No. 19 of 2022 - PREVENTION OF POLLUTION OF THE SEA (HARMFUL ANTI-FOULING SYSTEMS) (AMENDMENT) REGULATIONS 2022

MARITIME AND PORT AUTHORITY OF SINGAPORE

SHIPPING CIRCULAR

NO. 19 OF 2022

MPA Shipping Division

460 Alexandra Road

21st Storey mTower

Singapore 119963

Fax: 6375 6231

http://www.mpa.gov.sg

31 December 2022

Applicable to: Shipowners, ship managers, operators, masters, crew members,

recognised organisations, surveyors and the shipping community

PREVENTION OF POLLUTION OF THE SEA (HARMFUL ANTI-FOULING

SYSTEMS) (AMENDMENT) REGULATIONS 2022

1. This circular informs the Shipping Community on the above-mentioned

amendments to the Prevention of Pollution of the Sea (Harmful Anti-Fouling

Systems) Regulations which will come into force on 01 January 2023.

1. The Marine Environment Protection Committee (MEPC) of the International

Maritime Organization (IMO) had adopted amendments to the International

Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001 (the

AFS Convention) at its seventy sixth sessions through Resolution MEPC.331(76).

The amendments to the Prevention of Pollution of the Sea (Harmful Anti-Fouling

Systems) Regulations give effect to this resolution.

1. Resolution MEPC.331(76) adopts amendments to the AFS Convention to

introduce controls on Cybutryne as biocides in anti-fouling paints/coatings. The

amendments to the Convention will enter into force on 01 January 2023.

1. Copies of the Prevention of Pollution of the Sea (Harmful Anti-Fouling

Systems) (Amendment) Regulations 2022 (Government Gazette No. 1022/2022)

can be purchased at:

Toppan Leefung Pte Ltd

Legal Publication

Great World City

East Tower, #18-01/06

1, Kim Seng Promenade

Singapore 237994

Tel: 6826 9691

Fax: 6820 3341

Email: legalpub@toppanleefung.com

Website: https://www2.toppanleefung.com/webshop

Mon – Fri: 9:30am – 6:00pm

1. The shipping community may also be able to access the legislations online

at: Prevention of Pollution of the Sea (Harmful Anti-Fouling Systems) Regulations.

1. Any queries relating to this circular should be emailed to

shipping@mpa.gov.sg.

1. Do subscribe to our Telegram channel – t.me/MPASingapore to receive the

latest updates.

CHEAH AUN AUN

DIRECTOR OF MARINE

MARITIME AND PORT AUTHORITY OF SINGAPORE

MEPC 76/15/Add.2

Annex 4, page 1

ANNEX 4

RESOLUTIONMEPC.331(76)

(adopted on 17 June 2021

AMENDMENTS TO THE INTERNATIONAL CONVENTION ON THE

CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON SHIPS, 2001

Amendments to Annexes 1 and 4

(Controls on cybutryne and form of the International Anti-fouling System Certificate)

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

RECALLING Article 38(a) of the Convention on the International Maritime Organization

concerning the functions of the Marine Environment Protection Committee conferred upon it

by international conventions for the prevention and control of marine pollution from ships,

RECALLING ALSO article 16 of the International Convention on the Control of Harmful

Anti-fouling Systems on Ships, 2001 (the AFS Convention), which specifies the amendment

procedure and confers upon the Marine Environment Protection Committee of the

Organization the function of considering amendments thereto for adoption by the Parties,

HAVING CONSIDERED, at its seventy-sixth session, proposed amendments to the

AFS Convention regarding controls on cybutryne and the form of the International Anti-fouling

System Certificate,

1 ADOPTS, in accordancewith article 16(2)(c) of the AFS Convention, amendments to

Annexes 1 and 4,the text of which is set out in the annex to the present resolution;

2 DETERMINES, in accordance with article 16(2)(e)(ii) of the AFS Convention, that the

amendments shall be deemed to have been accepted on 1 July 2022 unless prior to that date

more than one third of the Parties have notified the Secretary-General that they object to the

amendments;

3 INVITES the Parties to note that, in accordance with articles 16(2)(f)(ii) and(iii) of the

AFS Convention, the said amendments shall enter into force on 1 January 2023 upon their

acceptance in accordance with paragraph 2 above;

4 INVITES ALSO the Parties to remind ships that fly their flag and that are confirmed to

be affected by the amendments to Annex 1 to the AFS Convention adopted through the present

resolution to make a timely request for a survey for the issuance of an International Anti-fouling

System Certificate, in the amended model form adopted through the present resolution, using

the procedure outlined in paragraphs 4 and 5.3 of the annex to resolution MEPC.195(61), as

may be amended by the Organization, so that ships have a valid International Anti-fouling

System Certificate on board not later than 24 months after the entry into force of the

amendments to Annex 1 to the AFS Convention adopted through the present resolution;

5 INVITES FURTHER the Parties to issue new International Anti-fouling System

Certificates, in the amended model form adopted through the present resolution, at the next

anti-fouling system application, in the case of ships that are confirmed not to be affected by

the amendments to Annex 1 to the AFS Convention adopted through the present resolution;

I:\MEPC\76\MEPC 76-15-Add.2.docx

MEPC 76/15/Add.2

Annex 4, page 2

6 REQUESTS the Secretary-General, for the purposes of article 16(2)(d) of the

AFS Convention, to transmit certified copies of the present resolution and the text of the

amendments contained in the annex to all Parties to the AFS Convention;

7 REQUESTS ALSO the Secretary-General to transmit copies of the present resolution

and its annex to Members of the Organization which are not Parties to the AFS Convention;

8 REQUESTS FURTHER the Secretary-General to prepare a consolidated certified text

of the AFS Convention.

I:\MEPC\76\MEPC 76-15-Add.2.docx

MEPC 76/15/Add.2

Annex 4, page 3

ANNEX

AMENDMENTS TO THE INTERNATIONAL CONVENTION ON THE

CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON SHIPS, 2001

Annex 1

Controls on anti-fouling systems

1 The following rows are added to the table in Annex 1 to the 2001 AFS Convention:

"

Anti-fouling system Control Application Effective date

measures

Cybutryne Ships shall not All ships 1 January 2023

CAS No. 28159-98-0 apply or re-apply

anti-fouling

systems

containing this

substance

Cybutryne Ships bearing an All ships except: At the next

CAS No. 28159-98-0 anti-fouling (1) fixed and scheduled

system that floating renewal of the

contains this platforms, FSUs, anti-fouling

substance in the and FPSOs that system after 1

external coating have been January 2023,

layer of their constructed prior but no later than

hulls or external to 1 January 60 months

parts or surfaces 2023 and that following the last

on 1 January have not been in application to the

2023 shall either: dry-dock on or ship of an

(1) remove the after 1 January anti-fouling

anti-fouling 2023; system

system; or (2) ships not containing

(2) apply a engaged in cybutryne

coating that international

forms a barrier to voyages; and

this substance (3) ships of less

leaching from the than 400 gross

underlying tonnage

non-compliant engaged in

anti-fouling international

system voyages, if

accepted by the

coastal State(s)

"

I:\MEPC\76\MEPC 76-15-Add.2.docx

MEPC 76/15/Add.2

Annex 4, page 4

Annex 4

Surveys and certification requirements for anti-fouling systems

2 Regulation 2(3) is replaced by the following:

"(3) For ships bearing an anti-fouling system controlled under Annex 1 that was

applied before the date of entry into force of a control for such a system, the

Administration shall issue a Certificate in accordance with paragraphs (1) and (2) of

this regulation not later than two years after entry into force of that control.

This paragraph shall not affect any requirement for ships to comply with Annex 1."

Appendix 1 to Annex 4

Model form of International Anti-fouling System Certificate

3 The section of the model form of the International Anti-fouling System Certificate

(appendix 1) listing the compliance options for controlled anti-fouling systems on the ship is

replaced by the following:

"An anti-fouling system controlled under Annex 1 containing:

Has not been Has been Has been Has been Was applied on

applied applied on applied on this applied on this this ship prior

during or this ship ship previously, ship previously, to

after previously, but has been but is not in the

construction but has been covered with a external coating

of this ship removed by sealer coat layer of the hull

applied by or external parts

or surfaces on

…………… …………………

(insert name of the (insert name of the

Organotin

facility) facility) Not applicable Not applicable

compound on on

s which act …………… …………….

as biocides

(dd/mm/yyyy) (dd/mm/yyyy)

1 January 2023,

…………… ………………… but must be

removed or

(insert name of the (insert name of the

facility) facility) covered with a

on on 1 January 2023 sealer coat

Cybutryne

…………… ……………. prior to

(dd/mm/yyyy) (dd/mm/yyyy) ……………….

(dd/mm/yyyy)

"

***

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