Summary

The updated and amended requirements for transport of chemicals in bulk take effect from 1 January 2021. The new requirements are retroactive and applicable for all ships and may have impact on existing offshore support vessels (OSVs) carrying chemicals in bulk.

The ship owners therefore need to consider the best approach for their OSVs to still be fit for their purpose. This circular gives detailed information on the Norwegian Maritime Authority’s (NMA) approach to handle the impact on existing OSVs.

It also highlights the challenges that may occur. Further, it gives guidance on measures to be considered by the shipowner and an illustration of the different options, see Annex V.   

Application and purpose

This guidance applies to existing offshore support vessels1 (OSVs) certified in accordance with IMO2 Res. A.673(16) 3, hereinafter referred to as “the Resolution”, to transport and handle limited amounts of hazardous and noxious liquid substance in bulk.

Circular RSV 09-2021 guides and informs the industry of possible consequences for existing OSVs as and when

  • new carriage requirements for Noxious Liquid Substances (NLS) enter into force on 1 January 2021, and
  • the OSV Chemical Code4, hereinafter referred to as “the Code”, is incorporated in Norwegian legislation.

The new carriage requirements for NLS and the Code introduce the following three main challenges:

  • NLS, which due to safety reasons are assigned new carriage requirements.
  • New requirements for the training of personnel involved in NLS bulk operations.
  • The carriage of chemicals in bulk on domestic voyages not covered by the Resolution.

Circular RSV 09-2021 also provides guidance on the technical requirements of the Code where, in the NMA’s opinion, there is a need for accepting alternative solutions relevant for most of the existing OSVs.

These are general guidelines. The scope and effect of the upcoming amendments will vary from one ship to the next.  Hence, these guidelines should not be understood to describe all or every aspect of the challenges facing the industry.

Table of Contents

Application and purpose

  • Regulations
  • Background
    • New carriage requirements
    • The Code
    • Carriage of chemicals not covered by the Resolution in bulk on domestic voyages to offshore installations
  • Guidance
    • New carriage requirements
    • New requirements for personnel training
    • Exemptions for carriage of chemicals not covered by the Resolution in bulk on domestic voyages
    • Transitional period
      •    Carriage of backloads on the Norwegian Continental Shelf
      • Carriage of chemicals not covered by the Resolution on the Norwegian Continental Shelf.
    • Measures to be considered by the shipowner
    • Accepting alternative solutions

Annex
Annex I – Carriage of products listed in Appendix I of the Resolution on existing OSVs
Annex II - Carriage of offshore contaminated bulk liquid on existing OSVs having a certificate issued under the provisions of the Resolution
Annex III – Chapter 16 of the Code – Backloading of contaminated bulk liquids and example of the analysis form

Annex IV – Guidance on the timing of replacement of OSVs existing Certificate of Fitness (CoF) by a revised CoF
Annex V – Illustration of different options

Regulations

The Environmental Safety Regulations5 and the Dangerous Goods Regulations6 apply when carrying NLS, including chemicals, in bulk. These regulations require ships to comply with MARPOL7 Annex II or SOLAS8 Chapter VII Part B, both of which make the IBC Code9 mandatory. As an alternative to the IBC Code, an OSV carrying limited amounts of hazardous and noxious liquid substances may comply with the appropriate IMO guideline.

The NMA has established appropriate measures by making the Resolution applicable to OSVs constructed prior to 1 January 2021 and the Code applicable to OSVs constructed on or after 1 January 202110 .

The scope of the Resolution is limited both when it comes to the quantity and the hazards of the substances carried. The carriage of chemicals with more severe hazards, such as toxicity, is not within the scope of the Resolution.

The scope of the Code is broader and has carriage requirements for all NLS, including dangerous chemicals. By implementing the Code in Norwegian legislation, OSVs which comply with the provisions of the Code may also carry the more hazardous cargoes in bulk.

The industry should note that existing OSVs which comply with the requirements of the Code, except for the stability provisions in chapter 2 of the Code, and subject to the satisfaction of the NMA, may carry more hazardous cargoes than what the Resolution permits.11

The carriage requirements for individual NLS are listed in Chapter 17 or 18 of the IBC Code and the latest edition of the MEPC.2/Circular (Provisional categorization of liquid substances in accordance with MARPOL Annex II and the IBC Code).

The carriage requirements apply to all ships carrying NLS, irrespective of whether a ship shall comply with the IBC Code, the Code or the Resolution.

Background

New carriage requirements

Compared to the current situation, amendments to the IBC Code12 which enter into force on 1 January 2021, generally impose stricter carriage requirements for NLS. The more stringent requirements mean that measures to prevent pollution are augmented with measures aimed at safeguarding life, health and material values.

Many of the products that today are assigned with pollution hazard (P) only will also be assigned with a safety hazard (S). Some of these will also be categorised as toxic products.

Through the different regulations in the Resolution, the amendments to the IBC Code apply to existing OSVs. That is to say that all OSVs shall comply with the new carriage requirements, as applicable, on or after 1 January 2021.

Many of the existing OSVs have been constructed in accordance with waivers involving the vessel’s arrangements that may be used in accordance with the Resolution.13

The condition for these waivers was that “pollution hazard only substances with a flash point exceeding 60°C” were permitted for carriage in a specific tank and the associated arrangements. Additionally, the Resolution does not allow for the carriage of toxic products.

Furthermore, carriage requirements for “offshore contaminated bulk liquid P” and “offshore contaminated bulk liquid S” are included in Chapter 17 of the IBC Code. These requirements apply to all OSVs that carry backload bulk liquids, cf. Chapter 16 of the Code.

Additionally, Norway has initiated a tripartite agreement with a third entry for offshore contaminated bulk liquid that has been treated to remove or prevent breakout of h3S14 , from now on called “offshore contaminated bulk liquid Treated”.

When OSVs provide transport services in other states than those included in the mentioned tripartite agreement, backloads which have been treated to remove or prevent breakouts of h3S, shall fulfil the carriage requirements for “offshore contaminated bulk liquid S”15 .

The Code

In 2011, the IMO recognised the need for a revision of the Resolution. The revision resulted in the Code for the transport of chemicals on OSVs. The Code considers the carriage of chemicals with broader and more severe hazards than what is the case today.

Carriage of chemicals not covered by the Resolution in bulk on domestic voyages to offshore installations

During the work with developing the Code in IMO, the NMA recognised an urgent need for exemptions from national regulations for carriage of toxic products and products assigned with ship type 2 in the IBC Code.

Therefore, awaiting the new international requirements, exemptions have been granted to OSVs that are designed in accordance with the Resolution on the condition that they comply with certain additional safety measures.

Guidance

New carriage requirements

The consequences due to the revised carriage requirements for existing OSVs will vary. However, ship owners which take no action will most likely face less capacity and flexibility of their ship due to:

  • Many of the NLS cargoes that are frequently carried on OSVs will be assigned with a safety hazard (S).
  • Some of the NLS cargoes will be assigned as toxic products, which implies that section 15.12 or parts of section 15.12 of the IBC Code shall be met.
  • New carriage requirements for “offshore contaminated bulk liquid”

Existing vessels certified in accordance with the Resolution may continue to carry the products which fall under the scope of the Resolution and for which the vessel complies with the new carriage requirements, as applicable.

The products listed in Appendix I of the Resolution may be carried as set out in Annex I of this RSV. Please note that some of the product’s names have changed. Offshore contaminated bulk liquid may be carried as set out in Annex II.

New requirements for personnel training

Irrespective of a ship’s date of construction, the NMA’s approach is that all personnel involved in NLS bulk cargo operations shall have the knowledge necessary to safely perform the required activities. Therefore, it should be expected that personnel on existing OSVs will have equal requirements for training as personnel on board an OSV certified to comply with the Code.

However, there are currently no specific provisions adopted under the auspices of the IMO for such training for the crew on an OSV. The training most relevant is directly referring to the training for the crew on a chemical tanker.

'Consequently, the NMA is yet to conclude on the level of training required and the application for such training to existing OSVs. However, the NMA is in a dialogue with the industry to establish more detailed guidelines for the prospective training. The result of this work will be presented on a later occasion.

Transitional provisions are likely to be established for all OSVs. Further, such relevant training requirements will enter into force after the Code is implemented in Norwegian legislation.

Exemptions for carriage of chemicals not covered by the Resolution in bulk on domestic voyages

By implementing the Code in Norwegian legislation, the special reasons on which applicable exemptions were based are no longer present. That means that when our acceptance expires, the existing OSVs engaged in the carriage of toxic products and ship type 2 products may only continue to carry these products if they are certified to comply with the requirements of the Code for such products.

Transitional period

The NMA recognises that time is constrained for the work needed to convert an existing OSV to comply with the requirements of the Code and the revised carriage requirements in the amendments to the IBC Code.

Hence, the NMA will accept a transitional period for OSVs on voyages on the Norwegian Continental Shelf until 31 December 2021. For further guidance please see Annex IV - Guidance on the timing of replacement of OSVs existing Certificate of Fitness (CoF) by a revised CoF as a consequence of the entry into force of amendments to chapters 17 and 18 of the IBC Code.

The NMA is cooperating with other coastal states around the North Sea with the purpose of finding a common approach. However, at the time of adopting RSV 09-2021, this work is still in progress and changes may occur.

Carriage of backloads on the Norwegian Continental Shelf

During the transitional period, an existing OSV carrying backloads shall comply with Guidelines for Offshore Marine Operations (GOMO)16 .

After 31 December 2021, backloads shall be carried in accordance with the new carriage requirements for contaminated bulk liquid and Chapter 16 of the Code, for further information see Annex II -Carriage of offshore contaminated bulk liquid on existing OSVs having a certificate issued under the provisions of the Resolution.

Nevertheless, the NMA recognises the complexity of the carriage requirements of “offshore contaminated bulk liquid Treated” and that these require a longer transitional period. Hence, the NMA will accept that the cargo tanks, carrying such bulk liquid, are equipped with a controlled venting system and a closed level gauging system17 in accordance with the Environmental Safety Regulations18 and the Dangerous Goods Regulations19 , at the first renewal of the Certificate of Fitness (CoF) after 31 December 2022.

Carriage of chemicals not covered by the Resolution on the Norwegian Continental Shelf

The exemptions for carriage of chemicals not covered by the Resolution in bulk on voyages on the Norwegian Continental Shelf will expire 31 December 2021. For further carriage after this date, a written application may be submitted to the NMA.

In addition to the current practice of verifying safe carriage of these chemicals, the application shall contain a plan describing how the OSV will achieve compliance with the Environmental Safety Regulations20 and the Dangerous Goods Regulations 21 .

The plan shall contain all timeline for any intended alterations, the names of the ship designer and shipyard involved and any other relevant information. The deadline for completion will be established individually according to the accepted plan.

For vessels where a Recognized Organization (RO) have issued the CoF on behalf of the NMA, the application must be submitted via the RO together with their recommendation.

Measures to be considered by the shipowner

The amendments to the IBC Code will have an impact on all existing vessels. All CoF need most likely to be revised, if not replaced by a CoF issued under the provisions of the Code.

A ship owner needs to establish the best approach considering the necessary actions for each individual ship that shall continue to carry NLS in bulk after 31 December 2021. The following may be useful in this process:

  • an existing vessel which continues operating under the regime of the Resolution may carry the products listed in Appendix I of the Resolution even though the new carriage requirements fall outside the scope of the Resolution. However, the new carriage requirements for that product shall still be complied with, as set out in Annex I of this circular,
  • an existing vessel which will carry other toxic products than those listed in Annex I will need to replace the existing CoF by new CoF issued under the provisions of the Code. A gap analysis may be beneficial in this process,
  • all ships that carry backload bulk liquids shall comply with the new carriage requirements for contaminated backloads mentioned above and Chapter 16 of the Code, i.e. Annex II,
  • a brief illustration of the options for a forthcoming certification is found in Annex V,
  • apart from the provision set out in Annex I, all carriage requirements assigned to a product shall be complied with when transporting NLS cargo in bulk, and
  • personnel on an existing OSV will have training requirements equal to the training requirements for personnel on OSVs certified in accordance with the Code.

For practical information regarding the replacement of an OSVs existing CoF, the authority that has issued the specific certificate shall be contacted. This means that when a RO should be the first contact point if they have issued a CoF on behalf of NMA. If not, the NMA should be contacted.

Ship owners with OSVs operating outside the Norwegian Continental Shelf should note that other coastal states may implement the new amendments to chapter 17 and 18 of the IBC Code differently. The NMA recommends that OSVs’ ship owners prior to 1 January 2021 ensure that Norway’s approach is acceptable to the relevant coastal state.

Accepting alternative solutions

The NMA acknowledges the significant impact some of the requirements of the Code will have on the existing OSVs.

When an existing OSV is to comply with the requirements of the Code, each ship owner will have to identify the extent of the structural changes required. In the view of the NMA, the following technical requirements of the Code affect most of the existing designs significantly and may be subject to an alternative solution.

  • Paragraph 4.3.7 – Set point of the P/V valves

The main rule is that the whole of Chapter 4.3 shall be complied with. However, in lieu of the minimum set point in 4.3.7, an arrangement that ensures all toxic vapour discharge safely diverted away from the ship, may be installed.

  • Paragraph 2.6.2 – The extent of damage for vessels carrying not more than 1200 m3.

The main rule is that the whole of Chapter 2 shall be complied with. However, in lieu of the extent of damage required by paragraph 2.6.2 of the Code, the extent of the damage requirements applicable on the date of construction of an existing OSV may be used.


OSVs of which the keels were laid, or which were at a similar stage of construction on or after 19 April 1990 and before 1 January 2021.

The International Maritime Organization

Guidelines for the transport and handling of limited amounts of hazardous and noxious liquid substances in bulk on offshore support vessels, Resolution A.673(16), as amended

Code for the transport and handling of hazardous and noxious liquid substances in bulk on offshore support vessels, Resolution A.1122(30)

Regulations of 30 May 2012 No. 488 on environmental safety for ships and mobile offshore units

Regulations of 1 July 2014 No. 944 on dangerous goods on Norwegian ships

International Convention for the Prevention of Pollution from Ships

International Convention for the Safety of Life at Sea

International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk

Cf. Environmental Safety Regulations section 7 and the Dangerous Goods Regulations section 6

Cf. 1.1.4 of the OSV Chemical Code

Cf. Resolution MEPC.318(74) – Amendments to the IBC Code, Resolution MEPC.315(74) – Amendments to MARPOL Annex II and Resolution MSC.460(101) - Amendments to the IBC Code

Cf. Section 3.1.10, 3.2.4, 3.4.6 and 5.1 of the Resolution

Cf. Point 3 in Annex II of this Circular

Cf. paragraph 16.4.4.2.1 of the Code, MEPC.318(74) and MSC.460(101)

http://g-omo.info/

cf. chapters 7 and 11 of A.1122(30)

Environmental Safety Regulations section 7, eighth paragraph, point c.

 Dangerous Goods Regulations section 8, third paragraph, point c.

Environmental Safety Regulations section 7, third and fifth paragraph

Dangerous Goods Regulations section 6, first and fourth paragraph.