Shipping Inspectorate (Marine & Fishery)

Shipping Inspectorate (Marine & Fishery)

Expertise & Reporting

Mr. P.Th.Gelton, Director Netherlands Shipping Inspector

P.O. Box 8634

AP Rotterdam

Netherlands

22 December 2006

Our Ref.: HS-12252/1000322

MARPOL Annex II – 3000m3 Cargo restrictions

For the attention of Mr.Gelton,

Dear Sir,

As you will be aware after the re-evaluation process of the various products found in today’s chapter 17 and 18 of the IBC code vegetable oils ended up in chapter 17, requiring carriage on an IMO Ship Type 2 chemical tanker. However, following careful deliberations within IMO, it was noted that the developments and revisions of MARPOL Annex II might have lead to a possible shortage in tonnage for ships carrying vegetable oils. After much debate a compromise was reached allowing the carriage of footnote “k” vegetable oil on IMO Ship Type 3 chemical tankers, through the development of regulation 4.1.3. An administration may exempt ships from the carriage requirements under regulation 11 for individually identified vegetable oils (identified by the relevant footnote “k” in chapter 17 of the revised IBC code), provided that the ship complies with all requirements for an IMO Ship Type 3 as identified by the IBC code, except for cargo tank location which should be as outlined in the exemption regulation 4.1.3.

For IMO Ship Type 2 chemical tankers, there is a cargo filling restriction of 3000m3 for cargo tanks carrying ship type 2 products, although many of these ships’ cargo tanks exceed 3000m3 by volume.

With regards to an IMO Ship Type 3 there is no restriction regarding the quantity of cargo that may be loaded in any one cargo tank, thus by default helping and assisting in eliminating any possible shortage in tonnage availability when these ships carry footnote “k” vegetable oil cargoes under the exemption.

As a lot of the cargo tanks on an IMO Ship Type 3 exceed 3000m3, we believe the arguments given and accepted at the time for the cargo quantity exemption were sound. If the carriage volumes within these ships’ cargo tanks were limited to 3000m3 it would;

• reduce the stability of the vessel by virtue of the slack tanks and increased free surface effect
• stripping limitations would be difficult to achieve by virtue of cargo sloshing en-route, (as the cargoes are heated this would result in “cold” clingage on the upper cargo tank bulkheads
• adequate curing of the cargo tank coatings would not be possible for the same reason outlined above.

We believe you will be aware that in addition to administrations granting the exemption described under 4.1.3 for IMO Ship Type 3 vessels, certain administrations have also been granting exemptions for IMO Ship Type 2 vessels to exceed the 3000m3 filling restriction for cargo tanks that are larger than 3000m3, based upon the same sound safety and operational arguments outlined above for IMO Ship Type 3 vessels.

Of particular concern to INTERTANKO and our members is that whilst some administrations are granting 3000m3 filling restriction exemptions for IMO Ship Type 2 chemical tankers as described above, we understand that certain Port states are also advising they will detain any IMO Ship Type 2 chemical tanker entering their waters with more than 3000m3 of vegetable oils in any one cargo tank loaded after 1st January 2007 even if the ship’s own administration allows this.

As a result of this, we have members with IMO Ship Type 2 chemical tankers who are downgrading their ships from a Ship Type 2 to a Ship Type 3, in order to ensure that they may operate their ships in a safe and efficient manner.

We are sure you will agree that such downgrading of these ships is not the intent of the revisions but to ensure the best safety for the vessel and crew this is proving to be an effective option due to the apparent threat of detention if the ships remain as IMO Ship Type 2 and exceeds the 3000m3 limitation.

As you will be aware IACS have submitted a paper to the IMO (BLG11) requesting clarification regarding the uniformity for certification of tankers carrying products to which footnote (k) in column e in Chapter 17 of the amended IBC Code applies. However, this will not be discussed by IMO until BLG meets in April 2007.

Our reason for writing to you is officially to seek the intentions of Holland with regards to any IMO Ship Type 2 vessel entering your waters exceeding 3000m3 in any one cargo tank loaded with footnote “k” vegetable oils, even if the vessel is granted an exemption by its administration. Will the vessel be detained?

We look forward to hearing from you as we wish to keep our members fully advised, if there is any aspect of our letter you wish to discuss further please do not hesitate to contact us further.

Yours sincerely

Captain Howard Snaith

Director Marine, Ports, Terminals, Chemical & Environmental section

Enclosure: INTERTANKO Background Information

INTERTANKO Background Information

As you may be aware INTERTANKO is “the” oil and chemical tanker owners’ organization. Membership is open to independent tanker owners and operators of oil and chemical tankers, (i.e. non-oil companies), who fulfill the Association's membership criteria.As ofJanuary 2006, the organisation has 250 members, whose combined fleet comprises more than 2,500 tankers totaling 210 million Dwt, which is over 75% of the world's independent tanker fleet. INTERTANKO's associate membership stands atsome 300 companies with an interest in shipping of oil and chemicals; we also represent over 80% of the worlds chemical tanker owners. INTERTANKO is a forum where the industry meets, policies are discussed and statements are created. It is a valuable source of first-hand information, opinions and guidance. We provide leadership to the tanker industry in serving the world with the safe, environmentally sound and efficient seaborne transportation of oil, gas and chemical products.

INTERTANKO has a vision for the tanker industry to be a responsible, sustainable and respected Tanker Industry, committed to continuous improvement and constructively influencing its future.

The goals of our members are to:

1. Be the representative forum of choice for all quality tanker owners and managers.

2. Enhance public and political awareness of the importance and positive performance of the tanker industry.

3.Promote balanced terms of trade and a competitive, transparent and sustainable tanker industry.

4. Lead the development, acceptance and implementation of uniform, worldwide international tanker standards

5.Lead in establishing and maintaining partnerships, cooperation and open and constructive dialogue with the relevant maritime authorities, organizations, associations and special interest groups.

To this end INTERTANKO members will:

6.Lead the continuous improvement of the Tanker Industry’s performance in striving to achieve the goals of:

· Zero fatalities

· Zero pollution

· Zero detentions

7.Deliver the highest quality services to meet the expectations of their stakeholders.

8.Promote the availability and utilization of personnel with the highest quality marine skills and competencies