Amendments To The Convention On The Protection Of The Marine Environment Of The Baltic Sea Area (Regulation 7 of Annex IV)

Filename: 1990-Amendments-1974-ProtectionMarineEnvironmentBalticSea.EN.txt

Amendments To Regulation 7 Of Annex Iv Of The Helsinki Convention

Source: http://www.helcom.fi/Recommendations/en_GB/rec11_8/ downloaded on 20060529

Supersedes HELCOM Recommendation 1/15. Adopted 14 February 1990, having regard to Article 13, Paragraph c) and Article 24, Paragraph 2 of the Helsinki Convention. Helcom Recommendation 11/8

THE COMMISSION,

RECALLING HELCOM Recommendation 1/15 on the application of certain provisions on sewage,

RECALLING ALSO that the provisions of Regulation 7 of Annex IV of the Convention on the Protection of the Marine Environment of the Baltic Sea Area, 1974, (Helsinki Convention), shall be applied to existing ships from 3 May 1990,

NOTING that Annex IV of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol 1978 relating thereto (MARPOL 73/78), will not be in force on 3 May 1990,

NOTING ALSO that Regulation 7 of Annex IV of the Helsinki Convention does not contain provisions on survey and certification,

BEING CONVINCED of the necessity to establish provisions on survey and certification of sewage treatment systems in the Baltic Sea Area in the interim period from 3 May 1990 until the entry into force of Annex IV to MARPOL 73/78,

TAKING INTO CONSIDERATION the amendment procedure for the Annexes of the Helsinki Convention as contained in Article 13, Paragraph c) and Article 24, Paragraph 2 of the Convention,

RESOLVES:

a) to adopt the amendments to Regulation 7 of Annex IV of the Convention appearing in the Annex to this Recommendation;

b) to ask the Depository Government to communicate the amendments to the Contracting Parties with the Commission's recommendation for acceptance;

c) to determine that the amendments shall be deemed to have been accepted, unless prior to 15 April 1990, any one of the Contracting Parties have objected to the amendments;

d) to determine that the accepted amendments shall enter into force on 3 May 1990.

Attachment

1. The preamble of Regulation 7 of Annex IV of the Helsinki Convention is amended to read as follows:

"The Contracting Parties shall apply the provisions of Paragraphs A to D and F and G of this Regulation on discharge of sewage from ships while operating in the Baltic Sea Area."

2. Paragraph A of Regulation 7 of Annex IV of the Helsinki Convention is amended to read as follows:

"A Definitions

For the purposes of this Regulation:

1. "Sewage" means:

a) drainage and other wastes from any form of toilets, urinals, and WC scuppers;

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

c) drainage from spaces containing living animals; or

d) other waste waters when mixed with the drainages defined above.

2. "Holding tank" means a tank used for the collection and storage of sewage."

3. Paragraph B of Regulation 7 of Annex IV of the Helsinki Convention is amended to read as follows:

"B Application

The provisions of this Regulation shall apply to:

a) ships of 200 tons gross tonnage and above;

b) )ships of less than 200 tons gross tonnage which are certified to carry more than 10 persons;

c) ships which do not have a measured gross tonnage and are certified to carry more than 10 persons."

4. New Paragraph F to read as follows:

"F Surveys

1. Ships which are engaged in international voyages in the Baltic Sea Area shall be subject to surveys specified below:

a) An initial survey before the ship is put in service or before the Certificate required under Paragraph G of this Regulation is issued for the first time, which shall include a survey of the ship which shall be such as to ensure:

(i) when the ship is equipped with a sewage treatment plant the plant shall meet operational requirements based on standards and the test methods recommended by the Commission* and shall be approved by the Administration;

(ii) when the ship is fitted with a system to comminute and disinfect the sewage, such a system shall meet operational requirements based on standards and the test methods recommended by the Commission* and shall be approved by the Administration;

(iii) when the ship is equipped with a holding tank the capacity of such tank shall be to the satisfaction of the Administration for the retention of all sewage having regard to the operation of the ship, the number of persons on board and other relevant factors. The holding tank shall meet operational requirements based on standards and the test methods recommended by the Commission* and shall be approved by the Administration; and

(iv) that the ship is equipped with a pipeline to discharge sewage to a reception facility. The pipeline should be fitted with a standard shore connection in accordance with paragraph E or for ships in dedicated trades alternatively with other standards which can be accepted by the Administration such as quick connection couplings.

This survey shall be such as to ensure that equipment, fittings, arrangements and material fully comply with the applicable requirements of this Regulation.

The Administration shall recognize the "Certificate of Type Test" for sewage treatment plants issued under the authority of other Contracting Parties.

b) Periodical surveys at intervals specified by the Administration but not exceeding five years which shall be such as to ensure that the equipment, fittings, arrangements and material fully comply with the applicable requirements of this Regulation.

2. Surveys of the ship as regards enforcement of the provisions of this Regulation 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. In every case the Administration concerned fully guarantees the completeness and efficiency of the surveys.

3. After any survey of the ship has been completed, no significant change shall be made in the equipment, fittings, arrangements, or material covered by the survey without the approval of the Administration, except the direct replacement of such equipment or fittings."

5. New Paragraph G to read as follows:

"G Certificate

1. A Sewage Pollution Prevention Certificate shall be issued to ships certified to carry more than 50 persons which are engaged in international voyages in the Baltic Sea Area, after survey in accordance with the provisions of Paragraph F of this Regulation.

2. Such Certificate shall be issued either by the Administration or by any person or organization duly authorized by it. In every case the Administration assumes full responsibility for the Certificate.

3. The Sewage Pollution Prevention Certificate shall be drawn up in the form corresponding to the model given in the appendix to Annex IV of MARPOL 73/78, as the Contracting Parties also being parties to MARPOL 73/78. If the language is not English, the text shall include a translation into English.

4. A sewage Pollution Prevention Certificate shall be issued for a period specified by the Administration, which shall not exceed five years.

5. A Certificate shall cease to be valid if significant alterations have taken place in the equipment, fittings, arrangement or material required without the approval of the Administration, except the direct replacement of such equipment or fittings."

*) Reference is made to HELCOM Recommendation 1/5