Regulation 21 - Prevention of oil pollution from oil tankers carrying heavy grade oil as cargo

  1 This regulation shall:

• .1 apply to oil tankers of 600 tonnes deadweight and above carrying heavy grade oil as cargo regardless of the date of delivery; and

• .2 not apply to oil tankers covered by subparagraph 1 above which comply with regulations 19.3.1 and 19.3.2 or 19.4 or 19.5 of this Annex, except that the requirement for minimum distances between the cargo tank boundaries and the ship side and bottom plating need not be met in all respects. In that event, the side protection distances shall not be less than those specified in the International Bulk Chemical Code for type 2 cargo tank location and the bottom protection distances at centreline shall comply with regulation 18.15.2 of this Annex.

  2 For the purpose of this regulation "heavy grade oil" means any of the following:

• .1 crude oils having a density at 15ºC higher than 900 kg/m³;

• .2 oils, other than crude oils, having either a density at 15°C higher than 900 kg/m³ or a kinematic viscosity at 50°C higher than 180 mm²/s; or

• .3 bitumen, tar and their emulsions.

  3 An oil tanker to which this regulation applies shall comply with the provisions of paragraphs 4 to 8 of this regulation in addition to complying with the applicable provisions of regulation 20.

  4 Subject to the provisions of paragraphs 5, 6 and 7 of this regulation, an oil tanker to which this regulation applies shall:

• .1 if 5,000 tonnes deadweight and above, comply with the requirements of regulation 19 of this Annex not later than 5 April 2005; or

• .2 if 600 tonnes deadweight and above but less than 5,000 tonnes deadweight, be fitted with both double bottom tanks or spaces complying with the provisions of regulation 19.6.1 of this Annex, and wing tanks or spaces arranged in accordance with regulation 19.3.1 and complying with the requirement for distance w as referred to in regulation 19.6.2, not later than the anniversary of the date of delivery of the ship in the year 2008.

  5 In the case of an oil tanker of 5,000 tonnes deadweight and above, carrying heavy grade oil as cargo fitted with only double bottoms or double sides not used for the carriage of oil and extending to the entire cargo tank length or double hull spaces which are not used for the carriage of oil and extend to the entire cargo tank length, but which does not fulfil conditions for being exempted from the provisions of paragraph 1.2 of this regulation, the Administration may allow continued operation of such a ship beyond the date specified in paragraph 4 of this regulation, provided that:

• .1 the ship was in service on 4 December 2003;

• .2 the Administration is satisfied by verification of the official records that the ship complied with the conditions specified above;

• .3 the conditions of the ship specified above remain unchanged; and

• .4 such continued operation does not go beyond the date on which the ship reaches 25 years after the date of its delivery.

• 6.1 The Administration may allow continued operation of an oil tanker of 5,000 tonnes deadweight and above, carrying crude oil having a density at 15ºC higher than 900 kg/m³ but lower than 945 kg/m³, beyond the date specified in paragraph 4.1 of this regulation, if satisfactory results of the Condition Assessment Scheme referred to in regulation 20.6 warrant that, in the opinion of the Administration, the ship is fit to continue such operation, having regard to the size, age, operational area and structural conditions of the ship and provided that the operation shall not go beyond the date on which the ship reaches 25 years after the date of its delivery.

• SEE INTERPRETATION 45

• .2 The Administration may allow continued operation of an oil tanker of 600 tonnes deadweight and above but less than 5,000 tonnes deadweight, carrying heavy grade oil as cargo, beyond the date specified in paragraph 4.2 of this regulation, if, in the opinion of the Administration, the ship is fit to continue such operation, having regard to the size, age, operational area and structural conditions of the ship, provided that the operation shall not go beyond the date on which the ship reaches 25 years after the date of its delivery.

  7 The Administration of a Party to the present Convention may exempt an oil tanker of 600 tonnes deadweight and above carrying heavy grade oil as cargo from the provisions of this regulation if the oil tanker:

• .1 either is engaged in voyages exclusively within an area under its jurisdiction, or operates as a floating storage unit of heavy grade oil located within an area under its jurisdiction; or

• .2 either is engaged in voyages exclusively within an area under the jurisdiction of another Party, or operates as a floating storage unit of heavy grade oil located within an area under the jurisdiction of another Party, provided that the Party within whose jurisdiction the oil tanker will be operating agrees to the operation of the oil tanker within an area under its jurisdiction.

• 8.1 The Administration of a Party to the present Convention which allows, suspends, withdraws or declines the application of paragraph 5, 6 or 7 of this regulation to a ship entitled to fly its flag shall forthwith communicate to the Organization for circulation to the Parties to the present Convention particulars thereof, for their information and appropriate action, if any.

• .2 Subject to the provisions of international law, a Party to the present Convention shall be entitled to deny entry of oil tankers operating in accordance with the provisions of paragraph 5 or 6 of this regulation into the ports or offshore terminals under its jurisdiction, or deny ship-to-ship transfer of heavy grade oil in areas under its jurisdiction except when this is necessary for the purpose of securing the safety of a ship or saving life at sea. In such cases, that Party shall communicate to the Organization for circulation to the Parties to the present Convention particulars thereof for their information.