Artikel 38

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 adequate 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.
.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.
.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.
3bis. 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.
.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
4. The following 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: .1 small island developing States; and
.2 States the coastline of which borders on Arctic waters, provided that regional arrangements shall cover only ports within Arctic waters of those States. 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 on: .1 how the Regional Reception Facilities Plan takes into account the guidelines developed by the Organization;
.2 particulars of the identified Regional Ships Waste Reception Centres taking into account the guidelines developed by the Organization; and
.3 particulars of those ports with only limited facilities.
.1 small island developing States; and
.2 States the coastline of which borders on Arctic waters, provided that regional arrangements shall cover only ports within Arctic waters of those States.
.1 how the Regional Reception Facilities Plan takes into account the guidelines developed by the Organization;
.2 particulars of the identified Regional Ships Waste Reception Centres taking into account the guidelines developed by the Organization; and
.3 particulars of those ports with only limited facilities.
4bis. Small Island Developing States may satisfy the requirements in paragraph 4 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.
.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.
5. 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 4 of this regulation but with the proviso that ships required to discharge slops or dirty ballast could be subject to some delay.
6. The following 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: .1 small island developing States; and
.2 States the coastline of which borders on Arctic waters, provided that regional arrangements shall cover only ports within Arctic waters of those States. 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 on: .1 how the Regional Reception Facilities Plan takes into account the guidelines developed by the Organization;
.2 particulars of the identified Regional Ships Waste Reception Centres taking into account the guidelines developed by the Organization; and
.3 particulars of those ports with only limited facilities.
.1 small island developing States; and
.2 States the coastline of which borders on Arctic waters, provided that regional arrangements shall cover only ports within Arctic waters of those States.
.1 how the Regional Reception Facilities Plan takes into account the guidelines developed by the Organization;
.2 particulars of the identified Regional Ships Waste Reception Centres taking into account the guidelines developed by the Organization; and
.3 particulars of those ports with only limited facilities.
7. Notwithstanding paragraphs 4, 5 and 6 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 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.
.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 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
8. 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.