CHEM AMSTERDAM

A tank which has carried a category X substance shall be prewashed in accordance with regulation 13.6. Vessel loaded two parcels of used cooking oil on 20FEB18 in Newark, NJ and 24FEB18 in Portsmouth, NH. Both parcels are logged as "used cooking oil in bulk, trigylcerides, C16-C18 and C18 unsaturated", a category Y cargo. MEPC.2/Circ.23 specifies that if this cargo is declared, then "confirmation that the product is composed of trigylcerides, c16-c18 and c18 unsaturated shall be required." At discharge port (Rotterdam), MARPOL inspector determined "information about the composition of the Used Cooking Oil is not presented. So the UCO has to be considered as a MARPOL cat X." UCO parcel discharged in Rotterdam was followed by prewash, but UCO parcel discharged in Tees, UK was not followed by prewash. There is no evidence besides the bill of lading to prove the composition of the used cooking oil. Given the two entries for used cooking oil (one category X and the other category Y) the burden of proof is on the vessel to prove the given cargo is a category Y. Rotterdam MARPOL inspector determined that bruden of proof was not met and USCG PSCOs concur. Charterer's instructions state "shippers Darling will provide a cert of quality showing c16-c18 trigylcerides." No such cert of quality could be found. MARPOL I/16.4 50c

Safety management objectives of the Company should provide for safe practices in ship operation and a safe working environment [1.2.2.1] and should ensure that applicable codes, guidelines and standards recommended by the class societies are taken into account [1.2.3.2]. Vessel is fitted with N2 generator in separate space/room. IACS F20.4.5 states that a low oxygen alarm is to be fitted. There is an O2 sensor display outside the space and a sign that states "Before entering nitrogen generator room, oxygen level in the room must be checked through fixed oxygen analyzer. If reading is below % 20.5 entry strictly prohibited". PSCOs observed O2 analyzer reading ~19.8 % and crew enter N2 room without taking any additional measures to confirm atmosphere safe for entry. 74 SOLAS (14) IX/3.1 REF ISM 1.2.2.1 and 1.2.3.2 10c