MARINE INFORMATION NOTE

MIN 269 (M)

ISSUES CONCERNING THE IMPLEMENTATION ON THE 1 JANUARY 2007 OF THE REVISED ANNEX II OF MARPOL 73/78 AND THE AMENDMENTS TO THE INTERNATIONAL CODE FOR THE CONSTRUCTION AND EQUIPMENT OF SHIPS CARRYING DANGEROUS CHEMICALS IN BULK (IBC CODE).
Notice to all Ship Owners, Ship Managers, Certifying Authorities, Masters and Ships Officers. This MIN expires 1 January 2008

PLEASE NOTE:Where this document provides guidance on the law it should not be regarded as definitive. The way the law applies to any particular case can vary according to circumstances - for example, from vessel to vessel and you should consider seeking independent legal advice if you are unsure of your own legal position. Summary The purpose of this Marine Information Note is to draw the attention of the shipping industry and the chemical industry to new International requirements effective 1 January 2007 concerning the total revision to MARPOL 73/78 Annex II and the IBC Code and the introduction of new UK legislation to enact the above. It is to advise the industry of the MCAs policy with regard to the carriage of chemicals by sea from the 1 January 2007 and to inform industry with regards to aspects of the revised Annex II of MARPOL 73/78 that has caused discussions within industry.

1. Introduction/ Background 1. The International Convention for the Prevention of Pollution from Ships 1973 including its Protocols as amended by the Protocol of 1978 (MARPOL 73/78) contains in its Annex II (as amended) Regulations for the control of pollution of noxious liquid substances in bulk. Annex II is enacted in UK legislation by the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 SI 1996 No 3010 as amended by SI 1998 No 1153, SI 2004 No 930 and accompanying Merchant Shipping Notice MSN 1703/NLS.1.

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2. The International Maritime Organisation, in view of amendments, has totally rewritten Annex II of MARPOL, IMO Resolution MEPC 118(52). The existing IBC Code has also been amended as IMO Resolution MSC.176(79) and MEPC.119(52), due to the re-categorisation of the chemicals listed in Chapter 17 and 18. In order to incorporate this International legislation into UK law, the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 SI 1996 No 3010 and the accompanying Merchant Shipping Notice MSN 1703/NLS.1 will be revoked and replaced. Due to the re-categorisation of the chemicals from A, B, C and D to X, Y and Z. and the revaluation of the chemicals carried by sea; the Certificates of Fitness, Noxious Liquid Substance Certification and the Procedures and Arrangements (P&A) Manual will have to be amended and replaced prior to the 1 January 2007. In addition a new Cargo Record Book will be required, if one is not available then follow the guidance at paragraph 15. New P&A Manuals and Certification should be placed onboard prior to the entry into force of the revised ANNEX II of MARPOL 73/78. Failure to have these documents onboard could result in the vessel not being able to load and carry chemical cargoes after the 1 January 2007. Date of application 3. The revised Annex II and its amendments will enter into force on 1 January 2007. It is also the intention of IMO that the new IBC Code will enter into force on the same date. The carriage of Oil-like Substances (OLS) 4. From the 1 January 2007, as a result of the deletion of the existing Regulation 14 of ANNEX II of MARPOL 73/78 Carriage and Discharge of Oil-like Substances in Oil Tankers, Oil-like Substances will be discontinued and will no longer be permitted to be carried on ANNEX I Oil Tankers. From the 1 January 2007 Oil-like Substances can only be carried on chemical tankers complying with the requirements of the IBC Code. The list of products that will be permitted to be carried on an oil tanker, under a Noxious Liquid Substance Certificate, after 1 January 2007, are contained in Chapter 18 of the IBC Code and are listed in Annex 1. The products listed in Chapter 18 are substances that can be carried on ANNEX I tankers without a chemical tanker endorsement. 5. Although the reference to Oil-like Substances has been deleted from the revised ANNEX II of MARPOL 73/78, it should be noted that the International Oil Pollution Prevention (IOPP) Certificate issued before the 1 January 2007, will still contain a reference to OLS under Section 10 of the certificate. MEPC/Circ.513 refers, Annex 2. IOPP Certification issued prior to the 1 January 2007 will be amended by the issuing authorities when carrying out annual surveys and Section 10 will be cancelled. Chapter 6.2 Special Requirements for Materials 6. The requirement in the IBC Code, Chapter 6.2 Special Requirements for Materials, has been deleted and has been replaced with; The shipper of the cargo is responsible for providing compatibility information to the ship operator and/or master. This must be done in a timely manner before transportation of the product. The cargo shall be compatible with all materials of construction such that: .1 .2 no damage to the integrity of the materials of construction is incurred; and/or no hazardous, or potentially hazardous reaction is created.

Deletion of Chemical Lists in P&A Manual and Ventilation of Cargoes 7. Section 2.8.1 of the P&A Manual makes reference to providing a list of substances with a vapour pressure greater than 5 KPa at 20oC suitable for ventilation.

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As the revised P&A manual will not have a Table 1 with a list of cargoes, (the list of cargoes will be contained in the Certificate of Fitness or Noxious Liquid Substance Certification), a list of cargoes suitable for ventilation may not be provided. If a list is not provided, the shipper should supply the ship operator and/or master details as to whether the product is suitable for ventilation. When residues of Noxious Liquid Substances are considered suitable for ventilation, the hazards in relation to the safety of the crew and ship and environmental factors should be carefully considered. Cargo Tank Stripping Test 8. Section 3.3.4 of the revised P&A Manual requires that when carrying out stripping tests the time to strip the tank is recorded. The reason for including the stripping time was that as long as trim/list factors were consistent with those in the P&A manual, and the time was in line with time recording when carrying out the stripping tests, there would be no necessity for PSC to survey tanks. As this is a new requirement, the stripping time should apply to all ships built after 1 January 2007. For existing chemical tankers, the MCA will accept revised P&A Manuals without the stripping time, if not previously recorded. If no stripping times are available, ships built before 1 January 2007 shall conduct stripping trials at the next renewal period. Currently there is no laid down method of recording stripping test times so it is open to interpretation. The stripping times should be based on the best and most practicable operational procedures. Survey Dates on New Certification 9. New Certificates issued by administrations should indicate the last survey date for PSC purposes. For PSC reasons, the old certificate may need to be retained for record purposes to provide an indication of the last survey date, if not indicated on the new certificate. It should be noted that existing certification will still need to be retained on board for cargoes loaded before the 1 January 2007 and discharged after 1 January 2007. When retaining old certification onboard they should be marked Retained for reference purposes only. Approval of Procedure and Arrangement Manuals 10. The P&A manuals required under ANNEX II of MARPOL 73/78 will require to be renewed and approved by an administration or a Certifying Authority and placed onboard before 1 January 2007. Due to the work load encountered by the United Kingdoms Certifying Authorities, in approving the draft P&A Manuals it has been agreed that the P&A Manual can be provisionally approved and placed onboard, subject to the following conditions: .1 the manual is substantially complete with only minor editorial changes required; .2 the provisional manual should be corrected and the fully approved manual placed on board by the 1 April 2007. Carriage of Vegetable Oils 11. Under the revised ANNEX II of MARPOL 73/78 vegetable oils have been reassessed and have been upgraded to Pollution Category Y, Ship Type 2 and are now listed in Chapter 17 of the IBC Code. Therefore from the 1 January 2007, vegetable oils can only be carried on Ship Type 2 chemical tankers. Ships carrying vegetable oils under a Noxious Liquid Substance Certification will have to convert to a chemical tanker from 1 January 2007 and the crew will be required to have Chemical Tanker Endorsements. 12. In seeking to find a balance between the optimal protection of the marine environment, avoidance of potential disruption to the vegetable oil trade and reduction of administrative burden IMO amended ANNEX II of MARPOL 73/78 and introduced regulation 4.1.3.

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Under 4.1.3 an Administration may exempt a Type 3 Chemical Tanker from the carriage requirements under regulation 11 for ships certified to carry individually identified vegetable oils identified by the relevant footnote (k) in Chapter 17 of the IBC Code under the following conditions:.1 subject to this regulation, the NLS tanker shall meet all requirements for ship type 3 as identified in the IBC Code except for cargo tank location; .2 under this regulation, cargo tanks shall be located at the following distances inboard. The entire cargo tank length shall be protected by ballast tanks or spaces other than tanks that carry oil as follows: .1 wing tanks or spaces shall be arranged such that cargo tanks are located inboard of the moulded line of the side shell plating nowhere less than 760 mm; .2 double bottom tanks or spaces shall be arranged such that the distance between the bottom of the cargo tanks and the moulded line of the bottom shell plating measured at right angles to the bottom shell plating is not less than B/15 (m) or 2.0 m at the centreline, whichever is the lesser. The minimum distance shall be 1.0 metre; and .3 the relevant certificate shall indicate the exemption granted.

13. The United Kingdom will consider the application of ANNEX II Regulation 4.1.3 on a case by case basis and ship owners should approach the Certifying Authority and the MCA to consider their application. 14. Under 4.1.3, the 3000 m3 quantity limit is dis-applied for Ship Type 3 chemical tankers. The IBC Code, paragraph 16.1 does not lay down a maximum quantity of cargo for Ship Type 3 chemical tankers. For Ship Type 2 chemical tankers under paragraph 16.1.2 of the IBC Code the maximum tank size shall not exceed 3000 m3. Therefore, when carrying vegetable oils in a Ship Type 2 chemical tanker the 3000 m3 applies and no relaxation to exceed this amount is permitted. Cargo Record Book for Ships Carrying Noxious Liquid Substances in Bulk 15. New Noxious Liquid Substances Cargo Record Books will be required for vessels from the 1 January 2007 because of minor editorial changes to the Cargo Record Book. These can be obtained from the TSO Bookshops, details contained at Annex 3. If revised Noxious Liquid Substances are not available then the existing Cargo Record Book should be closed and a new Cargo Record Book started and amended in accordance with Annex 4 to ensure the book complies with Appendix 2 of ANNEX II of MARPOL 73/78. A new cargo record book compliant with Appendix 2 of ANNEX II of MARPOL 73/78 should be obtained as soon as possible and the old version replaced. Amendments to the Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Supply Vessels A.673(16) 16. This document has been amended as a consequence of the revision of ANNEX II of MARPOL 73/78 and the Table of Permitted Cargoes has been expanded. In addition, new generic entries have been added. .1 Oil based mud containing mixtures of products listed in Chapter 17 and 18 of the IBC Code and the MEPC.2/Circ and permitted to be carried under paragraph 1.2 of these Guidelines; and

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.2 Water based mud containing mixtures of products listed in Chapter 17 and 18 of the IBC Code and the MEPC.2/Circ and permitted to be carried under paragraph 1.2 of these Guidelines. 17. When declaring the mixtures at 15.1 and 15.2 to the ship operator and/or Master, the shipper must declare the substance under the most hazardous component used to make up the mixture. 18. In line with the revised ANNEX II of MARPOL 73/78 the Procedures and Arrangement Manual will need to be amended and approved with a new Certificate of Fitness issued, see 9 and 10 above. 19. The requirements for efficient stripping and underwater discharge arrangements under Annex II to MARPOL 73/78 are not required under A.673(16). As a consequence, the discharge into the sea of residues of Noxious Liquid Substances permitted for carriage in Ship Type 3, or products listed in appendix 1 or ballast water, tank washings, or other residues or mixtures containing such substances, is prohibited. Any discharges of residues and mixtures containing noxious liquid substances should be to reception facilities in port. 20. Copies of the revised Annex II of MARPOL 73/78 and the amended IBC Code can be found on the MCAs website under http://www.mcga.gov.uk/c4mca/mcga-environmental/mcgadqs_qual_eq_environmental_quality/ds-annex2.htm Further information on the contents of this Notice can be obtained from the address below:

More Information
Environmental Quality Branch Maritime and Coastguard Agency Bay 2/02 Spring Place 105 Commercial Road Southampton SO15 1EG Tel : Fax : e-mail: General Inquiries: +44 (0) 23 8032 9392 +44 (0) 23 8032 9204 dangerous.goods@mcga.gov.uk 24 Hour Infoline infoline@mcga.gov.uk 0870 600 6505

MCA Website Address: www.mcga.gov.uk File Ref: Published: MS010/025/0058 January 2007

Crown Copyright 2007

Safer Lives, Safer Ships, Cleaner Seas

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ANNEX 1
Chapter 18
List of products to which the Code does not apply 18.1 The following are products, which have been reviewed for their safety and pollution hazards and determined not to present hazards to such an extent as to warrant application of the Code. Although the products listed in this chapter fall outside the scope of the Code, the attention of Administrations is drawn to the fact that some safety precautions may be needed for their safe transportation. Accordingly, Administrations shall prescribe appropriate safety requirements. Some liquid substances are identified as falling into Pollution Category Z and, therefore, subject to certain requirements of Annex II of MARPOL 73/78. Liquid mixtures which are assessed or provisionally assessed under regulation 6.3 of MARPOL Annex II as falling into Pollution Category Z or OS, and which do not present safety hazards, may be carried under the appropriate entry in this chapter for Noxious or Non-Noxious Liquid Substances, not otherwise specified (n.o.s.).

18.2

18.3 18.4

EXPLANATORY NOTES Product name The product name shall be used in the shipping document for any cargo offered for bulk shipments. Any additional name may be included in brackets after the product name. In some cases, the product names are not identical with the names given in previous issues of the Code. The letter Z means the Pollution Category assigned to each product under Annex II of MARPOL 73/78. OS means the product was evaluated and found to fall outside Categories X, Y, or Z.

Pollution Category

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Chapter 18
Product name Acetone Alcoholic beverages, n.o.s. Apple juice n-Butyl alcohol sec-Butyl alcohol Calcium nitrate solutions (50% or less) Clay slurry Coal slurry Diethylene glycol Ethyl alcohol Ethylene carbonate Glucose solution Glycerine Hexamethylenetetramine solutions Hexylene glycol Hydrogenated starch hydrolysate Isopropyl alcohol Kaolin slurry Lecithin Magnesium hydroxide slurry Maltitol solution N-Methylglucamine solution (70% or less) Methyl propyl ketone Molasses Noxious liquid, (11) n.o.s. (trade name ...., contains ....) Cat. Z Non noxious liquid, (12) n.o.s. (trade name ...., contains ....) Cat. OS Polyaluminium chloride solution Polyglycerin, sodium salt solution (containing less than 3% sodium hydroxide) Potassium formate solutions Propylene carbonate Propylene glycol Sodium acetate solutions Sodium sulphate solutions Sorbitol solution Sulphonated polyacrylate solution Tetraethyl silicate monomer/oligomer (20% in ethanol) Triethylene glycol Vegetable protein solution (hydrolysed) Water Pollution Category Z Z OS Z Z Z OS OS Z Z Z OS Z Z Z OS Z OS OS Z OS Z Z OS Z OS Z Z Z Z Z Z Z OS Z Z Z OS OS

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ANNEX 2

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ANNEX 3
Cargo Record Book for Ships Carrying Noxious Liquid Substances in Bulk. ISBN-13 ISBN-10 978-0-11-552819-4 0-11-552819-9

TSO Information
Online www.tsoshop.co.uk Mail, Telephone, Fax & E-mail TSO PO Box 29, Norwich, NR3 1GN Telephone orders/General enquiries: 0870 600 5522 Fax orders: 0870 600 5533 E-mail: customer.services@tso.co.uk Textphone 0870 240 3701 TSO Shops 123 Kingsway, London, WC2B 6PQ 020 7242 6393 Fax 020 7242 6394 16 Arthur Street, Belfast BT1 4GD 028 9023 8451 Fax 028 9023 5401 71 Lothian Road, Edinburgh EH3 9AZ 0870 606 5566 Fax 0870 606 5588 TSO@Blackwell and other Accredited Agents

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ANNEX 4 Introduction
The following pages show a comprehensive list of items of cargo and ballast operations which are, when appropriate, to be recorded in the Cargo Record Book on a tank to tank basis in accordance with regulation 15.2 of Annex II of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), as amended. The items have been grouped into operational sections, each of which is denoted by a letter. When making entries in the Cargo Record Book, the date, operational code and item number shall be inserted in the appropriate columns and the required particulars shall be recorded chronologically in the blank spaces. Each completed operation shall be signed for and dated by the officer or officers in charge and, if applicable, by a surveyor authorized by the competent authority of the State in which the ship is unloading. Each completed page shall be countersigned by the master of the ship. Entries in the cargo record book are required only for operations involving categories X, Y and Z substances. Please refer to the Certificate of Fitness or the Noxious Liquid Substances for information on the category of a substance.

On Page 3 of the Cargo Record Book for Ships Carrying Noxious Liquid Substances in Bulk the following amendments are required:1. Delete A, B, C and D and replace with X, Y and Z;

15.3 Dilution of cargo residues with water; state how much water used (only category D substances) should be deleted and 15.4 renumbered 15.3; 2. 3. Add an * at the end of lines, 14.1, 14.2, 16.2 and 23.2: and Add a new footnote * Ships masters should obtain from the operator of the reception facilities, which include barges and tank trucks, a receipt or certificate specifying the quantity of tank washings transferred, together with the time and date of the transfer. The receipt or certificate should be kept together with the cargo record book.

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