RESOLUTION MEPC.330(76) (adopted June 17, 2021)
Amendments to the Annex to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by its 1978 Protocol
Amendments to Annexes I and IV of the MARPOL Convention
(Exemption of barges without crew or self-propulsion from certain recipes on recognition and certification)
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
RECALLING article 38.a) of the Constitutive Convention of the International Maritime Organization, an article that deals with the functions of the Committee for the Protection of the Marine Environment conferred by the international conventions related to the prevention and containment of marine pollution caused by ships,
RECALLING ALSO Article 16 of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by its 1978 Protocol (MARPOL Convention), which specifies the amendment procedure and confers on the relevant body of the Organization the function of consider and adopt the corresponding amendments,
HAVING CONSIDERED, at its 76th Session, the proposed amendments to Annexes I and IV of the MARPOL Convention relating to the exemption of Unmanned and Unmanned Self-Propelled Barges (UNSPs) from the survey and certification requirements, which were circulated accordingly. in accordance with the provisions of article 16 2) a) of the MARPOL Convention,
1. ADOPTS, in accordance with the provisions of MARPOL article 16(2)(d), the amendments to MARPOL Annexes I and IV, the text of which is annexed to the present resolution;
2. DETERMINES, in accordance with the provisions of article 16 2) f) iii) of the MARPOL Convention, that the amendments will be considered accepted on May 1, 2022, I know that, prior to that date, one third at least the Parties, where those Parties whose combined merchant fleets represent at least 50% of the gross tonnage of the world merchant fleet, have notified the Organization that they reject the amendments;
3. INVITES Parties to note that, in accordance with MARPOL Article 16(2)(g)(ii), these amendments will enter into force on November 1, 2022, upon acceptance in accordance with the provisions of paragraph 2 above;
4. REQUESTS the Secretary General, for the purposes of Article 16(2)(e) of the MARPOL Convention, to transmit to all Parties to the MARPOL Convention certified copies of this resolution and the text of the amendments contained in the annex ;
5. FURTHER REQUESTS the Secretary General to transmit copies of this resolution and its appendix to Members of the Organization that are not Parties to the MARPOL Convention.
ANNEXED
Amendments to Annex I of the MARPOL Convention
(Exemption of UNSP barges from certain survey and certification requirements)
Rule 1. Definitions.
1. The following new paragraph 40 is added:
40. Unmanned and unpropelled barge (UNSP) means a barge that:
- .1 lacks mechanical means of propulsion;
- .2 not carry oil (as defined in regulation 1.1 of this annex);
- .3 does not have machines that can use oil or generate oil residues (sludge);
- .4 does not have oil fuel tanks, lubricating oil tanks, oily bilge water retention tanks or oil residue (sludge) tanks; there
- .5 do not carry people or live animals on board.
Rule 3. Exemptions and waivers.
2. Replace paragraph 2 with the following:
2. The details of any state exemption that the Administration may grant, except those indicated in paragraph 7 of this regulation, will be included in the certificate referred to in regulation 7 of this annex.
3. The following new paragraph 7 is added:
7. The Administration may exempt a UNSP barge from compliance with the provisions of rules 6.1 and 7.1 of this annex by means of an international certificate of extinction of barges without crew or self-propulsion for the prevention of hydrocarbon pollution, for a period not than five years, as long as the UNSP barge has undergone a survey to confirm compliance with the conditions referred to in rules 1.40.1 to 1.40.5 of this annex.
Reg 8. Issuance or request of the certificate by another Government.
4. Replace paragraph 4 with the following:
4. The International Oil Pollution Prevention Certificate and the UNSP Barge Exemption Certificate shall not be issued to any ship entitled to fly the flag of a State that is not a Party to the Convention.
Reg 9. Model certificate.
5. The current paragraph is changed to paragraph 1 and the following new paragraph 2 is added:
2. The International Certificate of extinction of barges without endowment or self-propulsion (UNSP) for the prevention of pollution by hydrocarbons will be drawn up at least in Spanish, French or English, according to the model that appears in appendix IV of this annex. When an official language of the issuing country is also used, the text in said language will be attested in case of controversy or discrepancy.
6. The following new Appendix IV is added:
ANNEX IV
UNSP Barge Exemption Certificate Model
AMENDMENTS TO MARPOL ANNEX IV (Exemption of UNSP barges from certain survey and certification requirements)
Rule 1. Definitions.
1. The following new paragraph 16 is added:
16. Unmanned and unpropelled barge (UNSP) means a barge that:
- .1 lacks mechanical means of propulsion;
- .2 do not carry people or live animals on board;
- .3 not used to store sewage during transport; there
- .4 does not have devices that can generate sewage as defined in regulation 1.3 of this annex.
Settlement 3. Exceptions.
2. The title of the rule is constituted by the following:
3. The following new paragraph 2 is added:
2 The Administration may exempt unmanned or self-propelled barges (UNSP) from compliance with the provisions of regulations 4.1 and 5.1 of this annex by means of an international certificate of extinction of unmanned or self-propelled barges (UNSP) for the prevention of pollution by sewage, for a period not exceeding five years as long as the barge has been surveyed to confirm compliance with the conditions referred to in rules 1.16.1 to 1.16.4 of this annex .
Reg 6. Issuance or request of the certificate by another Government.
4. Replace paragraph 4 with the following:
4 The International Sewage Pollution Prevention Certificate and the UNSP Barge Extinction Certificate shall not be issued to any ship entitled to fly the flag of a State that is not a Party to the Convention.
Reg. 7. Certificate model.
5. The current paragraph becomes paragraph 1 and the reference to the appendix becomes appendix 1.
6. The following new paragraph 2 is added:
2 The International Unmanned and Self-Propelled Barge Extinction Certificate (UNSP) for the prevention of sewage pollution is drawn up at least in English, French or Spanish, according to the model in Appendix II to this Annex. When an official language of the issuing country is also used, the text in said language will be attested in case of controversy or discrepancy.
Appendices.
7. The existing Appendix is renumbered as Appendix I and the following new Appendix II is added:
ANNEX II
UNSP Barge Exemption Certificate Model
