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Annex III to the Protocol of 17 February 1978 relating to the
International Convention for the Prevention of Pollution from
Ships of 2 November 1973 (MARPOL 73/78), as amended on 30
October 1992

Done at London, 17 February 1978

Entered into force 1 July 1992

REGULATIONS FOR THE PREVENTION OF POLLUTION BY HARMFUL
SUBSTANCES CARRIED BY SEA IN PACKAGED FORM

Regulation 1

Application

1 Unless expressly provided otherwise, the regulations of this
Annex apply to all ships carrying harmful substances in packaged
form.

1.1 For the purposes of this Annex, "harmful substances" are
those substances which are identified as marine pollutants in
the International Maritime Dangerous Goods (IMDG) Code.

1.2 Guidelines for the identification of harmful substances in
packaged form are given in the appendix to this Annex.

1.3 For the purposes of this Annex, "packaged form" is defined
as the forms of containment specified for harmful substances in
the IMDG Code.

2 The carriage of harmful substances is prohibited, except in
accordance with the provisions of this Annex.

3 To supplement the provisions of this Annex, the Government of
each Party to the Convention shall issue, or cause to be issued,
detailed requirements on packing, marking, labelling,
documentation, stowage, quantity limitations and exceptions for
preventing or minimizing pollution of the marine environment by
harmful substances.2

4 For the purposes of this Annex, empty packagings which have
been used previously for the carriage of harmful substances
shall themselves be treated as harmful substances unless
adequate precautions have been taken to ensure that they contain
no residue that is harmful to the marine environment.

5 The requirements of this Annex do not apply to ships' stores
and equipment.

Regulation 2

Packing

Packages shall be adequate to minimize the hazard to the marine
environment, having regard to their specific contents.

Regulation 3

Marking and labelling

1 Packages containing a harmful substance shall be durably
marked with the correct technical name (trade names alone shall
not be used) and, further, shall be durably marked or labelled
to indicate that the substance is a marine pollutant. Such
identification shall be supplemented where possible by any other
means, for example, by use of the relevant United Nations
number.

2 The method of marking the correct technical name and of
affixing labels on packages containing a harmful substance shall
be such that this information will still be identifiable on
packages surviving at least three months' immersion in the sea.
In considering suitable marking and labelling, account shall be
taken of the durability of the materials used and of the surface
of the package.

3 Packages containing small quantities of harmful substances may
be exempted from the marking requirements.

Regulation 4

Documentation

1 In all documents relating to the carriage of harmful
substances by sea where such substances are named, the correct
technical name of each such substance shall be used (trade names
alone shall not be used) and the substance further identified by
the addition of the words "MARINE POLLUTANT".

2 The shipping documents supplied by the shipper shall include,
or be accompanied by, a signed certificate or declaration that
the shipment offered for carriage is properly packaged and
marked, labelled or placarded as appropriate and in proper
condition for carriage to minimize the hazard to the marine
environment.

3 Each ship carrying harmful substances shall have a special
list or manifest setting forth the harmful substances on board
and the location thereof. A detailed stowage plan which sets out
the location of the harmful substances on board may be used in
place of such special list or manifest.

Copies of such documents shall also be retained on shore by the
owner of the ship or his representative until the harmful
substances are unloaded. A copy of one of these documents shall
be made available before departure to the person or organization
designated by the port State authority.

4 When the ship carries a special list or manifest or a detailed
stowage plan, required for the carriage of dangerous goods by
the International Convention for the Safety of Life at Sea,
1974, as amended, the documents required by this regulation may
be combined with those for dangerous goods. Where documents are
combined, a clear distinction shall be made between dangerous
goods and harmful substances covered by this Annex.

Regulation 5

Stowage

Harmful substances shall be properly stowed and secured so as to
minimize the hazards to the marine environment without impairing
the safety of the ship and persons on board.

Regulation 6

Quantity limitations

Certain harmful substances may, for sound scientific and
technical reasons, need to be prohibited for carriage or be
limited as to the quantity which may be carried aboard any one
ship. In limiting the quantity, due consideration shall be given
to size, construction and equipment of the ship, as well as the
packaging and the inherent nature of the substances.

Regulation 7

Exceptions

1 Jettisoning of harmful substances carried in packaged form
shall be prohibited, except where necessary for the purpose of
securing the safety of the ship or saving life at sea.

2 Subject to the provisions of the present Convention,
appropriate measures based on the physical, chemical and
biological properties of harmful substances shall be taken to
regulate the washing of leakages overboard, provided that
compliance with such measures would not impair the safety of the
ship and persons on board.

Appendix

GUIDELINES FOR THE IDENTIFICATION OF HARMFUL SUBSTANCES IN
PACKAGED FORM

For the purposes of this Annex, substances identified by any one
of the following criteria are harmful substances:

- bioaccumulated to a significant extent and known to produce a
hazard to aquatic life or to human health (Hazard Rating "+" in
column A); or

- bioaccumulated with attendant risk to aquatic organisms or to
human health with a short retention of the order of one week or
less (Hazard Rating "Z" in column A6); or

- liable to produce tainting of seafood (Hazard Rating "T" in
column A6); or

- highly toxic to aquatic life, defined by a LC50/96 hour less
than 1 ppm (Hazard Rating "4" in column B6).