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Annex IV

Prevention of pollution from ships

Regulation 1: Co-operation

The Contracting Parties shall, in matters concerning the protection of the Baltic Sea Area from pollution by ships, co-operate:

a) within the International Maritime Organization, in particular in promoting the development of international rules, based, inter alia, on the fundamental principles and obligations of this Convention which also includes the promotion of the use of Best Available Technology and Best Environmental Practice as defined in Annex II;

b) in the effective and harmonized implementation of rules adopted by the International Maritime Organization.

Regulation 2: Assistance in investigations

The Contracting Parties shall, without prejudice to Article 4, paragraph 3 of this Convention, assist each other as appropriate in investigating violations of the existing legislation on anti-pollution measures, which have occurred or are suspected to have occurred within the Baltic Sea Area. This assistance may include but is not limited to inspection by the competent authorities of oil record books, cargo record books, log books and engine log books and taking oil samples for analytical identification purposes.

Regulation 3: Definitions

For the purposes of this Annex:

1. "Administration" means the Government of the Contracting Party under whose authority the ship is operating. With respect to a ship entitled to fly a flag of any State, the Administration is the Government of that State. With respect to fixed or floating platforms engaged in exploration and exploitation of the sea-bed and subsoil thereof adjacent to the coast over which the coastal State exercises sovereign rights for the purposes of exploration and exploitation of their natural resources, the Administration is the Government of the coastal State concerned.

2. a) "Discharge", in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying;

2. b) "Discharge" does not include:

i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter done at London on 29 December 1972; or

ii) release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources; or

iii) release of harmful substances for purposes of legitimate scientific research into pollution abatement or control.

3. 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.

4. The term "jurisdiction" shall be interpreted in accordance with international law in force at the time of application or interpretation of this Annex.

5. The term "MARPOL 73/78" means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto.

Regulation 4: Application of the Annexes of MARPOL 73/78

1. The Contracting Parties shall apply the provisions of Annexes I-V of MARPOL 73/78.

2. At the entry into force of the revised Regulation 13G of Annex I to MARPOL 73/78 the Contracting Parties:

a) shall amend the conditions under which ships are permitted to fly their flags so as not to allow the operation of ships which may not comply with the requirements of Regulation 13F in accordance with Regulation 13G(4);

b) shall refrain from making use of the provisions of either paragraph (5)(a) or paragraph (5)(b) of Regulation 13G and thus will not allow ships entitled to fly their flag to which paragraph (5)(a) and (5)(b) may be applied to continue operating beyond the date specified in Regulation 13G(4); and

c) shall make use, as from 1 January 2015, of the provisions of paragraph 8(b) of Regulation 13G for the purpose of denying entry into their ports or offshore terminals of ships which have been permitted, on the basis of the provisions of paragraph (5)(a) or (5)(b) of Regulation 13G, to continue operating beyond the anniversary of the date of their delivery in 2015;

d) may under exceptional circumstances allow an individual ship not complying with Regulation 13F in accordance with Regulation 13G(4), to enter their ports or off-shore terminals, when:

- an oil tanker is in difficulty and in search of a safe haven or of a place of refuge,

- an unloaded oil tanker is proceeding to a port of repair.

3. As from 1 January 2004 the Contracting Parties shall:

a) Apply the provisions for discharge of sewage as stated in Regulation 11, Paragraphs 1 and 3 of the revised Annex IV of MARPOL 73/78; and

b) Ensure the provision of facilities at ports and terminals for the reception of sewage as stated in Regulation 12, Paragraph 1 of the revised Annex IV of MARPOL 73/78."

Regulation 5: Discharge of sewage by other ships

A. Compliance

All other ships including pleasure craft not referred to in Regulation 2 of the revised Annex IV of MARPOL 73/78 fitted with toilets shall comply with Regulation 1, Paragraph 3 and 4, Regulation 11, Paragraphs 1 and 3 and Regulation 3 of the revised Annex IV of MARPOL 73/78 as follows, cf. paragraph D below:

a) on 1 January 2005 for ships built before 1 January 2000, and

b) upon the entry into force of this Regulation for ships built on or after 1 January 2000.

B. Toilet retention systems

Ships referred to in paragraph A shall be fitted with toilet retention systems for sewage in accordance with guidelines approved by the Helsinki Commission.

C. Reception facilities

1. Regulation 12, Paragraph 1 of the revised Annex IV of MARPOL 73/78 shall apply, as appropriate, to ships referred to in Paragraph A.

2. To enable pipes of reception facilities to be connected with the discharge pipeline of ships referred to in Paragraph A, both lines shall be fitted with a standard discharge connection in accordance with guidelines approved by the Helsinki Commission.

D. Exceptions

a) Provisions of paragraph A and B of this regulation may not apply to certain types of pleasure craft and other ships fitted with toilets not referred to in Regulation 2 of the revised Annex IV of MARPOL 73/78 if

i) according to guidelines approved by the Helsinki Commission the installation of toilet retention systems in these pleasure craft and other ships is technically difficult or the costs of installation is high compared to the value of the ship, and

ii) these pleasure craft and other ships are built before 1 January 2000.

b) A Contracting Party making use of the exceptions stated above shall inform the Helsinki Commission of the concrete wording of the exception, who shall then inform the other Contracting Parties.

c) This paragraph is only valid for waters under the jurisdiction of the said Contracting Party.

Regulation 6: Mandatory discharge of all wastes to a port reception facilities

A. Definitions

For the purpose of this Regulation:

1. "Ship-generated wastes" means all residues generated during the service of the ship, including oily residues from engine room spaces, sewage, and garbage as defined in Annex V of MARPOL 73/78, cargo associated waste including but not limited to loading/unloading excess and spillage, dunnage, shoring, pallets, lining and packing materials, plywood, paper, cardboard, wire and steel strapping;

2. "Cargo residues" means the remnants of any cargo material on board in cargo holds which remain for disposal after unloading procedures are completed.

B. Discharge of wastes to a port reception facility

Before leaving port ships shall discharge all ship-generated wastes, which are not allowed to be discharged into the sea in the Baltic Sea Area in accordance with MARPOL 73/78 and this Convention, to a port reception facility. Before leaving port all cargo residues shall be discharged to a port reception facility in accordance with the requirements of MARPOL 73/78.

C. Exemptions

1. Exemptions may be granted by the Administration from mandatory discharge of all wastes to a port reception facility taking into account the need for special arrangements for, e.g., passenger ferries engaged in short voyages. The Administration shall inform the Helsinki Commission on the issued exemptions.

2. In case of inadequate reception facilities ships shall have the right to properly stow and keep wastes on board for delivery to next adequate port reception facility. The Port Authority or the Operator shall provide a ship with a document informing on inadequacy of reception facilities.

3. A ship should be allowed to keep on board minor amounts of wastes which are unreasonable to discharge to port reception facilities.

Regulation 7: Incineration of ship-generated wastes on board ships

A. Definition

For the purpose of this Regulation "incineration of ship-generated wastes on board ships" means the deliberate combustion of ship-generated wastes, incidental to the normal operation of ships, for the purpose of thermal destruction of such wastes.

B. Prohibition

The Contracting Parties shall prohibit any incineration of ship-generated wastes on board ships, irrespective of their nationality, operating in their territorial seas.

Regulation 8: Improved hydrographic services and promotion of the use of Electronic Navigational Charts (ENC)

1. The Contracting Parties:

a) shall develop a scheme for systematic re-surveying of major shipping routes and ports in order to ensure that safety of navigation is not endangered by inadequate source information. The survey shall be carried out to a standard not inferior to the latest edition of IHO S-44. The scheme shall be elaborated jointly by the hydrographic services responsible for the areas in question not later than by the end of 2002 with the aim to begin implementation by 2003.

b) shall develop Electronic Navigational Charts (ENC):

i) for major shipping routes and ports by the end of 2002. Major shipping routes and ports shall be selected on the basis of volumes of dangerous goods and number of passengers; and

ii) for secondary shipping routes and ports by the end of 2004.

2. The Contracting Parties:

a) shall accept Electronic Chart Display and Information Systems (ECDIS) as equivalent to paper charts in accordance with Chapter V of SOLAS;

b) undertake to enter into negotiations with shippers and recipients in their States, who are involved in transport of goods to and from ports in the Baltic Sea Area, with the aim that the commercial parties (e.g. national shippers and receivers) make arrangements to the effect that:

- ships with a draft of 11 metres or more, oil tankers with a draft of 7 metres or more, chemical tankers and gas carriers irrespective of size and ships carrying a shipment of INF cargo carry ECDIS;

c) shall by the end of the year 2002 as a matter of particular interest ensure that port State control of paper charts is intensified on board ships with a draught of 11 metres or more, oil tankers with a draft of 7 metres or more, chemical tankers and gas carriers irrespective of size and ships carrying a shipment of INF cargo.

Regulation 9: Use of Automatic Identification Systems (AIS)

The Contracting Parties:

a) shall establish national, land-based monitoring systems for ships, based on AIS signals. A full monitoring of the Baltic Sea Area within A1 sea area shall take place not later than 1 July 2005;

b) shall establish a common Baltic Sea monitoring system based on - and with access to - all national Baltic AIS monitoring systems; and

c) shall elaborate reliable statistics on ships' traffic in the Baltic Sea Area to assess the need for further additional measures to improve the safety of navigation and the emergency capacity. These statistics shall be elaborated on the basis of specified and conformed national AIS data.

Regulation 10: Port State control

The Contracting Parties shall carry out port State control on the basis of either the 1982 Paris Memorandum of Understanding on Port State Control or the Council Directive 95/21/EC of 19 June 1995, as amended, concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control).

Regulation 11: Promotion of a safety and environmental culture through the establishment of a common procedure for the investigations into marine casualties

The Contracting Parties:

a) shall identify major non conformities under the ISM Code when investigating any safety or environment related occurrences on board a ship and marine casualties, distribute the findings to the maritime industry via IMO with the aim to improve safety management systems applied and act accordingly with respect to the possible withdrawal of the Document of Compliance or the Safety Management Certificate; and

b) shall make use of the IMO Code for the Investigation of Marine Casualties and Incidents with a view to co-operating if involved as flag State or other substantially interested State and to exchange, within the legal framework of data protection, the data of the voyage data recorders of involved ships under their flag.

Regulation 12: Places of refuge

The Contracting Parties:

a) shall, following-up the work of EC and IMO, draw up plans to accommodate, in the waters under their jurisdiction, ships in distress in order to ensure that ships in distress may immediately go to a place of refuge subject to authorisation by the competent authority; and

b) shall exchange details on plans for accommodating ships in distress.