LegalizeDecreto n.º 26/2018 — Aprova, para adesão, a Convenção Internacional relativa ao Controlo dos Sistemas Antivegetativos Nocivos nos Navios…
Este é o ato tal como foi publicado. As alterações posteriores não estão incorporadas no texto: cada uma é um ato autónomo neste repositório e uma entrada no historial desta lei.
Aprova, para adesão, a Convenção Internacional relativa ao Controlo dos Sistemas Antivegetativos Nocivos nos Navios, adotada em Londres, em 5 de outubro de 2001
A summary of the available data on environmental or ecological exposure and any estimates of environmental concentrations developed through the application of mathematical models, using all available environmental fate parameters, preferably those which were determined experimentally, along with an identification or description of the modelling methodology;
An evaluation of the association between the anti-fouling system in question, the related adverse effects and the environmental concentrations, either observed or expected;
A qualitative statement of the level of uncertainty in the evaluation referred to in subparagraph (f);
A recommendation of specific control measures to reduce the risks associated with the anti-fouling system; and
A summary of the results of any available studies on the potential effects of the recommended control measures relating to air quality, shipyard conditions, international shipping and other relevant sectors, as well as the availability of suitable alternatives.
2 - A comprehensive proposal shall also include information on each of the following physical and chemical properties of the component(s) of concern, if applicable:
Melting point;
Boiling point;
Density (relative density);
Vapour pressure;
Water solubility/pH/dissociation constant (pKa);
Oxidation/reduction potential;
Molecular mass;
Molecular structure; and
Other physical and chemical properties identified in the initial proposal.
3 - For the purposes of paragraph (1)(b) above, the categories of data are:
Data on environmental fate and effect:
Modes of degradation/dissipation (e.g., hydrolysis/photodegradation/ biodegradation);
Persistence in the relevant media (e.g., water column/sediments/biota);
Sediments/water partitioning;
Leaching rates of biocides or active ingredients;
Mass balance;
Bioaccumulation, partition coefficient, octanol/water coefficient; and
Any novel reactions on release or known interactive effects.
Data on any unintended effects in aquatic plants, invertebrates, fish, seabirds, marine mammals, endangered species, other biota, water quality, the seabed, or habitat of non-target organisms, including sensitive and representative organisms:
Acute toxicity;
Chronic toxicity;
Developmental and reproductive toxicity;
Endocrine disruption;
Sediment toxicity;
Bioavailability/biomagnification/bioconcentration;
Food web/population effects;
Observations of adverse effects in the field/fish kills/strandings/tissue analysis; and
Residues in seafood.
These data shall relate to one or more types of non-target organisms such as aquatic plants, invertebrates, fish, birds, mammals and endangered species.
Data on the potential for human health effects (including, but not limited to, consumption of affected seafood).
4 - A comprehensive proposal shall include a description of the methodologies used, as well as any relevant measures taken for quality assurance and any peer review conducted of the studies.
ANNEX 4
Surveys and certification requirements for anti-fouling systems
Regulation 1
Surveys
1 - Ships of 400 gross tonnage and above referred to in article 3(1)(a) engaged in international voyages, excluding fixed or floating platforms, FSUs, and FPSOs, shall be subject to surveys specified below:
An initial survey before the ship is put into service or before the International Antifouling System Certificate (Certificate) required under regulation 2 or 3 is issued for the first time; and
A survey when the anti-fouling systems are changed or replaced. Such surveys shall be endorsed on the Certificate issued under regulation 2 or 3.
2 - The survey shall be such as to ensure that the ship's anti-fouling system fully complies with this Convention.
3 - The Administration shall establish appropriate measures for ships that are not subject to the provisions of paragraph (1) of this regulation in order to ensure that this Convention is complied with.
4 - a) As regards the enforcement of this Convention, surveys of ships shall be carried out by officers duly authorized by the Administration or as provided in regulation 3(1), taking into account guidelines for surveys developed by the Organization (*). Alternatively, the Administration may entrust surveys required by this Convention either to surveyors nominated for that purpose or to organizations recognized by it.
An Administration nominating surveyors or recognizing organizations (**) to conduct surveys shall, as a minimum, empower any nominated surveyor or recognized organization to:
Require a ship that it surveys to comply with the provisions of Annex 1; and
ii) Carry out surveys if requested by the appropriate authorities of a port State that is a Party to this Convention.
When the Administration, a nominated surveyor, or a recognized organization determines that the ship's anti-fouling system does not conform either to the particulars of a Certificate required under regulation 2 or 3, or to the requirements of this Convention, such Administration, surveyor or organization shall immediately ensure that corrective action is taken to bring the ship into compliance. A surveyor or organization shall also in due course notify the Administration of any such determination. If the required corrective action is not taken, the Administration shall be notified forthwith and it shall ensure that the Certificate is not issued or is withdrawn as appropriate.
In the situation described in subparagraph (c), if the ship is in the port of another Party, the appropriate authorities of the port State shall be notified forthwith. When the Administration, a nominated surveyor, or a recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such Administration, surveyor, or organization any necessary assistance to carry out their obligations under this regulation, including any action described in article 11 or 12.
Regulation 2
Issue or endorsement of an International Anti-fouling System Certificate
1 - The Administration shall require that a ship to which regulation 1 applies is issued with a Certificate after successful completion of a survey in accordance with regulation 1. A Certificate issued under the authority of a Party shall be accepted by the other Parties and regarded for all purposes covered by this Convention as having the same validity as a Certificate issued by them.
2 - Certificates shall be issued or endorsed either by the Administration or by any person or organization duly authorized by it. In every case, the Administration assumes full responsibility for the Certificate.
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 (2) and (3) 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.
4 - The Certificate shall be drawn up in the form corresponding to the model given in appendix 1 to this Annex and shall be written at least in English, French, or Spanish. If an official language of the issuing State is also used this shall prevail in the case of the dispute or discrepancy.
Regulation 3
Issue or endorsement of an International Anti-fouling System Certificate by another Party
1 - At the request of the Administration, another Party may cause a ship to be surveyed and, if satisfied that this Convention has been complied with, it shall issue or authorize the issue of a Certificate to the ship and, where appropriate, endorse or authorize the endorsement of that Certificate for the ship, in accordance with this Convention.
2 - A copy of the Certificate and a copy of the survey report shall be transmitted as soon as possible to the requesting Administration.
3 - A Certificate so issued shall contain a statement that it has been issued at the request of the Administration referred to in paragraph (1) and it shall have the same force and receive the same recognition as a Certificate issued by the Administration.
4 - No Certificate shall be issued to a ship which is entitled to fly the flag of a State which is not a Party.
Regulation 4
Validity of an International Anti-fouling System Certificate
1 - A Certificate issued under regulation 2 or 3 shall cease to be valid in either of the following cases:
If the anti-fouling system is changed or replaced and the Certificate is not endorsed in accordance with this Convention; and
Upon transfer of the ship to the flag of another State. A new Certificate shall only be issued when the Party issuing the new Certificate is fully satisfied that the ship is in compliance with this Convention. In the case of a transfer between Parties, if requested within three months after the transfer has taken place, the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration a copy of the Certificates carried by the ship before the transfer and, if available, a copy of the relevant survey reports.
2 - The issue by a Party of a new Certificate to a ship transferred from another Party may be based on a new survey or on a valid Certificate issued by the previous Party whose flag the ship was entitled to fly.
Regulation 5
Declaration on anti-fouling system
1 - The Administration shall require a ship of 24 meters or more in length, but less than 400 gross tonnage engaged in international voyages and to which article 3(1)(a) applies (excluding fixed or floating platforms, FSUs, and FPSOs) to carry a Declaration signed by the owner or owner's authorized agent. Such Declaration shall be accompanied by appropriate documentation (such as a paint receipt or a contractor invoice) or contain appropriate endorsement.
2 - The Declaration shall be drawn up in the form corresponding to the model given in appendix 2 to this Annex and shall be written at least in English, French, or Spanish. If an official language of the State whose flag the ship is entitled to fly is also used, this shall prevail in the case of a dispute or discrepancy.
(*) Guidelines to be developed.
(**) Refer to the guidelines adopted by the Organization by resolution A.739(18), as may be amended by the Organization, and the specifications adopted by the Organization by resolution A.789(19), as may be amended by the Organization.
APPENDIX 1 TO ANNEX 4
([ver documento original](https://files.diariodarepublica.pt/1s/2018/12/23900/0575805777.pdf))
APPENDIX 2 TO ANNEX 4
([ver documento original](https://files.diariodarepublica.pt/1s/2018/12/23900/0575805777.pdf))
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