Implementing Regulation of the International Convention for the Control of Harmful Anti-Fouling Systems on Ships

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  • Decision of the Acting Chairman of the Transport General Authority No. (63/46/1) dated 21/04/1446 AH

  • The Acting Chairman of the Transport General Authority

  • Based on the powers granted to him by law

  • After reviewing the Royal Decree No. (M/65) dated 4/7/1439 AH, concerning the Kingdom's accession to the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001.

  • After reviewing the Commercial Maritime Law, issued by Royal Decree No. (M/33) dated 5/4/1440 AH.

  • After reviewing the Regulation of the Transport General Authority, issued by Council of Ministers Decision No. (323) dated 14/9/1434 AH, and its amendments.

  • It is decided as follows:

  • First:Approval of the Implementing Regulation of the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001, in the attached form.

  • Second:This decision shall be published in the Official Gazette and shall come into effect after (one hundred and eighty) days from the date of its publication.

  • Third:The original of this decision shall be sent to the Deputy of the Authority for Maritime Transport to take the necessary measures to implement its provisions.

  • And Allah is the Grantor of success.

  • Acting Chairman of the Transport General Authority

  • Rumaidh bin Mohammed Al-Rumaidh

Chapter 1

Article 1: Definitions

  • For the purposes of this Regulation, the following terms shall have the meanings indicated next to each, unless the context requires otherwise:

  • The Kingdom

  • The Kingdom of Saudi Arabia.

  • The Maritime Authority

  • The Transport General Authority represented by the Maritime Transport Agency or one of its branches or representatives or any person authorized to act on its behalf.

  • The Organization

  • The International Maritime Organization (IMO).

  • The Agreement

  • The International Convention on the Control of Harmful Anti-fouling Systems on Ships of 2001.

  • The Regulation

  • The Implementing Regulation of the International Convention on the Control of Harmful Anti-fouling Systems on Ships of 2001.

  • The Ship

  • Any marine facility including hovercraft, air-cushion vehicles, submarines, floating platforms, fixed or floating platforms, floating storage units, and floating production, storage, and offloading units.

  • The Saudi Ship

  • A ship that flies the flag of the Kingdom of Saudi Arabia and is registered in any of the approved registration offices in the Kingdom.

  • The Foreign Ship

  • A ship that flies the flag of a foreign country, prepared for maritime navigation, and has been permitted to operate and navigate in the maritime areas of the Kingdom, or visiting a port of the Kingdom for a temporary purpose to unload or load passengers or goods, or to refuel or for maintenance and to complete its journey without engaging in operations in the maritime areas of the Kingdom.

  • The Maritime Areas of the Kingdom

  • The maritime areas defined according to the Maritime Areas System of the Kingdom of Saudi Arabia issued by Royal Decree No. (M/6) dated 18/1/1433 AH.

  • The Marine Inspector

  • Any person authorized by the Maritime Authority to conduct inspections on ships and verify compliance with the provisions of this Regulation.

  • The Supervision

  • The supervision conducted on Saudi ships and foreign ships present in the maritime areas of the Kingdom.

  • The Attestation

  • The international attestation for anti-fouling systems of the ship.

  • The Admission

  • The admission related to anti-fouling systems for a ship that is twenty-four (24) meters long and weighs less than four hundred (400) tons.

  • The Operator

  • The person who operates the ship on their behalf as an owner, charterer, or manager of a joint venture, and the owner is considered the operator unless proven otherwise.

  • The Gross Tonnage

  • The gross tonnage calculated according to the tonnage measurement regulations contained in Annex (1) of the International Convention on Tonnage Measurement of Ships of 1969, or any convention that replaces it.

  • The Length

  • The length as defined in the International Convention on Load Lines of 1966, as amended by the 1988 Protocol related to it, or in any convention that replaces it.

  • The Anti-fouling Systems

  • Any coating, paint, surface treatment, or means used on the ship to reduce the attachment of unwanted organic organisms or to prevent their attachment.

  • The International Voyage

  • Any voyage of a ship entitled to fly the flag of one of the countries from or to a port subject to or a maritime area under the jurisdiction of another state.

Article 2: Purpose of the Regulation

  • The purpose of this Regulation is to protect the marine environment from pollution resulting from organic materials caused by the accumulation of impurities on the hull of the ship, to protect the hulls of ships from corrosion, to preserve living and non-living organisms in marine waters, and to protect humans and animals from the damages resulting from marine pollution and its harmful effects.

Article 3: Scope of Application

  • Without prejudice to the applicable laws, regulations, and agreements in the Kingdom, the provisions of this Regulation apply to the following:

    • A- Saudi ships wherever they may be found.

    • B- Foreign ships within the maritime borders of the Kingdom, or while they are in a shipbuilding and maintenance yard in the Kingdom.

    • C- All ships navigating in the maritime areas of the Kingdom regardless of their nature of work.

Article 4: Exceptions

  • This regulation does not apply to the following:

    • A- Warships.

    • B- Military supply ships.

    • C- Vessels operated by the state for non-commercial public purposes.

Article 5: Environmental Standards for Ship Systems Resistant to Contamination

  • 1‏- Ships are prohibited from using or reusing the following biocides in systems resistant to the adhesion of contaminants on their bodies, parts, or external surfaces:

    • A‏- Organotin compounds.

    • B‏- The pesticide (cypermethrin) after the date of (January 1, 2023).

  • 2‏- Ships that have systems resistant to the adhesion of contaminants on their bodies, parts, or external surfaces that include the pesticide (cypermethrin) after the date of (January 1, 2023) must remove it within a maximum period of 60 months from this date.

  • 3‏- Fixed and floating platforms, floating storage units, and floating production, storage, and unloading units built before (January 1, 2023) that did not enter the dry dock on (January 1, 2023) or thereafter are exempt from subparagraph (B) of paragraph (1) and from paragraph (2) of this article.

Chapter 2

Inspections and Issuance of Certificates

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