The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008

Regulation 21(2)

SCHEDULE 2 Engines excluded from regulation 21

1.  Regulation 21 does not apply to any—

(a) equipment or other device intended to be used solely in case of an emergency including any emergency diesel engine and any diesel engine installed in a lifeboat,

(b) diesel engine installed on a ship solely engaged in voyages within United Kingdom waters provided that the engine is subject to an alternative nitrogen oxide control measure that has been approved by the Secretary of State,

(c) marine diesel engine with a power output of more than 130 kW which is installed on or in a recreational craft or personal watercraft placed on the market within [F1 the United Kingdom or] the European Economic Area.

Textual Amendments

F1 Words in Sch. 2 para. 1(c) inserted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 6(4); 2020 c. 1, Sch. 5 para. 1(1)

[F2 1A.   Regulation 21(4D) does not apply to a marine diesel engine which is installed on a ship which—

(a) is constructed before 1st January 2021 and—

(i) is specifically designed and used solely for recreational purposes;

(ii) has a hull length of 24 metres or over; and

(iii) is less than 500 GT; or

(b) has a combined nameplate propulsion power of less than 750 kW, if it is demonstrated to the satisfaction of the Secretary of State that the ship cannot comply with regulation 21(4D) because of design or construction limitations.]

Textual Amendments

F2 Sch. 2 para. 1A inserted (22.10.2021) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021 (S.I. 2021/1108), regs. 1(b), 2(14)

2.  In this Schedule—

“marine diesel engine” means any reciprocating internal combustion engine operating on liquid or dual fuel, to which regulations 5, 6 and 13 of Annex VI apply, including booster and compound systems, if applied;

“recreational craft” means any boat of any type intended for sports and leisure purposes of hull length from 2.5 metres to 24 metres measured according to the harmonised standard, fitted with a marine diesel engine of over 130 kW and whether used for charter or recreational boating;

“personal watercraft” means a vessel less than 4 metres in length which uses an internal combustion engine having a jet water pump as its primary source of propulsion and designed to be operated by a person sitting, standing or kneeling on, rather than within the confines of, the hull;

“placed on the market” has the same meaning as in the Directive;

“the Directive” means Directive 94/25/EC(1) of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the member states relating to recreational craft as amended by Directive 2003/44/EC of the European Parliament and of the Council of 16th June 2003(2).

(1)

O.J. L164, 30.6.1994 15 -38.

(2)

O.J. L214, 26.8.2003 18-35.