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

[F1 Issue of IEE certificates by a Certifying Authority

11A.— (1) Subject to the payment of [F2 the prescribed fee], on being notified by a surveyor that the surveyor—

(a) has carried out an initial survey, or a general or partial survey, in respect of a ship to which this regulation applies, and

(b) is satisfied at the date of the survey that—

(i) the ship’s attained EEDI is in accordance with Chapter 4 of Annex VI; and

(ii) the ship’s SEEMP is on board,

a Certifying Authority must issue an IEE Certificate in respect of that ship.

[F3 (1A) Where an IEE Certificate has been issued under paragraph (1) before 24th April 2023, the Certifying Authority must report the attained EEDI and required EEDI for the ship to the IMO by 1st August 2023.

(1B) Where an IEE Certificate has been issued under paragraph (1) on or after 24th April 2023, the Certifying Authority must report the attained EEDI and required EEDI for the ship to the IMO within seven months of the surveyor’s notification.

(1C) Subject to the payment of the prescribed fee, on being notified by a surveyor that the surveyor—

(a) has carried out an annual survey, intermediate survey or renewal survey, in respect of a ship to which this regulation applies; and

(b) is satisfied at the date of the survey that—

(i) the ship’s attained EEXI has not previously been calculated and recorded in an IEE Certificate,

(ii) the ship’s attained EEXI is in accordance with Chapter 4 of Annex VI, and

(ii) the ship’s SEEMP is on board,

a Certifying Authority must either issue an IEE Certificate in respect of that ship if it does not already hold a valid IEE Certificate, or update the ship’s existing IEE Certificate.]

(2) Where the conditions in paragraphs (3) and (4) are met a Certifying Authority must issue an IEE Certificate in respect of a ship.

(3) The first condition is that the ship has become a ship to which this regulation applies on transfer from the flag of another Contracting Government.

(4) The other conditions are—

(a) an IEE Certificate has been issued in respect of the ship and was still valid immediately before the date of transfer,

(b) the Certifying Authority has caused a survey to be carried out in respect of the ship, and

(c) the Certifying Authority is satisfied that—

[F4 (i) in the case of a ship for which the attained EEDI was required to be calculated by Chapter 4 of Annex VI, the ship’s attained EEDI is in accordance with Chapter 4 of Annex VI;

(ia) in the case of a ship for which the attained EEXI was required to be calculated by Chapter 4 of Annex VI, the ship’s attained EEXI is in accordance with Chapter 4 of Annex VI;]

(ii) the ship’s SEEMP is on board; and

(iii) no change has been made to the equipment, systems, fittings, arrangements or material covered by the last survey carried out under regulation 5.4 of Annex VI without the approval of the Contracting Government in question.

(5) An IEE Certificate issued under this regulation must be in English and in the form set out in [F5 Appendix VIII] to Annex VI.

[F6 (6) In this regulation—

“attained EEDI” means the Attained Energy Efficiency Design Index relating to a ship calculated in accordance with Regulation 22 of Annex VI;

“attained EEXI” means the Attained Energy Efficiency Existing Ship Index relating to a ship calculated in accordance with Regulation 23 of Annex VI;

“general or partial survey” means a survey required by paragraph 4.2 of Regulation 5 of Annex VI;

“initial survey” means a survey required by paragraph 4.1 of Regulation 5 of Annex VI;

“required EEDI” means the Required Energy Efficiency Design Index relating to a ship calculated in accordance with Regulation 24 of Annex VI.]]

Textual Amendments

F1 Reg. 11A inserted (30.6.2019) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/940), regs. 1, 2(4)

F2 Words in reg. 11A(1) substituted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(5)

F3 Reg. 11A(1A)-(1C) inserted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(7)(a)

F4 Reg. 11A(4)(c)(i)(ia) substituted for reg. 11A(4)(c)(i) (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(7)(b)

F5 Words in reg. 11A(5) substituted (22.10.2021) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021 (S.I. 2021/1108), regs. 1(b), 2(5)

F6 Reg. 11A(6) substituted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(7)(c)