Regulation 38 - Reception facilities
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Regulation 38 - Reception facilities

 SEE INTERPRETATION 62

Parent topic: Chapter 6 - Reception Facilities

A. Reception facilities outside special areas

  1 The Government of each Party to the present Convention undertakes to ensure the provision at oil loading terminals, repair ports, and in other ports in which ships have oily residues to discharge, of facilities for the reception of such residues and oily mixtures as remain from oil tankers and other ships adequatefootnote to meet the needs of the ships using them without causing undue delay to ships.

  2 Reception facilities in accordance with paragraph 1 of this regulation shall be provided in:

  • .1 all ports and terminals in which crude oil is loaded into oil tankers where such tankers have immediately prior to arrival completed a ballast voyage of not more than 72 hours or not more than 1,200 nautical miles;

  • .2 all ports and terminals in which oil other than crude oil in bulk is loaded at an average quantity of more than 1,000 tonnes per day;

  • .3 all ports having ship repair yards or tank cleaning facilities;

  • .4 all ports and terminals which handle ships provided with the oil residue (sludge) tank(s) required by regulation 12 of this Annex;

  • .5 all ports in respect of oily bilge waters and other residues that cannot be discharged in accordance with regulations 15 and 34 of this Annex and paragraph 1.1.1 of part II-A of the Polar Code; and

  • .6 all loading ports for bulk cargoes in respect of oil residues from combination carriers which cannot be discharged in accordance with regulation 34 of this Annex.

  3 The capacity for the reception facilities shall be as follows:

  • .1 Crude oil loading terminals shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of regulation 34.1 of this Annex from all oil tankers on voyages as described in paragraph 2.1 of this regulation.

  • .2 Loading ports and terminals referred to in paragraph 2.2 of this regulation shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of regulation 34.1 of this Annex from oil tankers which load oil other than crude oil in bulk.

  • .3 All ports having ship repair yards or tank cleaning facilities shall have sufficient reception facilities to receive all residues and oily mixtures which remain on board for disposal from ships prior to entering such yards or facilities.

  • .4 All facilities provided in ports and terminals under paragraph 2.4 of this regulation shall be sufficient to receive all residues retained according to regulation 12 of this Annex from all ships that may reasonably be expected to call at such ports and terminals.

  • .5 All facilities provided in ports and terminals under this regulation shall be sufficient to receive oily bilge waters and other residues which cannot be discharged in accordance with regulation 15 of this Annex and paragraph 1.1.1 of part II-A of the Polar Code.

  • .6 The facilities provided in loading ports for bulk cargoes shall take into account the special problems of combination carriers as appropriate.

  4 Small Island Developing States may satisfy the requirements in paragraphs 1 to 3 of this regulation through regional arrangements when, because of those States' unique circumstances, such arrangements are the only practical means to satisfy these requirements. Parties participating in a regional arrangement shall develop a Regional Reception Facilities Plan, taking into account the guidelines developed by the Organization.

The Government of each Party participating in the arrangement shall consult with the Organization, for circulation to the Parties of the present Convention:

  • .1 how the Regional Reception Facilities Plan takes into account the Guidelines;

  • .2 particulars of the identified Regional Ships Waste Reception Centres; and

  • .3 particulars of those ports with only limited facilities.

B. Reception facilities within special areas

  5 The Government of each Party to the present Convention the coastline of which borders on any given special area shall ensure that all oil loading terminals and repair ports within the special area are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from oil tankers. In addition all ports within the special area shall be provided with adequatefootnote reception facilities for other residues and oily mixtures from all ships. Such facilities shall have adequate capacity to meet the needs of the ships using them without causing undue delay.

  6 Small Island Developing States may satisfy the requirements in paragraph 5 of this regulation through regional arrangements when, because of those States' unique circumstances, such arrangements are the only practical means to satisfy these requirements. Parties participating in a regional arrangement shall develop a Regional Reception Facilities Plan, taking into account the guidelines developed by the Organization.

The Government of each Party participating in the arrangement shall consult with the Organization for circulation to the Parties of the present Convention:

  • .1 how the Regional Reception Facilities Plan takes into account the Guidelines;

  • .2 particulars of the identified Regional Ships Waste Reception Centres; and

  • .3 particulars of those ports with only limited facilities.

  7 The Government of each Party to the present Convention having under its jurisdiction entrances to seawater courses with low depth contour which might require a reduction of draught by the discharge of ballast shall ensure the provision of the facilities referred to in paragraph 5 of this regulation but with the proviso that ships required to discharge slops or dirty ballast could be subject to some delay.

  8 With regard to the Red Sea area, Gulfs area, Gulf of Aden area and Oman area of the Arabian Sea:

  • .1 Each Party concerned shall notify the Organization of the measures taken pursuant to provisions of paragraphs 5 and 7 of this regulation. Upon receipt of sufficient notifications the Organization shall establish a date from which the discharge requirements of regulations 15 and 34 of this Annex in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date.

  • .2 During the period between the entry into force of the present Convention and the date so established, ships while navigating in the special area shall comply with the requirements of regulations 15 and 34 of this Annex as regards discharges outside special areas.

  • .3 After such date oil tankers loading in ports in these special areas where such facilities are not yet available shall also fully comply with the requirements of regulations 15 and 34 of this Annex as regards discharges within special areas. However, oil tankers entering these special areas for the purpose of loading shall make every effort to enter the area with only clean ballast on board.

  • .4 After the date on which the requirements for the special area in question take effect, each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities are alleged to be inadequate.

  • .5 At least the reception facilities as prescribed in paragraphs 1, 2 and 3 of this regulation shall be provided one year after the date of entry into force of the present Convention.

  9 Notwithstanding paragraphs 5, 7 and 8 of this regulation, the following rules apply to the Antarctic area:

  • .1 The Government of each Party to the present Convention at whose ports ships depart en route to or arrive from the Antarctic area undertakes to ensure that as soon as practicable adequate facilities are provided for the reception of all oil residue (sludge), dirty ballast, tank washing water, and other oily residues and mixtures from all ships, without causing undue delay, and according to the needs of the ships using them.

  • .2 The Government of each Party to the present Convention shall ensure that all ships entitled to fly its flag, before entering the Antarctic area, are fitted with a tank or tanks of sufficient capacity on board for the retention of all oil residue (sludge), dirty ballast, tank washing water and other oily residues and mixtures while operating in the area and have concluded arrangements to discharge such oily residues at a reception facility after leaving the area.

C. General requirements

  10 Each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities provided under this regulation are alleged to be inadequate.

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