1 For the purpose of
the regulations of this Annex, Noxious Liquid Substances shall be
divided into four categories as follows:
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.1 Category X: Noxious Liquid Substances which,
if discharged into the sea from tank cleaning or deballasting operations,
are deemed to present a major hazard to either marine resources or
human health and, therefore, justify the prohibition of the discharge
into the marine environment;
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.2 Category Y: Noxious Liquid Substances which,
if discharged into the sea from tank cleaning or deballasting operations,
are deemed to present a hazard to either marine resources or human
health or cause harm to amenities or other legitimate uses of the
sea and therefore justify a limitation on the quality and quantity
of the discharge into the marine environment;
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.3 Category Z: Noxious Liquid Substances which,
if discharged into the sea from tank cleaning or deballasting operations,
are deemed to present a minor hazard to either marine resources or
human health and therefore justify less stringent restrictions on
the quality and quantity of the discharge into the marine environment;
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.4 Other Substances: substances indicated as OS
(Other Substances) in the pollution category column of chapter 18 of the International Bulk Chemical
Code which have been evaluated and found to fall outside Category
X, Y or Z as defined in regulation
6.1 of this Annex because they are, at present, considered
to present no harm to marine resources, human health, amenities or
other legitimate uses of the sea when discharged into the sea from
tank cleaning of deballasting operations. The discharge of bilge or
ballast water or other residues or mixtures containing only substances
referred to as “Other Substances” shall not be subject
to any requirements of the Annex.
2 Guidelines for use
in the categorization of Noxious Liquid Substances are given in appendix 1 to this Annex.
3 Where it is proposed
to carry a liquid substance in bulk which has not been categorized
under paragraph 1 of this regulation, the Governments of Parties to
the Convention involved in the proposed operation shall establish
and agree on a provisional assessment for the proposed operation on
the basis of the guidelines referred to in paragraph 2 of this regulation.
Until full agreement among the Governments involved has been reached,
the substance shall not be carried. As soon as possible, but not later
than 30 days after the agreement has been reached, the Government
of the producing or shipping country, initiating the agreement concerned,
shall notify the Organization and provide details of the substance
and the provisional assessment for annual circulation to all Parties
for their information. The Organization shall maintain a register
of all such substances and their provisional assessment until such
time as the substances are formally included in the IBC
Code.