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

Regulation 21(4D)

[F1 Schedule 2ZA Emissions exempted from regulation 21(4D)

Textual Amendments

F1 Sch. 2ZA 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(15)

1.   If the conditions set out in paragraph 2 are satisfied, no account may be taken when applying regulation 21(4D) of any emission from an engine which occurs during the relevant period specified in paragraph 3—

(a) following the building and sea trials of a newly constructed ship; or

(b) before and after conversion, repair or maintenance of a ship fitted with or maintenance or repair of—

(i) an engine certified to the emission standard in regulation 21(4B); or

(ii) a dual fuel engine during any period when gas fuel or gas cargo may not be carried on board in order to comply with applicable safety requirements.

2.   Paragraph 1 only applies if—

(a) the engine in question is certified to the emission standard in regulation 21(4B); and

(b) the ship in question—

(i) proceeds to or from the relevant shipyard or other repair facility by the most direct route;

(ii) does not load or unload cargo during the occurrence of the emission in question;

(iii) complies with any routing directions of the port State in which that shipyard or other facility is located.

3.   For the purpose of paragraph 1, the relevant period is—

(a) in the case of paragraph 1(a), the period beginning when the ship is delivered from the relevant shipyard, including sea trials and ending when the ship—

(i) leaves the emission control area in which that shipyard is located by the most direct route; or

(ii) if fitted with a dual fuel engine, proceeds to the nearest appropriate gas fuel bunkering facility by the most direct route;

(b) in the case of paragraph 1(b)(i), the period beginning when the ship enters the emission control area in which the relevant shipyard or other repair facility is located and ending when the ship—

(i) is released from that shipyard or facility; or

(ii) if sea trials are applicable, leaves that area by the most direct route after performing those trials;

(c) in the case of paragraph 1(b)(ii), the period beginning when the ship—

(i) enters the emission control area in which the relevant shipyard or other repair facility is located; or

(ii) is degassed in that area and proceeds to that shipyard or other facility by the most direct route,

and ending when the ship—

(iii) leaves that area by the most direct route after being released from that shipyard or other facility; or

(iv) proceeds to the nearest appropriate gas fuel bunkering facility by the most direct route.]