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HELCOM RECOMMENDATION 6/9

adopted 13 March 1985, having regard to Article 24 of the Helsinki Convention

RECOMMENDATION CONCERNING AMENDMENTS TO REGULATION 5 OF ANNEX IV AND APPENDIX V OF ANNEX IV OF THE HELSINKI CONVENTION

THE COMMISSION,

 

NOTING that, pursuant to an amendment adopted by the Commission at its fifth meeting, Regulation 5 of Annex IV of the Helsinki Convention will apply from 1 January 1986,

 

NOTING FURTHER that the form of the Cargo Record Book contained in Appendix V to Annex IV of the Helsinki Convention is identical to that contained in Annex II of MARPOL 73/78,

 

NOTING ALSO that the form of the Cargo Record Book contained in Annex II of MARPOL 73/78 is presently under revision by IMO,

 

RECALLING that the provisions of Annex II of MARPOL 73/78 will be applied later than those of Regulation 5 of Annex IV of the Helsinki Convention,

 

RECALLING FURTHER that MEPC 21 in April 1985 will approve a draft form of Cargo Record Book,

 

RECALLING ALSO the amendment procedure for the Annexes to the Helsinki Convention, as contained in Article 24 of the Convention,

 

BEING MINDFUL that the form of the Cargo Record Book to be used by the Baltic Sea Countries in the interim period between the entry into force of Regulation 5 of Annex IV of the Helsinki Convention and the application of Annex II of MARPOL 73/78 should incorporate the latest developments within IMO,

 

RESOLVES:

 

a)       to adopt the amendments to Paragraph G of Regulation 5 of Annex IV and Appendix V of Annex IV of the Convention appearing in the Annex to this Recommendation;

b)   to ask the Depository Government to communicate the amendments to the Contracting Parties with the Commission's recommendation for acceptance;

c)   to determine that the amendments shall be deemed to have been accepted, unless prior to 1 July 1985, any one of the Contracting Parties has objected to the amendment; and

d)   to determine that the accepted amendments shall enter into force on 1 January 1986,

 

RESOLVES FURTHER that the draft form of the Cargo Record Book approved by MEPC 21 and submitted by the Secretariat to the Contracting Parties of the Helsinki Convention shall be used by chemical tankers flying the flags of the Baltic Sea Countries for the purpose of Regulation 5 of Annex IV of the Helsinki Convention.

 

Annex

1.   Sub-Paragraph 1 of Paragraph G of Regulation 5 of Annex IV of the Helsinki Convention is amended to read as follows

Every ship to which this Regulation applies shall be provided with a Cargo Record Book, whether as part of the ship's official log book or otherwise, in the form recommended by the Commission."

 

2.   Sub-Paragraph 2 of Paragraph G of Regulation 5 of Annex IV of the Helsinki Convention is amended to read as follows:

"2.     The Cargo Record Book shall be completed, on a tank­to-tank basis, whenever any of the following operations with respect to a noxious liquid substance takes place in the ship:

    (i)    Loading of cargo (substances of Category A, B, C and D);

    (ii)   internal transfer of cargo; (iii) unloading of cargo;

    (iv)  cleaning of cargo tanks;

    (v)   ballasting of cargo tanks;

    (vi)  discharge of ballast from cargo tanks; (vii) disposal of residues;

    (viii) discharge into the sea in accordance with Paragraph D of this Regulation."

 

3.   Sub-Paragraph 6 of Paragraph G of Regulation 5 of Annex IV of the Helsinki Convention is amended to read as follows

"6.     The Cargo Record Book shall be kept in such a place as to be readily available for inspection, and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be retained for a period of three years after the last entry has been made."

 

4.   Appendix V of Annex IV of the Helsinki Convention is deleted.