Merchant Shipping (Control of Harmful Anti-Fouling Systems) Order 2014 Article 1

Transcription

1 Merhant Shipping (Control of Harmful Anti-Fouling Systems) Artile 1 MERCHANT SHIPPING (CONTROL OF HARMFUL ANTI-FOULING SYSTEMS) ORDER 2014 Index Artile Page PART 1 - INTRODUCTORY 2 1 Title Commenement Appliation Interpretation Operator s responsibility... 4 PART 2 CONTROLS ON ANTI-FOULING SYSTEMS 4 6 Controls on anti-fouling systems Surveys AFS Certifiate AFS Delaration... 5 PART 3 - ENFORCEMENT 6 10 AFS Certifiate may be withdrawn Prohibition on engaging on an international voyage without a valid AFS Certifiate or AFS Delaration Powers of an inspetor Provisions relating to delay of ships Provisions relating to offenes... 7 PART 4 FOREIGN SHIPS 8 15 Interpretation for this Part Foreign ship operator s responsibility Prohibition on using organotin ompounds whih at as anti-fouling ompounds Inspetion of foreign ships Provisions relating to enforement, detention and offenes... 9 PART 5 TRANSITIONAL PROVISIONS Transitional provision for ertifiation of a Manx ship SD 2014/0062 Page 1

2 Artile 1 Merhant Shipping (Control of Harmful Anti-Fouling Systems) Statutory Doument 2014/0062 Oil Pollution At 1986 MERCHANT SHIPPING (CONTROL OF HARMFUL ANTI-FOULING SYSTEMS) ORDER 2014 Approved by Tynwald: 19 Marh 2014 Coming into Operation: 1 April 2014 The Department of Eonomi Development, after onsulting the Seretary of State, makes the following Order under setion 14 of the Oil Pollution At PART 1 - INTRODUCTORY 1 Title This Order is the Merhant Shipping (Control of Harmful Anti-Fouling Systems). 2 Commenement If approved by Tynwald, this Order omes into operation on 1 April Appliation (1) Unless provided otherwise, this Order applies to a Manx ship wherever it may be; and any fixed or floating platform engaged in the exploration and exploitation of the seabed and subsoil of the territorial waters of the Island. (2) Part 4 of this Order applies to a foreign ship whilst it is in a port, shipyard or offshore terminal of the Island. (3) This Order does not apply to a warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government, non-ommerial servie. 4 Interpretation (1) In this Order Page 2 SD 2014/0062

3 Merhant Shipping (Control of Harmful Anti-Fouling Systems) Artile 4 AFS Certifiate means an International Anti-fouling System Certifiate issued in aordane with regulation 2 of Annex 4 to the AFS Convention; AFS Convention means the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 whih is annexed to the final at of IMO s International Conferene on the Control of Harmful Anti-Fouling Systems for Ships and was adopted by that Conferene on 18 Otober 2001; AFS Delaration means a Delaration on Anti-Fouling Systems drawn up in aordane with regulation 5 of Annex 4 to the AFS Convention; anti-fouling system means a oating, paint, surfae treatment, surfae, or devie that is used on a ship to ontrol of prevent attahment of unwanted organisms; authorised offier means a person appointed as an inspetor in aordane with setion 3 of the Merhant Shipping At 1985; Convention ountry means a ountry that has onsented to be bound by the AFS Convention; Department means the Department for Eonomi Development; foreign ship means a ship whih is not a Manx ship; gross tonnage means the gross tonnage alulated in aordane with the tonnage measurement regulations ontained in Annex 1 to the International Convention on Tonnage Measurement of Ships, 1969, or any suessor Convention; IMO means the International Maritime Organization; inspetor means a person appointed as an inspetor under setion 3 of the Merhant Shipping At 1985 or a surveyor of an RO authorised by the Department to ondut inspetions for ompliane with the requirements of this Order; international voyage means a voyage from a ountry to a port, shipyard or offshore terminal outside that ountry; length means the length as defined in the International Convention on Load Lines, 1966, as modified by the Protool of 1988 relating thereto, or any suessor Convention; Manx ship has the meaning given by setion 1 of the Merhant Shipping Registration At 1991 inluding ships registered under Part IV of that At (the Demise Charter Register) or under Part 3 of the Harbours At 2010; Manx Shipping Notie or MSN means a notie desribed as suh and issued by the Department and inludes any doument amending the same whih the Department onsiders relevant from time to time; SD 2014/0062 Page 3

4 Artile 5 Merhant Shipping (Control of Harmful Anti-Fouling Systems) operator means the person registered as the owner of a Manx ship in aordane with the Merhant Shipping Registration At 1991 or Part 3 of the Harbours At 2010 (as the ase may be), or any other person who has assumed responsibility for the operation of the ship from the owner and who on assuming that responsibility has agreed to take over all the duties and responsibilities imposed by the AFS Convention; RO means any reognised organisation speified in MSN 020 whih is authorised by the Department to undertake the speified funtion; ship means a vessel of any type operating in the marine environment and inludes hydrofoil boats, air-ushion vehiles, submersibles, floating raft, fixed or floating platforms, floating storage units and floating prodution storage and off-loading units; and statement of ompliane means a doument desribed as suh and issued by an RO following a satisfatory survey in aordane with regulation 1 of Annex 4 to the AFS Convention. 5 Operator s responsibility (1) An operator must ensure a ship omplies with the requirements of this Order. (2) Paragraph (1) applies whether or not this Order imposes an obligation on another person. (3) An operator who fails to omply with paragraph (1) ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. PART 2 CONTROLS ON ANTI-FOULING SYSTEMS 6 Controls on anti-fouling systems (1) The appliation, re-appliation, installation or use of organotin ompounds whih at as bioides in anti-fouling systems is prohibited on ships. (2) A ship must either not bear organotin ompounds whih at as bioides on its hull or external parts or surfaes; or bear a oating that forms a barrier to prevent those ompounds leahing from the underlying non-ompliant anti-fouling systems. This paragraph does not apply to a fixed or floating platform, a floating storage unit or a floating prodution storage and off-loading unit, if it Page 4 SD 2014/0062

5 Merhant Shipping (Control of Harmful Anti-Fouling Systems) Artile 7 was onstruted prior to 1 January 2003 and has not been in dry-dok on or after 1 January Surveys A ship of 400 gross tonnage or more engaged in international voyages is subjet to the following surveys by the Department or RO an initial survey before the ship is put into servie or before the AFS Certifiate is issued for the first time; and a survey when the anti-fouling system is hanged or replaed. This artile does not apply to a fixed or floating platform, floating storage unit or floating prodution storage and off-loading unit. 8 AFS Certifiate (1) A ship of 400 gross tonnage or above engaged in international voyages must arry a urrent, valid AFS Certifiate issued by the Department or RO. This paragraph does not apply to a fixed or floating platform, floating storage unit or floating prodution storage and off-loading unit. (2) Subjet to paragraph (3), an AFS Certifiate may be issued only if the Department or RO has asertained through a survey in aordane with artile 7 that the ship s anti-fouling system fully omplies with this Order. (3) The issue of a new AFS Certifiate to a ship transferred from another Convention ountry may be based on either a new survey or on a valid AFS Certifiate issued by the previous Convention ountry whose flag the ship was entitled to fly. (4) The Department or RO will endorse the AFS Certifiate following the suessful ompletion of a survey as required by artile 7 arried out due to the hanging or replaement of an anti-fouling system. (5) An AFS Certifiate eases to be valid in the following irumstanes if the anti-fouling system is hanged or replaed and the ertifiate is not endorsed in aordane with paragraph (4); or when a ship hanges flag. (6) The AFS Certifiate must be readily available on board the ship for inspetion at all times. 9 AFS Delaration (1) A ship of 24 metres or more in length but less than 400 gross tonnage and engaged in international voyages must arry a valid AFS Delaration whih is signed by the owner or owner s authorised agent and SD 2014/0062 Page 5

6 Artile 10 Merhant Shipping (Control of Harmful Anti-Fouling Systems) ontains appropriate endorsement as speified in MSN 047; or is aompanied by related doumentation suh as a paint reeipt or ontrator invoie. (2) The AFS Delaration must be drawn up in the form orresponding to the model given in Appendix 2 to Annex 4 of the AFS Convention and be written at least in English. (3) The AFS Delaration must be readily available on board the ship for inspetion at all times. This artile does not apply to fixed or floating platforms, floating storage units or floating prodution storage and off-loading units. PART 3 - ENFORCEMENT 10 AFS Certifiate may be withdrawn The Department or, with the permission of the Department, an RO, may withdraw an AFS Certifiate if the ship s anti-fouling system does not onform either to the partiulars of the AFS Certifiate; or the requirements of this Order, and any required orretive ation has not been taken. 11 Prohibition on engaging on an international voyage without a valid AFS Certifiate or valid AFS Delaration (1) A ship to whih artile 8 or 9 applies is prohibited from engaging on an international voyage without a valid AFS Certifiate or valid AFS Delaration. (2) If the ship engages on an international voyage or attempts to engage on an international voyage without a valid AFS Certifiate or valid AFS Delaration, the master ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 12 Powers of an inspetor (1) Without limiting any wider powers that may be granted to an inspetor under any other statutory provision, an inspetor has the following powers to board a ship; to arry out any examination, test or inquiry that he or she may onsider neessary in order to be satisfied that the ship omplies Page 6 SD 2014/0062

7 Merhant Shipping (Control of Harmful Anti-Fouling Systems) Artile 13 () with this Order, inluding a brief sampling of the ship s antifouling system that does not affet the integrity, struture, or operation of the anti-fouling system taking into aount guidelines developed by IMO; and to require that any non-ompliane with this Order is remedied. (2) A person who wilfully obstruts an inspetor in the exerise of a power onferred by paragraph (1) ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 13 Provisions relating to delay of ships (1) If an operator onsiders a ship has been unreasonably delayed the operator may apply to the High Bailiff for a delaration to that effet. (2) An appliation under paragraph (1) () may not be made more than 7 days after the delay has eased; must be made in writing; and must be served on the Department as well as the High Bailiff. (3) On an appliation under paragraph (1) it is for the appliant to show, on the balane of probabilities, that the ship s delay was unreasonable in all the irumstanes; and the operator has suffered loss in onsequene of that delay. (4) If it appears to the High Bailiff that both sub-paragraphs of paragraph (3) are met the High Bailiff may order the Department to pay suh ompensation as appears appropriate. 14 Provisions relating to offenes (1) It is a defene for a person harged under this Order to show that he or she took all reasonable steps to avoid the ommission of the offene. (2) If the ommission by any person of an offene under this Order is due to the at or default of some other person, that other person is guilty of the offene, and a person may be harged with and onvited of the offene by virtue of this artile whether or not proeedings are taken against the first-mentioned person. (3) If a body orporate is guilty of an offene under this Order, and that offene is proved to have been ommitted with the onsent or onnivane of, or to have been attributable to any neglet on the part of a diretor, manager, seretary or other similar offier of the body orporate, or any person who was purporting to at in any suh apaity, he or she, as well as the body orporate, is guilty of that offene and is liable to be proeeded against and punished aordingly. SD 2014/0062 Page 7

8 Artile 15 Merhant Shipping (Control of Harmful Anti-Fouling Systems) (4) If the affairs of a body orporate are managed by its members, the preeding paragraph applies in relation to the ats and defaults of a member in onnetion with his or her funtions of management as if the member were a diretor of the body orporate. (5) For the purposes of this artile, body orporate inludes a limited liability ompany onstituted under the Limited Liability Companies At 1996 and, in relation to that ompany, any referene to a diretor or other offier of a body orporate is a referene to a member and to the ompany s manager and registered agent. PART 4 FOREIGN SHIPS 15 Interpretation for this Part In this Part foreign ship operator means the owner of a foreign ship or any other person who has assumed responsibility for the operation of the ship from the owner and who on assuming that responsibility has agreed to take over all the duties and responsibilities imposed by the AFS Convention. 16 Foreign ship operator s responsibility (1) If a ship is in a port, shipyard or offshore terminal of the Island, the foreign ship operator must ensure that the ship omplies with the provisions of the AFS Convention. (2) A foreign ship operator who fails to omply with paragraph (1) ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 17 Prohibition on using organotin ompounds whih at as anti-fouling ompounds A ship in a port, shipyard or offshore terminal of the Island is prohibited from applying, re-applying, installing or using organotin ompounds whih at as bioides in anti-fouling systems. 18 Inspetion of foreign ships (1) A ship may be subjet to inspetion by an authorised offier for the purpose of determining whether the ship is in ompliane with the AFS Convention. (2) Exept in the irumstanes in paragraph (3), the inspetion is limited to verifying that, where required, there is on board a valid AFS Certifiate or a valid AFS Delaration; and Page 8 SD 2014/0062

9 Merhant Shipping (Control of Harmful Anti-Fouling Systems) Artile 19 arrying out a brief sampling of the ship s anti-fouling system that does not affet the integrity, struture or operation of the antifouling system taking into aount guidelines developed by IMO. (3) If there are lear grounds for believing that the ship is in violation of the AFS Convention, an authorised offier may arry out a thorough inspetion taking into aount guidelines developed by IMO. (4) An inspetion under paragraph (1) may also be undertaken at the request of another Convention ountry if it is reeived with suffiient evidene that the ship is operating or has operated in violation of the AFS Convention. 19 Provisions relating to enforement, detention and offenes (1) If an authorised offier arries out an inspetion in aordane with artile 18 and finds that the ship is in violation of the AFS Convention, the authorised offier may warn, detain, dismiss or exlude the ship from a Manx port, shipyard or offshore terminal. (2) If an inspetion is onduted or when measures are taken in aordane with paragraph (1), all reasonable efforts must be made to avoid a foreign ship being unreasonably detained or delayed. (3) If a foreign ship operator onsiders a ship has been unreasonably detained or delayed the foreign ship operator may apply to the High Bailiff for a delaration to that effet. (4) An appliation under paragraph (3) () may not be made more than 7 days after the detention or delay has eased; must be made in writing; and must be served on the Department as well as the High Bailiff. (5) On an appliation under paragraph (3) it is for the appliant to show, on the balane of probabilities, that the ship s detention or delay was unreasonable in all the irumstanes; and the foreign ship operator has suffered loss in onsequene of that detention or delay. (6) If it appears to the High Bailiff that both sub-paragraphs of paragraph (5) are met the High Bailiff may order the Department to pay suh ompensation as appears appropriate. (7) If a ship is detained in aordane with paragraph (1), setion 74 of the Merhant Shipping Registration At 1991 (whih relates to the detention of a ship) has effet, subjet to the modifiations SD 2014/0062 Page 9

10 Artile 20 Merhant Shipping (Control of Harmful Anti-Fouling Systems) in sub-setions (1) and (2), after any offier of the Department insert «any authorised offier,»; in sub-setion (3), for this At (wherever ourring) substitute «the AFS Order»; and () after sub-setion (3) add «(4) In this setion AFS Order means the Merhant Shipping (Control of Harmful Anti-Fouling Systems) ; and authorised offier has the meaning given by artile 4 of the AFS Order.» (8) It is a defene for a person harged under this Order to show that he or she took all reasonable steps to avoid the ommission of the offene. (9) If the ommission by any person of an offene under this Order is due to the at or default of some other person, that other person is guilty of the offene, and a person may be harged with and onvited of the offene by virtue of this artile whether or not proeedings are taken against the first-mentioned person. PART 5 TRANSITIONAL PROVISIONS 20 Transitional provision for ertifiation of a Manx ship Until the date that is 6 months after the date the AFS Convention is extended to the Island, this Order applies with the modifiations that in Part 2 (Controls on Anti-Fouling Systems) for the words AFS Certifiate and ertifiate (wherever ourring), substitute «statement of ompliane». MADE 14 th February 2014 JOHN SHIMMIN Minister for Eonomi Development Page 10 SD 2014/0062

11 Merhant Shipping (Control of Harmful Anti-Fouling Systems) Explanatory Note EXPLANATORY NOTE (This note is not part of the Order) This Order gives effet to the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001 (AFS Convention) and omes into operation on 1 April The Order applies to a Manx ship wherever it may be and a foreign fixed and floating platform if it is engaged in the exploration and exploitation of the seabed and subsoil of Manx territorial waters. Part 4 of the Order applies to a foreign ship in a port, shipyard or offshore terminal of the Island. Copies of this doument and Manx Shipping Noties are obtainable from the Isle of Man Ship Registry, Department of Eonomi Development, St Georges Court, Upper Churh Street, Douglas, Isle of Man, IM1 1EX and an be aessed via the website Copies of the AFS Convention, IMO resolutions and irulars an be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR. SD 2014/0062 Page 11