Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers

This Regulation aims to promote the use of environmentally friendly oil tankers in transport operations to, from or within the Community by implementing International Maritime Organisation (IMO) Resolution A.747(18) on the tonnage measurement of ballast spaces in segregated ballast oil tankers.

ACT

Council Regulation (EC) No 2978/94 of 21 November 1994 on the implementation of IMO Resolution A.747(18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers [Official Journal L 319 of 12.12.1994].

SUMMARY

The aim of the Regulation is to encourage the use of oil tankers fitted with segregated ballast capacity by requiring the Community's port and pilotage authorities either to apply the recommendations of Resolution A.747(18) or to permit a system of rebates on dues, such as that provided for in the said Resolution.

The Resolution invites governments to advise port authorities to apply to all tankers with segregated ballast tanks the recommendation of deducting the segregated ballast tank tonnage from the gross tonnage wherever their dues are based on the latter, and to advise pilotage authorities to act in accordance with the same recommendation.

The Regulation applies to oil tankers:

• equipped with tanks especially designed to carry segregated ballast;
• designed, built, adapted, equipped and operated as segregated ballast oil tankers, including double hull tankers of an alternative design;
• meeting the requirements of the 1969 International Convention on Tonnage Measurement of Ships;
• holding the International Tonnage Certificate (1969).

The Regulation requires the body issuing the International Tonnage Certificate (1969) to specify both the tonnage of the segregated ballast tanks of the vessel concerned - as calculated in accordance with the method set out in Annex I to the Regulation - and the reduced gross tonnage of the vessel.

Where port authorities base the dues payable by an oil tanker on its gross tonnage, they must, in accordance with the provisions of Resolution A.747(18), deduct the tonnage of the segregated ballast tanks from the vessel's gross tonnage so that their calculations are based on the resulting reduced gross tonnage. Dues thus calculated must be at least 17% lower than those for an oil tanker of the same gross tonnage but without segregated ballast tanks.

Alternatively, the said authorities may assess dues on a basis other than that of gross tonnage as long as the dues are no less favourable than they would have been if calculated by the above method.

The Regulation establishes an advisory committee comprised of Member State representatives and chaired by a Commission representative.

Regulation (EC) No 417/2002

This Regulation generalises the ban on single hull oil tankers, introducing a schedule for their gradual withdrawal in line with the new international arrangements introduced by the Marpol 73/78 Convention (International Convention for the Prevention of Pollution from Ships). The new deadlines are:

- 2007 for Category 1 oil tankers delivered in 1981 or later;

- 2015 for Category 2 and 3 oil tankers delivered in 1989 or later.

The Regulation applies to oil tankers of 5 000 tonnes deadweight and above which fly the flag of a Member State or which, irrespective of their flag, enter into a port or offshore terminal under the jurisdiction of a Member State.

It does not apply to ships not used for commercial purposes, such as warships and naval auxiliaries.

RELATED ACTS

Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships [Official Journal L 324 of 29.11.2002].

Last updated: 04.06.2007