302 



ferred to in Regulation 4 of this Annex, the Contracting Governments involved 

 shall establish and agree on a provisional categorization on the basis of the 

 guidelines referred to in paragraph (1) of this Regulation and thus establish 

 conditions for the carriage of the substance. [Until full agreement between the 

 Governments involved has been reached, the substance shall be carried under 

 the most severe conditions proposed.] As soon as possible, but not later than 90 

 days after its first carriage, the Administration concernetl shall notify the Orga- 

 nization and provide details of the substance and the provisionally assigned 

 category for prompt circulation to all Contracting Governments for their infor- 

 mation and consideration." 



REGULATION 4 — OTHER LIQUID SUBSTANCES 



(1) The substances listed in Appendix III to this Annex have been evaluated 

 and found falling outside the Categories A, B. and C as defined in Regulation 

 3(1) of this Annex because they, when released into the sea from tank washing or 

 deballasting operations, are presently considered to present negligible or no 

 harm to human health or marine resources or amenities or other legitimate uses 

 of the sea. 



(2) The discharge of bilge or ballast water or other residues or mixtures con- 

 taining substances referred to in paragraph (1) above shall not be subject to any 

 requirements of this Annex.* 



REGULATION 5 — DISCHARGE OF NOXIOUS SUBSTANCES 



Subject to the provisions of Regulation 6 of this Annex, 



(1) The discharge into the sea of substances in Category A as defined in Regu- 

 lation 3(1) (a) of this Annex or those provisionally categorized as such or ballast 

 water, tank washings, or other residues or mixtures containing such substances, 

 shall be prohibited. If tanks containing such substances or mixtures are to be 

 washed, the resulting residues shall be discharged to a reception facility imtil 

 the concentration of the substance in the effluent to such facility is at or below 

 the residual concentration * prescribed for that substance in Appendix II to this 

 Annex and the tank is as empty as practicable. Provided that the residue then 

 remaining in the tank is subsequently diluted by the addition of a volume of water 

 of not less than [5]% of the total volume of the tank, it may be discharged to 

 the sea when all the following conditions are also satisfied : ^ 



(a) the ship is proceeding en route at a speed of at least 7 knots [4 knots 

 for barges] ; 



(b) the procedures and arrangements for discharge shall be such as to assure 

 the Administration " ^ on the basis of reliable calculation, that the concentra- 

 tion of the substance shall be adequately further diluted when it reaches the 

 wake immediately astern of the ship ; 



(c) discharge is made below the waterline, taking into account the location 

 of the sea water intakes ; and 



(d) the discharge is made at a distance of not le.ss than [12] nautical miles 

 from the nearest land in a depth of water of not less than [25] metres. 



(2) The discharge into the sea of substances in Category B. as defined in 

 Regulation 3(1) (b) of this Annex or those provisionally categorized as such 

 as ballast water, tank wa.shings. or other residues or mixtures containing such 

 substances shall be prohibited. However, such mixtures may be discharged when 

 the following conditions are all satisfied ** : 



-This parajrraph should be reviewed in the lic:ht of Article 17(3) (c). 



3 One delesation expressed the view that tliis parajrrapii should be reviewed to ensure 

 that it is compatible wltli the Ocean Dnrnpinj; Convention. 



* Concentrations of 0.01% by weight for hioaccunuiiatlve substances and 0.1% by weight 

 for other substances are to l>e specified in Appendix II. 



'' Some delegations sujrgested the insertion of the followlnp; words at the bepinnlnp of 

 this sentence : "Witliout prejudice to more stringent regulations wliicli a coastal State 

 may make [within the limits of national jurisdiction/in respect of areas under Its juris- 

 diction/in respect of waters under its iurisdlctioii].'' 



"Some delegations felt that the Contracting Government of a receiving State should 

 be substituted for the Administration. 



" See draft Resolution 4. 



8 See footnote 5. 



