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MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

BR 10 / 2019

PART 1PRELIMINARY

Citation

1 These Regulations may be cited as the Merchant Shipping (Anti-Fouling Systems) Regulations 2019.

2. Interpretation

(1) In these Regulations—

“AFS Certificate” means an International Anti-Fouling Systems Certificate issued in accordance with Regulation 2 of Annex 4 to the Convention, in the form as shown in Schedule 1;

“AFS Convention” or “Convention” means the International Convention on the control of Harmful Anti-Fouling Systems on Ships, 2001;

“AFS Declaration” means a Declaration on Anti-Fouling Systems drawn up in accordance with Regulation 5 of Annex 4 to the AFS Convention, in the form as shown in Schedule 2;

“anti-fouling systems” means a coating, paint, surface treatment, surface, or device that is used on ships to control or prevent attachment of unwanted organisms;

“authorised officer” means a person appointed as an inspector in accordance with section 217(1) of the Act;

“Authority” means the Bermuda Shipping and Maritime Authority (BSMA);

“Bermuda ship” has the same meaning as in section 16(3) of the Act;

“Bermuda waters” means the sea or other waters within the seaward limits of the territorial sea of Bermuda;

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

“Certifying Authority” means the Minister or any person authorised by the Minister—

(a) authorisation by a Certifying Authority may be given conditionally or unconditionally and is subject to sub-paragraph (c);

(b) notwithstanding sub-paragraph (a), conditions may impose limitations on any person’s authorisation relating to—

(i) individual ships;

(ii) classes of ships; and

(iii) the extent of any survey to be carried out by that person;

(c) the Minister may direct, in relation to an individual case or to a class of cases, that a survey, or part of a survey, for the purpose of these Regulations is carried out by the Minister and not by another Certifying Authority;

(d) a Certifying Authority other than the Minister is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown, and its property is not to be regarded as property of, or held on behalf of, the Crown;

“controlled waters” means the waters covering areas within which the jurisdiction and rights of Bermuda are exercisable;

“master” includes every person (except a pilot) having command or charge of a ship;

“offshore terminal” means an installation situated away from the shore, where bulk, fluid or gas cargo (or more than one of these) is—

(a) transferred between ships;

(b) loaded onto a ship after having been transported from the shoreline; or

(c) unloaded from a ship for transporting to the shoreline;

“operator” means the person registered as the owner of a Bermuda ship in accordance with the Act.

“owner” in relation to a ship, includes any person or organisation, including a manager, or a charterer on bareboat charter terms, who has assumed responsibility for the operation of the ship from the owner; and in this definition

“bareboat charter terms” means the hiring of the ship for a stipulated period on terms which give the charterer possession and control of the ship, including the right to appoint the master and crew;

“ship”, except in the expression “Bermuda ship”, means a vessel of any type, operating in the maritime environment and includes hydrofoil boats, aircushion vehicles, submersibles, floating craft, fixed or floating platforms, floating storage units and floating production storage and off-loading units;

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

“statement of compliance” means a document described as such and issued by a Certifying Authority following a satisfactory survey in accordance with Regulation 1 of the AFS Convention;

“surveyor of ships” means a person who is appointed as a surveyor of ships under section 217(1) of the Act;

“voyage” includes an excursion, and is to be taken to commence when a ship leaves its berth or anchorage.

(2) In these Regulations, a reference to a numbered Article or a number Annex is to the Article or Annex in the AFS Convention.

(3) In the application of these Regulations to—

(a) an air-cushion vehicle, a reference to the master of a ship includes a reference to the captain of that air-cushion vehicle;

(b) a platform, a reference to the master of a ship includes a reference to the manager of that platform; and

(c) a fishing vessel, a reference to the master of a ship includes a reference to the skipper of that vessel.

3. Application

(1) Subject to paragraph (2) and to the provisions of individual Regulations, these Regulations apply to any ship which is—

(a) a Bermuda ship; and

(b) other ships when in a port in Bermuda or at an offshore terminal in Bermuda waters or in Bermuda controlled waters.

(2) These Regulations do not apply to—

(a) a warship;

(b) a naval auxiliary; or

(c) a ship owned or operated by a State and used, for the time being, only on government non-commercial service.

PART 2SURVEY AND CERTIFICATION

4. Surveyors and the issue of certificates

(1) A ship of 400 gross tonnage or more, engaged in international voyages is subject to the following surveys by the Authority or a Certifying Authority—

(a) an initial survey before the ship is put into service or before the AFS Certificate is issued for the first time; and

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

(b) a survey when the anti-fouling systems is changed or replaced.

(2) This requirement does not apply to a fixed or floating platform, floating storage unit or floating production storage or off-loading unit.

5. AFS-Certificates: ships of 400 gross tonnage or above

(1) This Regulation applies in relation to a ship which—

(a) is referred to in Regulation 3(1); and

(b) is of 400 gross tonnage or above, but does not apply in relation to a fixed or floating platform, a floating storage unit or a floating production storage and off-loading unit.

(2) A ship must not be put into service for the first time unless the requirements set out in paragraph (4) are met.

(3) Where a ship is put into service for the first time, the ship must not proceed on any voyage, or (if it is already on a voyage) continue on a voyage, unless the requirements set out in paragraph (4) are met.

(4) The requirements referred to in paragraphs (2) and (3) are that—

(a) the ship has been surveyed in accordance with Annex 4 to the AFS Convention;

(b) there is in force in relation to the ship an AFS Certificate or other certificate referred to in Regulation 2(1) of Annex 4; and

(c) the AFS-Certificate or other certificate is carried on board the ship.

6. AFS-Declarations: ships of less than 400 gross tonnage

(1) This Regulation applies in relation to a ship which—

(a) is referred to in Regulation 3(1); and

(b) is of less than 400 gross tonnage but of 24 metres or more in length, but does not apply in relation to a fixed or floating platform, a floating storage unit or a floating production storage and off-loading unit.

(2) A ship must not proceed on any voyage, or (if it is already on a voyage) continue on a voyage, unless there is carried on board the ship an AFS-Declaration, and that AFS- Declaration—

(a) is accompanied by appropriate documentation (such as a paint receipt or a contractor’s invoice); or

(b) contains an appropriate endorsement in the form as shown in Schedule 3.

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

7. Arbitration

(1) If an applicant is dissatisfied for any reason with the outcome of a survey carried out for the purposes of paragraph 1 of Annex 4, the applicant may serve a written notice on the responsible person within 21 days of receiving notification of that outcome—

(a) stating that there is a dispute between them; and

(b) requesting that the dispute be referred to a single arbitrator.

(2) Subject to paragraph (3), an arbitrator referred to in paragraph (1), must be appointed by agreement between the applicant and the responsible person.

(3) In default of agreement between the applicant and the responsible person, the arbitrator is such person as may be appointed by the President or Vice President of the Chartered Institute of Arbitrators Bermuda Branch, following a request made by—

(a) a party, after giving written notice to the other party; or

(b) the parties jointly.

(4) A person shall not be an arbitrator under this Regulation, unless that person is—

(a) a person who holds a certificate of competency as—

(i) a Class 1 Deck Officer;

(ii) a Class 1 Marine Engineer Officer;

(b) a person who holds a certificate of competency equivalent to a certificate referred to in sub-paragraph (a);

(c) a naval architect;

(d) a qualified person;

(e) a person with special experience in shipping matters, or of the fishing industry, or of activities carried on in ports; or

(f) a member of the Chartered Institute of Arbitrators, Bermuda Branch.

(5) An arbitrator appointed under this Regulation has the powers of an inspector conferred by section 220 of the Act.

(6) The rules for arbitration set out in a Merchant Shipping Notice apply, unless alternative procedures are agreed between the applicant and the responsible person before the commencement of arbitration proceedings.

(7) In this Regulation—

“applicant” means a person who makes an application for a survey required by the AFS Convention;

“Merchant Shipping Notice” means a Notice described as such and issued by the Chief Marine Surveyor, or the equivalent UK Merchant Shipping Notice, as applicable;

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

“qualified person” means a practising barrister of not less than five years standing; and

“responsible person” means the Certifying Authority responsible under Regulation

1 of Annex 4 for the issue or endorsement of the AFS-Certificate or other certificate in connection with which the survey is carried out.

8. Cancellation of a certificate

(1) This Regulation applies in relation to an AFS-Certificate or other certificate issued by, or at the request of, the Government of Bermuda pursuant to Annex 4.

(2) The Minister may cancel a certificate where he has reason to believe that—

(a) the certificate was issued on the basis of false or erroneous information; or

(b) since any survey required under the AFS Convention, (any coating forming a barrier to organotin compounds leaching from underlying non-compliant anti-fouling systems) and borne by the ship, has sustained damage or is otherwise deficient.

(3) The Minister may require that a certificate which has expired or has been cancelled is surrendered within such time and in such manner as the Minister may in writing direct.

(4) A person shall not—

(a) intentionally alter a certificate;

(b) intentionally make a false certificate;

(c) knowingly or recklessly provide false information in connection with any survey required by the AFS Convention;

(d) with intent to deceive, use or lend a certificate or permit a certificate to be used by another person; or

(e) fail to surrender a certificate when required to do so pursuant to paragraph

(3).

9. Availability of certificates and other documents

(1) An AFS-Certificate or other certificate referred to in the AFS Convention must be readily available for examination at all times on board every ship to which Regulation 5 applies.

(2) An AFS-Declaration and the appropriate documentation or endorsement referred to in Regulation 6(2) must be readily available for examination at all times on board every ship to which Regulation 6 applies.

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

PART 3INSPECTIONS, DETENTIONS, OFFENCES AND FEES

10. General provisions on inspection of ships

(1) Subject to paragraph (6), for the purposes of checking compliance with the AFS Convention and these Regulations, the following persons have the power to inspect ships—

(a) a surveyor of ships;

(b) a superintendent; and

(c) any person appointed by the Minister, either generally or in a particular case, to exercise powers under section 219(1) of the Act, and may at all reasonable times go on board a ship to which these Regulations apply and inspect the ship and its equipment or any part thereof, any articles on board and any document carried in the ship in pursuance of the AFS Convention.

(2) Section 219 of the Act (Powers to inspect ships and their equipment) applies in relation to paragraph (1), and as if references in that section to “subsection (1)” and “this section” were to paragraph (1).

(3) Subject to paragraph (6), the powers conferred by paragraph (1) are, if the ship is a Bermuda ship, also exercisable outside Bermuda waters and controlled waters, and may be so exercised by a proper officer as well as the persons mentioned in that paragraph.

(4) Subject to paragraph (6), sections 220(1), (2), (5), (7) and (9) to (11), (powers of inspectors in relation to premises and ships), and 221(1) and (2) of the Act apply in relation to the inspection of a ship to which these Regulations apply, for the purposes of checking compliance with the AFS Convention and these Regulations, as they apply in relation to the inspection of a ship for the purposes of checking compliance with the Act, and as if—

(a) references in those sections, to “this Act” were to these Regulations;

(b) for section 220(1)(b), there were substituted a reference to any ship to which these Regulations apply; and

(c) in section 220(2)(h)(iii), “or any instrument made under it” were omitted.

(5) Sections 222 and 223 of the Act (improvement notices and prohibition notices) apply in relation to improvement notices and prohibition notices to be served in relation to a ship to which these Regulations apply, as they apply in relation to improvement notices and prohibition notices, of the convention to be served in relation to other ships, and as if—

(a) references in those sections to, “the relevant statutory provisions” were to Articles 4 and 5 of the Convention, and Regulations 5(2) and (3) and 6(2); and

(b) section 222(4) were omitted.

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

(6) The relevant powers to inspect a ship and its equipment, any part of the ship, any articles on board and any document carried in the ship, are limited to one or both of the following—

(a) verifying whether the ship holds a valid AFS-Certificate or an AFS- Declaration;

(b) a brief sampling of the ship’s anti-fouling systems that does not affect the integrity, structure or operation of the anti- fouling systems, except where there are clear grounds for believing that the ship is in violation of these Regulations.

(7) In this Regulation—

“proper officer” has the same meaning as in section 2(1) of the Act;

“relevant powers” means the powers conferred by paragraph (1) or (3), or by section

217 of the Act as applied by paragraph (4); and

“superintendent” has the same meaning as in section 2(1) of the Act.

Inspection of ships following a Government request

11 Where a ship to which these Regulations apply is inspected under Regulation 10, following receipt by the Minister, of a request for an investigation of the ship from the Government of a Party to the AFS- Convention, the Minister must send a report of the inspection—

(a) to the Government which requested the investigation; and

(b) where the ship operates under the authority of the Government of a State other than Bermuda, to that Government.

12. General provisions on detention

(1) Subject to paragraph (2), where a surveyor of ships has clear grounds for believing that, in relation to a ship to which these Regulations apply—

(a) an AFS-Certificate, or other certificate referred to in regulation 2(1) of Annex 4, is required to have been issued in respect of the ship but has not been issued, or has been issued but is not valid;

(b) an AFS-Declaration is required to be carried on board the ship, but is not carried;

(c) where an AFS-Declaration is required to be carried, appropriate documentation referred to in Regulation 6(2)(a) is not carried on board the ship, and the AFS-Declaration does not contain an appropriate endorsement; or

(d) an offence under Regulation 14 is being committed in respect of the ship, the ship is liable to be detained until a surveyor of ships is satisfied that it can proceed to sea without presenting an unreasonable threat of harm to the marine environment.

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

(2) A person having powers to detain a ship may permit a ship which is liable to be detained under paragraph (1), to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available.

(3) Where a surveyor of ships has clear grounds for believing that an offence under Regulation 14(2) has been committed in respect of a ship (but paragraph (1) does not apply), the ship is liable to be detained.

(4) The power under this Regulation to detain a ship may only be exercised if the ship in question is—

(a) a Bermuda ship;

(b) in a port or shipyard in Bermuda;

(c) at an offshore terminal in Bermuda waters or controlled waters;

(d) a fixed platform in Bermuda waters or controlled waters; or

(e) a floating platform, a floating storage unit or a floating production storage and off-loading unit, in Bermuda waters or controlled waters, other than a platform or unit which is in transit.

(5) Section 242 of the Act (enforcing detention of a ship) applies where a ship is liable to be detained under this Regulation, as if—

(a) references to detention of a ship under the Act were references to detention of the ship in question under this Regulation; and

(b) subsection (7) were omitted.

(6) Where a ship is liable to be detained under this Regulation, the person detaining the ship must serve on the master of the ship, a detention notice which—

(a) states the grounds for the detention; and

(b) requires the terms of the notice to be complied with, until the ship is released by any person mentioned in section 242(1) of the Act.

(7) Where a ship other than a Bermuda ship is detained, the Minister must immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State.

(8) Where a ship is detained under paragraph (3), a person having power to detain the ship must, at the request of the owner or master, immediately release the ship—

(a) if no proceedings for an offence under Regulation 14(2) are instituted within the period of seven days beginning with the day on which the ship is detained;

(b) if proceedings for an offence under that Regulation, having been instituted within that period, are concluded without the owner or master being convicted;

(c) if either—

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

(i) the sum of $50,000 is paid to the Minister by way of security; or

(ii) security which, in the opinion of the Minister, is satisfactory and is for an amount not less than $50,000 is given to the Minister;

(d) where the owner or master is convicted of an offence under that Regulation, if any costs or expenses ordered to be paid by that person, and any fine imposed on that person, have been paid; or

(e) the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of the Sea 1982, and any bond or other financial security ordered by such court or tribunal is posted.

(9) The Minister must repay any sum paid in pursuance of paragraph (8)(c) or release any security so given—

(a) if no proceedings for an offence under Regulation 14(2) are instituted within the period of seven days beginning with the day on which the sum is paid; or

(b) if proceedings for that offence, having been instituted within that period, are concluded without the owner or master being convicted.

(10) Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (8)(c) and the owner or master is convicted of an offence under Regulation 14(2), the sum so paid or the amount made available under the security must be applied as follows—

(a) first, in payment of any costs or expenses ordered by the court to be paid by the owner or master;

(b) next, in payment of any fine imposed by the court; and

(c) any balance must be repaid to the first-mentioned person.

13. Right of appeal and compensation

(1) Regulations 14 and 24 (right of appeal and compensation) of the Merchant Shipping (Port State Control) Regulations 2019 (which by virtue of Regulation 22 of those Regulations apply in relation to the exercise of powers of detention contained in safety Regulations) apply in relation to a detention notice served under these Regulations, as if these Regulations were made under section 93 of the Act, subject to the modifications referred to in paragraph (2).

(2) The modifications are—

(a) references to “inspector” are to be taken as references to the authority detaining the ship; and

(b) references to “access refusal notice”, “service of an access refusal notice” and “refusal of access” are omitted.

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

14. Offences

(1) Paragraphs (2) and (3) apply in relation to a ship referred to in Regulation 3(1).

(2) Where a contravention of these Regulations occurs, concerning the prohibition against the application on ships of organotin compounds which act as biocides, on or after the date on which these Regulations come into operation, the owner and master of the Bermuda ship in question, each commit an offence.

(3) Where a contravention of Article 4 (which prohibits ships from bearing organotin compounds, unless they have a barrier coating) occurs or continues after the date on which these Regulations come into force, the owner and master of the ship in question each commit an offence.

(4) Any contravention of—

(a) Regulation 5(2) or (3), 6(2), or 9(1) or (2) is an offence by the owner and the master of the ship; and

(b) Regulation 8(4), is an offence by the person in question.

(5) An offence under this Regulation is punishable—

(a) on summary conviction, by a fine not exceeding $10,000; or

(b) on conviction on indictment, by a fine not exceeding $50,000.

Service of documents on foreign companies

15 Section 113 of the Act (service of directions under section 111) applies to proceedings for an offence under Regulation 14 as it applies to proceedings for an offence under section 111 of the Act.

Enforcement and application of fines

16 Section 145(1) of the Act (enforcement of fines) applies to any fine for an offence under Regulation 14, and as if the reference to proceedings against the owner or master of a ship for an offence under Chapter III of Part VIA of the Act were a reference to proceedings against the owner or master for an offence under Regulation 14.

Offences committed due to the act or default of another person

17 Where an offence under Regulation 14 is committed, or would be committed but for the operation of Regulation 19, by any person due to the act or default of some other person, that other person also commits the offence, and a person may be charged with and convicted of an offence by virtue of this Regulation whether or not proceedings are taken against the first mentioned person.

18. Offences by officers of bodies corporate

(1) Where a body corporate commits an offence under Regulation 14 and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity,

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

that person, as well as the body corporate commits an offence and is liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, paragraph

(1) applies in relation to the acts and defaults of a member in connection with that person’s functions of management as if that person were a director of the body corporate.

Defences

19 In any proceedings for an offence under Regulation 14, it is a defence for the person charged to prove that, that person took all reasonable steps and exercised all due diligence to ensure that the requirement in question was complied with.

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

SCHEDULE 1

(Regulation 2(1)) INTERNATIONAL ANTI-FOULING SYSTEMS CERTIFICATE

Certificate Number: Ship Name: IMO:

INTERNATIONAL ANTI-FOULING SYSTEMS CERTIFICATE (This certificate shall be supplemented by a Record of Anti-Fouling Systems)

Issued under the INTERNATIONAL CONVENTION ON THE CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON SHIPS as amended

Under the authority of the Government of Bermuda by the Bermuda Shipping and Maritime Authority*

Particulars of the ship

Name of the ship IMO number Distinctive number or letters Port of registry Gross tonnage (ITC 69) Length

THIS IS TO CERTIFY THAT:

1 the ship has been surveyed in accordance with Regulation 1 of Annex 4 to the Convention; and

2 the survey shows that the anti-fouling systems on the ship complies with the applicable requirements of Annex 1 to the Convention.

When a certificate has been previously issued dated:

Issued at:

Date of issue:

Signature of the duly authorised official Issuing the certificate XXXX Name of authorized official

*This certificate is issued by or on behalf of the Government of Bermuda under the responsibility of the United Kingdom as flag state under the Convention.

ROSF.XXX (Rev/XX/X/18) Page 1 of 2

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

An anti-fouling systems controlled under Annex 1 has not been applied during or after construction of this ship*

An anti-fouling systems controlled under Annex 1 has been applied on this ship previously, but has been removed by*

name of the facility date

An anti-fouling systems controlled under Annex 1 has been applied on this ship previously, but has been covered with a sealer coat by*

name of the facility date

An anti-fouling systems controlled under Annex 1 was applied on this ship prior to (date) but must be removed or covered with a sealer coat prior to (date)*

Date of completion of the survey on which this certificate is issued:

* Delete as appropriate

ROSF.XXX (Rev/XX/X/18) Page 2 of 2

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

RECORD OF ANTI-FOULING SYSTEMS

Certificate Number: 

RECORD OF ANTI-FOULING SYSTEMS This Record shall be permanently attached to the International Anti-Fouling Systems Certificate.

Issued under the INTERNATIONAL CONVENTION ON THE CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON SHIPS as amended

Under the authority of the Government of Bermuda by the Bermuda Shipping and Maritime Authority*

Particulars of the ship

Name of the ship IMO number Distinctive number or letters

THIS IS TO CERTIFY that this Record is correct in all respects.

Issued at:

Date of issue:

Signature of the duly authorised official Issuing the certificate XXX Name of authorized official

*This certificate is issued by or on behalf of the Government of Bermuda under the responsibility of the United Kingdom as flag state under the Convention.

ROSF.XXX (Rev/XX/X/18) Page 1 of 2

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

Details of Anti-fouling System(s) applied

Type(s) of anti-fouling system(s) used

Dates(s) of application anti-fouling system(s)

Name(s) of company(ies) and facility(ies)/location(s) where applied

Name(s) of anti-fouling system(s) manufacture(s)

Name(s) and colour(s) of anti-fouling system(s)

Active ingredients and their Chemical Abstract Services Number(s) (CAS number(s))

Type(s) of sealer coat, if applicable

Date of application of sealer

Name(s) and colour(s) of sealer coat applied, if applicable

ROSF.XXX (Rev/XX/X/18) Page 2 of 2

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

SCHEDULE 2

(Regulation 2(1)) DECLARATION ON ANTI-FOULING SYSTEM

Certificate Number:

DECLARATION ON ANTIFOULING SYSTEM Issued under the INTERNATIONAL CONVENTION ON THE CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON SHIPS as amended

Under the authority of the Government of Bermuda by the Bermuda Shipping and Maritime Authority*

Particulars of the ship

Name of the ship IMO number Distinctive number or letters Port of registry Gross tonnage (ITC 69) Length

THIS IS TO DECLARE that the anti-fouling system(s) used on this ship complies with Annex 1 to the Convention

Issued at:

Date of issue:

Signature of the duly authorised official Issuing the certificate XXX MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

Endorsement of Anti-fouling System(s) applied

Type(s) of anti-fouling system(s) used and dates(s) of application

Signature of owner or owner’s authorized agent. Date

Type(s) of anti-fouling system(s) used and dates(s) of application

Signature of owner or owner’s authorized agent. Date

Type(s) of anti-fouling system(s) used and dates(s) of application

Signature of owner or owner’s authorized agent. Date

Type(s) of anti-fouling system(s) used and dates(s) of application

Signature of owner or owner’s authorized agent. 19 Date MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

SCHEDULE 3

(Regulation 6(2)(b)) ENDORSEMENT OF THE RECORDS

Certificate Number:

ENDORSEMENT OF THE RECORDS Issued under the INTERNATIONAL CONVENTION ON THE CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON SHIPS as amended

Under the authority of the Government of Bermuda by the Bermuda Shipping and Maritime Authority*

Particulars of the ship

Name of the ship IMO number Distinctive number or letters

THIS IS TO CERTIFY that a survey required in accordance with regulation 1(1)(b) of Annex 4 to the Convention found that the ship was in compliance with the Convention

Issued at:

Date of issue:

Signature of the duly authorised official Issuing the certificate XXX MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

Details of Anti-fouling System(s) applied

Type(s) of anti-fouling system(s) used

Dates(s) of application anti-fouling system(s)

Name(s) of company(ies) and facility(ies)/location(s) where applied

Name(s) of anti-fouling system(s) manufacture(s)

Name(s) and colour(s) of anti-fouling system(s)

Active ingredients and their Chemical Abstract Services Number(s) (CAS number(s))

Type(s) of sealer coat, if applicable

Date of application of sealer

Name(s) and colour(s) of sealer coat applied, if applicable

MERCHANT SHIPPING (ANTI-FOULING SYSTEMS) REGULATIONS 2019

Made this 14th day of February 2019

Minister of Tourism and Transport

[Operative Date: 18 February 2019]