently washed with a
complete cycle of the cleaning machine for ships built before 1 July 1994 or with a water
quantity not less than that calculated with k = 1.0.

7.2.3 The discharge into the sea of clean or segregated ballast shall not be subject to the
requirements of this Annex.

8 Discharges in the Antarctic Area

8.1 Antarctic Area means the sea area south of latitude 60° S.

8.2 In the Antarctic Area any discharge into the sea of noxious liquid substances or mixtures
containing such substances is prohibited.

Regulation 14

Procedures and Arrangements Manual

1 Every ship certified to carry substances of category X, Y or Z shall have on board a Manual
approved by the Administration. The Manual shall have a standard format in compliance with
appendix 4 to this Annex. In the case of a ship engaged in international voyages on which the
language used is not English, French or Spanish, the text shall include a translation into one
of these languages.

2 The main purpose of the Manual is to identify for the ship’s officers the physical
arrangements and all the operational procedures with respect to cargo handling, tank
cleaning, slops handling and cargo tank ballasting and deballasting which must be followed in
order to comply with the requirements of this Annex.

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Regulation 15
Cargo Record Book

1 Every ship to which this Annex applies shall be provided with a Cargo Record Book, whether
as part of the ship’s official log-book or otherwise, in the form specified in appendix 2 to this
Annex.

2 After completion of any operation specified in appendix 2 to this Annex, the operation shall be
promptly recorded in the Cargo Record Book.

3 In the event of an accidental discharge of a noxious liquid substance or a mixture containing

such a substance or a discharge under the provisions of regulation 3 of this Annex, an entry shall
be made in the Cargo Record Book stating the circumstances of, and the reason for, the
discharge.

4 Each entry shall be signed by the officer or officers in charge of the operation concerned and
each page shall be signed by the master of the ship. The entries in the Cargo Record Book, for
ships holding an International Pollution Prevention Certificate for the Carriage of Noxious
Liquid Substances in Bulk or a certificate referred to in regulation 7 of this Annex, shall be at
least in English, French or Spanish. Where entries in an official national language of the State
whose flag the ship is entitled to fly are also used, this shall prevail in case of a dispute or
discrepancy.

5 The Cargo Record Book shall be kept in such a place as to be readily available for inspection
and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be
retained for a period of three years after the last entry has been made.

6 The competent authority of the Government of a Party may inspect the Cargo Record Book on
board any ship to which this Annex applies while the ship is in its port, and may make a copy of
any entry in that book and may require the master of the ship to certify that the copy is a true
copy of such entry. Any copy so made which has been certified by the master of the ship as a
true copy of an entry in the ship’s Cargo Record Book shall be made admissible in any judicial
proceedings as evidence of the facts stated in the entry. The inspection of a Cargo Record Book
and the taking of a certified copy by the competent authority under this paragraph shall be
performed as expeditiously as possible without causing the ship to be unduly delayed.

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