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5. ESTRUCTURA DEL PLAN DE MANEJO AMBIENTAL

5.3 Marco legal

Which ships require a Certificate of

Fitness? Gas carriers and chemical tankers. Post- 1986 ships should have an International Certificate of Fitness and others a Certificate of Fitness. Who can issue Certificates of

Fitness to UK ships? Only the MCA. What is the period of validity of

Certificates of Fitness? 5 years, subject to mandatory annual and intermediate surveys. May a Certificate of Fitness be

extended? No.

Gas carrier Certificate of Fitness What is the proper name of the Certificate of Fitness issued to a new gas carrier (i. e. one built since 1986)?

International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk.

Under which IMO instrument is the International Certificate of Fitness for a gas carrier issued?

International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code).

Under which IMO instrument is the (non-international) Certificate of Fitness for a gas carrier issued?

Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (GC Code). This applies to gas carriers on international voyages built before 1 July 1986.

What does a Certificate of Fitness

issued to a gas carrier certify? (1 ) That the ship has been surveyed in accordance with the Code and that the survey showed that the ship's structure, equipment, fittings, arrangements and materials and the conditions thereof are in all respects satisfactory and that the ship complies with the relevant provisions of the Code; (2) That the design criteria listed on the certificate have been used; (3) That the ship is suitable for the carriage in bulk of the products listed, provided that all relevant operational provisions of the Code are observed; (5) That the ship must be loaded in accordance with the approved loading manual and the loading limitations attached the certificate.

Apart from the certifying statement, what does a gas carrier Certificate of Fitness contain?

Annex 1A: Continuation (if required) of Product List; Annex 1B: Key to Conditions of Carriage; Annex 2: Tank Plan of Ship; Annex 3: Loading

Limitations; Endorsements for Annual and Intermediate Surveys; Endorsement for Additional Survey; expiry and issue dates.

What document is issued with a

gas carrier Certificate of Fitness? A Loading and Stability Manual, approved, signed and dated by MCA or an organisation authorised by MCA. If a gas carrier requires to be loaded

differently from the instructions on its approved Loading Manual, what would you do?

Submit to MCA the necessary loading calculations to justify the proposed loading conditions, and obtain MCA's written authorisation.

Chemical tanker Certificate of Fitness

What is the proper name of the Certificate of Fitness issued to a chemical tanker built since 1986?

International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk.

Under which IMO instrument is the International Certificate of Fitness for a gas carrier issued?

International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code).

Under which IMO instrument is the (non-international) Certificate of Fitness for a chemical tanker issued?

Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code). This applies to chemical tankers on international voyages built before 1 July 1986.

What does a Certificate of Fitness issued to a chemical tanker certify?

(1 ) That the ship has been surveyed in accordance with the Code and that the survey showed that the ship's construction and equipment complied with the relevant provisions of the Code; (2) That the ship has been provided with a manual, in accordance with the standards for procedures and arrangements as called for by Regulations 5, 5A and 8 of Annex II of MARPOL, and that the arrangements and equipment of the ship prescribed in the manual are in all respects satisfactory and comply with the applicable requirements of the said Standards; (3) That the ship is suitable for the carriage in bulk of the products listed in the annexed signed and dated pages (numbers inserted) provided that all relevant provisions of the Code are observed; (4) That in accordance with paragraphs 1. 4/2/8/2/ the provisions of the Code are modified in respect of the ship in the following manner: (either relevant details are inserted, or paragraph is deleted); (5) That the ship must be loaded in accordance with the loading conditions in the approved loading manual.

Apart from the certifying statement, what does a chemical tanker Certificate of Fitness contain?

Expiry and issue dates; Endorsements for Annual and Intermediate Surveys; Notes; List of Products with coded Conditions of Carriage (numbers relating to relevant Operational Note and Tank Groups are given for each listed product); Tank Group Key (tank numbers referred to in the key are identified on the annexed Tank Plan); Operational Notes (several pages of detailed notes relating to products in Product List); Pollution Notes; General Notes; Strength Notes; Stability Notes; Tank Plan; Appendixes; Addenda.

What is shown in the Appendix to a chemical tanker Certificate of Fitness?

A list of additional products which, although not shown on the Products List of the COF, the ship is suitable to carry. (Certain chemical products are assessed for inclusion in Annex III of MARPOL and are therefore not required to be shown on a COF. ) Other sections of the Appendix mirror those of the COF.

What is shown in an Addendum to a chemical tanker Certificate of Fitness?

A certificate of suitability to carry additional products not listed in other parts of the COF, with conditions of carriage.

What document is issued with a chemical tanker Certificate of Fitness?

A Loading and Stability Manual, approved, signed and dated by MCA or an organisation authorised by MCA.

If a chemical tanker requires to be loaded differently from the

instructions on its approved Loading Manual, what would you do?

Submit to MCA the necessary loading calculations to justify the proposed loading conditions, and obtain MCA's written authorisation.

INTERNATIONAL NOXIOUS LIQUID SUBSTANCES CERTIFICATE (INLSC)

What is the proper name of an International Noxious Liquid Substances Certificate?

International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.

Under which international instrument is an International Noxious Liquid Substances Certificate required?

Annex II of MARPOL.

Which regulations give effect to

MARPOL Annex II in the UK? The Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996. Which ships require an

International Noxious Liquid Substances Certificate?

Ships other than chemical tankers (which have a COF) when carrying cargoes of

MARPOL Annex II substances, i. e. noxious liquid substances. E. g. offshore supply

vessels carrying brine or oil-based mud. An INLSC can be thought of as a Certificate of Fitness to carry chemicals for a ship which is not a purpose-built chemical tanker.

What does an International Noxious Liquid Substances Certificate certify?

1 ) That the ship has been surveyed in accordance with Reg. 10 of Annex II of

MARPOL, (2) That the survey showed that the ship's structure, equipment,

systems, fittings, arrangements and materials and their condition are in all respects satisfactory and that the ship complies with the applicable requirements of Annex II of MARPOL, (3) That the ship has been provided with a manual in accordance with the Standards for Procedures and Arrangements as called for by Regulations 5, 5A and 8 of Annex II of MARPOL, and that the arrangements and

equipment of the ship prescribed in the manual are in all respects satisfactory and comply with the applicable requirements of the Standards; (4) That the ship is suitable for the carriage in bulk of the noxious liquid substances listed on the front of the Certificate, provided that all relevant provisions of Annex II are observed.

In addition to the certification in the last answer, what does an

International Noxious Liquid Substances Certificate contain?

Expiry and issue dates; Endorsements for Annual, Intermediate and Additional Surveys; Notes; List of NLSs with coded Conditions of Carriage; key to Conditions of Carriage; Tank Plan of Ship.

Which document is issued with an International Noxious Liquid Substances Certificate?

A Procedures and Arrangements Manual.

What record book must any ship carrying noxious liquid substances be provided with?

A Cargo Record Book, in the form specified in Annex II of the NLS Regulations.

What operations are to be recorded in the Noxious Liquid Substances Cargo Record Book?

On a tank-to-tank basis: (1) loading of cargo; (2) internal transfer of cargo; (3) unloading of cargo; (4) cleaning of cargo tanks; (5) ballasting of cargo tanks; (6) discharge of ballast from cargo tanks; (7) disposal of residues to reception facilities; (8) discharge of residues into the sea in accordance with Schedule 2 in M. 1703/NLS1; (9) removal of residues by ventilation.

OIL POLLUTION INSURANCE CERTIFICATE (OPIC) and OTHER CERTIFICATES OF FINANCIAL RESPONSIBILITY

What is an OPIC? An Oil Pollution Insurance Certificate, properly titled a Certificate of Insurance or Other Financial Security in respect of Civil Liability for Oil Pollution Damage. Under which international instrument

is an OPIC required? The International Convention on Civil Liability for Oil Pollution Damage (known as the CLC).

Which ships require an OPIC? Ships carrying 2000 tonnes or more of persistent oil in bulk as cargo.

What is 'persistent oil'? Broadly, all hydrocarbon mineral oils, residual oils (residues of distillation of or refining of crude oil) and whale oil.

What is the purpose of an OPIC? To certify that there is in force in respect of the ship a policy of insurance or other financial security satisfying the requirements of Article VII of the

International Convention on Civil Liability for Oil Pollution Damage 1969 (the

CLC). When should an OPIC be produced,

and to whom should it be produced? On arrival at and departure from any port or terminal, to Customs (in UK) or any state or harbour official requesting it. How is an OPIC obtained? By application of the owners to MCA London Regional Marine Office (Orpington,

Kent), enclosing documentary proof that an insurance policy exists. Proof is normally shown by a 'blue certificate issued by the owner's P&l club. Which organisations offer oil pollution

liability insurance meeting the requirements of the CLC Convention?

P&l clubs, usually up to a limit of liability of US$500m. Other specialist organisations provide unlimited liability cover for US voyages.

What certificates similar in purpose to an OPIC are required under

American law for voyages to US waters?

A federal Certificate of Financial Responsibility, required under laws pursuant to Oil Pollution Act 1990; and, for certain states, a state Certificate of Financial Responsibility (which in some states has a different name).

DERATTING and DERATTING EXEMPTION CERTIFICATES

Which ships require Deratting or

Deratting Exemption Certificates? All ships. Every ship must be either periodically deratted, or be rat-free, and carry a certificate to show this. Under which international instrument

are Deratting and Deratting Exemption Certificates required?

The World Health Organization (WHO) International Health Regulations. Where and when is a Deratting

Exemption Certificate issued? At an Approved Port in any country which is Party to the International Health Regulations, after inspection has found no evidence of rats on the ship. Where and when is a Deratting

Certificate issued? At a Designated Approved Port in any country which is a Party to the International Health Regulations, after successful de-ratting of the ship. Which authorities issue Deratting and

Deratting Exemption Certificates? Port health authorities in countries which are parties to WHO International Health Regulations (i. e. almost all countries). What is the maximum period of

validity of Deratting Exemption and Deratting Certificates?

6 months. A one-month extension may be allowed for a Deratting Exemption Certificate.

For what purposes can a Deratting

When must a Deratting or Deratting

Exemption Certificate be produced? On arrival at a port, when obtaining health clearance. In the UK the appropriate certificate is shown to HM Customs.

INTERNATIONAL and OTHER TONNAGE CERTIFICATES International Tonnage Certificate (1969) (ITC69)

Which ships require an

International Tonnage Certificate (1969)?

All ships of 24 metres in length or more.

What figures are written on the front of an International Tonnage

Certificate (1969)?

Ship's particulars; length, breadth and moulded depth; Gross Tonnage and Net Tonnage. Both tonnages are simple numbers, without any units of measurement, e. g. tonnes'.

How is Gross Tonnage determined?

By measurement of the volume, in cubic metres, of all the enclosed spaces in the ship. This volume is multiplied by a 'multiplier' (K) obtained from a table in the International

Tonnage Convention 1969 or The MS (Tonnage) Regulations 1982. How is the Net Tonnage of a cargo

ship determined?

By measurement of the volume, in cubic metres, of all the cargo spaces in the ship. This volume is multiplied by a 'multiplier' (K) obtained from a table in the International

Tonnage Convention 1969 or The MS (Tonnage) Regulations 1982, and then by the

square of 4d/3D, where d is the ship's moulded summer draught and D is the moulded depth.

How is the Net Tonnage of a passenger ship determined?

As for a cargo ship, but with the addition of a factor involving the number of passengers in cabins with not more than 8 berths, and the number of other passengers.

What does Gross Tonnage represent, basically?

The physical size of the ship.

What does Net Tonnage represent, basically?

The earning power of the ship.

What is the main purpose of Net Tonnage?

For determining payable dues such as port charges, light dues, etc. in many countries. (Many ports use other criteria, however. )

How did Net Tonnage used to be determined?

By deducting the volume of non-earning spaces (e. g. crew accommodation) from the gross tonnage measurement. (100 cu ft = 1 gross ton under the 'old' measurement system. )

What information is given on the back of an International Tonnage Certificate (1969)?

A list of spaces measured in the computation of each tonnage (GT and NT), including the location (frame numbers) and length of each space. Also, under NT, the number of passengers in cabins with not more than 8 berths, the number of other passengers and the moulded draught Date and place of original measurement. Date and place of last previous remeasurement.

Other tonnage certificates What other tonnage certificates might a ship trading worldwide have?

A Suez Canal Special Tonnage Certificate and/or a Panama Canal PC/UMS Net Tonnage Certificate.

What is the purpose of Suez Canal and Panama Canal Tonnage Certificates?

To establish tonnages (in particular, net tonnage) on which canal dues are charged.

What survey is required for issue of a canal tonnage certificate?

A measurement survey. Canal authority measurement systems differ from the International (1969) system.

Who issues Suez Canal and Panama Canal Tonnage Certificates?

MCA or authorised classification societies. For most ships the classification society will carry out the survey when the ship is built, or at some later time before the first transit.

Where can you find out more about Suez and Panama canal tonnages?

Suez canal tonnage is described in Instructions to Surveyors: Measurement of Suez Canal Tonnage, published by HMSO. Panama Canal tonnage rules are on the Internet at www. pancanal. com

Is a special canal tonnage

certificate required for transiting the Kiel Canal?

No. The ITC(1969) is sufficient.

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