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

Application and exemptions

3.— [F1 (1) Subject to—

(a) paragraphs (2) to (12), and

(b) paragraphs 2 to 4, 6 and 7 of Schedule 2A,

these Regulations apply to—

(i) a United Kingdom ship wherever it may be, and

(ii) any other ship while it is within United Kingdom waters.]

(2) Regulations 5 to 11 apply to—

(a) a platform, other than one that is registered in, or is not registered in but is entitled to fly the flag of, a country whose Government is a Contracting Government other than the United Kingdom,

(b) any other United Kingdom ship of 400 GT or above,

wherever it may be.

[F2 (2A) Subject to paragraph (2B), regulations 11ZA, 11A and 13B apply to a ship—

(a) of 400 GT or above;

(b) which is a United Kingdom ship;

(c) which falls within paragraph 2.5, 2.7, 2.9, 2.11, 2.14 to 2.16, 2.22, or 2.26 to 2.29 of Regulation 2 of Annex VI; and

(d) which is engaged on voyages beyond the seaward limit of the United Kingdom territorial sea.

(2B) Regulations 11ZA, 11A and 13B do not apply where the ship—

(a) is not propelled by mechanical means;

(b) has non-conventional propulsion, unless it is a ship which falls within paragraph 2.11 or 2.16 of Regulation 2 of Annex VI; or

(c) is a category A ship as defined in the Polar Code.]

(3) Regulation 12 applies to—

(a) a platform engaged in voyages to waters under the sovereignty or jurisdiction of a Contracting Government other than the United Kingdom,

(b) any United Kingdom ship of 400 GT or above engaged in voyages to ports or offshore terminals under the jurisdiction of a Contracting Government other than the United Kingdom.

[F3 (3A) Regulation 12A applies to a ship to which regulation 11A applies, if it is engaged in voyages to ports or off-shore terminals under the jurisdiction of a Contracting Government.]

(4) Regulations 13 and 19(1) apply to a ship which is—

(a) not a United Kingdom ship,

(b) registered in, or is not registered in but is entitled to fly the flag of, a country whose Government is a Contracting Government,

(c) engaged in voyages to ports or offshore terminals under the jurisdiction of a Contracting Government,

(d) of 400 GT or above, unless it is a drilling rig, and

(e) in United Kingdom waters or controlled waters.

[F4 (4A) Subject to paragraph (4B), regulation 13A applies to a ship—

(a) of 400 GT or above;

(b) which is—

(i) registered in a country whose Government is a Contracting Government, or

(ii) not so registered, but entitled to fly the flag of such a country;

(c) which falls within paragraph 2.5, 2.7, 2.9, 2.11, 2.14 to 2.16, 2.22, or 2.26 to 2.29 of Regulation 2 of Annex VI;

(d) which is engaged in voyages to ports or off-shore terminals under the jurisdiction of a Contracting Government; and

(e) which is in United Kingdom waters or controlled waters.

(4B) Regulation 13A does not apply where the ship—

(a) is a United Kingdom ship;

(b) is not propelled by mechanical means;

(c) has non-conventional propulsion, unless it is a ship which falls within paragraph 2.11 or 2.16 of Regulation 2 of Annex VI; or

(d) is a category A ship as defined in the Polar Code]

(5) Regulations 14, 15, 16(1) to (5), 17 and 18(1) and (2) apply to—

(a) a platform other than one that is registered in, or is not registered in but is entitled to fly the flag of, a country whose Government is a Contracting Government other than the United Kingdom,

(b) any other United Kingdom ship of 400 GT or above,

wherever it may be.

[F5 (6) Regulation 16(1) and (2) also applies to a ship which—

(a) is not a United Kingdom ship,

(b) is engaged in voyages to ports or offshore terminals under the jurisdiction of a Contracting Government other than the United Kingdom,

(c) is of 400 GT or above, unless it is a drilling rig, and

(d) is—

(i) in a port in the United Kingdom,

(ii) at an offshore terminal in United Kingdom or controlled waters, or

(iii) a floating platform in United Kingdom waters or controlled waters, other than a floating platform which is in transit;

and regulation 16(6) has effect in relation to the application of regulation 16(1) and (2) to such a ship.]

(7) Regulation 18(3) and (4) applies in relation to a ship which is—

(a) a platform engaged in voyages to waters under the sovereignty or jurisdiction of a Contracting Government other than the United Kingdom,

(b) a United Kingdom ship, of 400 GT or above, wherever it may be, which is engaged in voyages to ports or offshore terminals under the jurisdiction of a Contracting Government other than the United Kingdom,

(c) any other ship of 400 GT or above while it is within United Kingdom waters which is not a United Kingdom ship.

(8) Regulation 19(2) applies to a ship which satisfies all the criteria set out in paragraph (4) except for the criterion in paragraph (4)(b).

[F6 (8A) Subject to paragraph (8B), regulation 19A applies to a ship—

(a) of 400 GT or above;

(b) which is—

(i) registered in a country whose Government is a Contracting Government, or

(ii) not so registered, but entitled to fly the flag of such a country;

(c) which falls within paragraph 2.5, 2.7, 2.9, 2.11, 2.14 to 2.16, 2.22, or 2.26 to 2.29 of Regulation 2 of Annex VI; and

(d) which is in United Kingdom waters or controlled waters.

(8B) Regulation 19A does not apply where the ship—

(a) is a United Kingdom ship;

(b) is not propelled by mechanical means;

(c) has non-conventional propulsion, unless it is a ship which falls within paragraph 2.11 or 2.16 of Regulation 2 of Annex VI; or

(d) is a category A ship as defined in the Polar Code.]

[F7 (9) Regulations 21(4) and (4B) apply to the engines installed on the ships referred to in regulations 21(4A) and (4C), respectively, wherever those ships may be.]

[F8 (9A) Regulation 21(4D) applies to the engines installed on the ships referred to in sub-paragraphs (a) to (c) of regulation 21(4E) when they are operating in the areas specified in those sub-paragraphs.]

[F9 (9AA) Subject to paragraph (9AB), regulation 25A applies to a ship—

(a) of 400 GT or above;

(b) propelled by mechanical means; and

(c) which is not a platform.

(9AB) Regulation 25A does not apply where the ship is a United Kingdom ship which is engaged solely on voyages within the seaward limit of the United Kingdom territorial sea.

(9AC) Subject to paragraph (9AD), regulation 25B applies to a ship—

(a) of 5,000 GT or above;

(b) which is—

(i) registered in a country whose Government is a Contracting Government, or

(ii) not so registered, but entitled to fly the flag of such a country;

(c) propelled by mechanical means; and

(d) which is not a platform.

(9AD) Regulation 25B does not apply where the ship is a United Kingdom ship which is engaged solely on voyages within the seaward limit of the United Kingdom territorial sea.]

[F10 (9B) Schedule 4 applies to a ship—

(a) of 5,000 GT or above;

(b) which is a United Kingdom ship;

(c) propelled by mechanical means;

(d) which is not a platform; and

(e) which is engaged on voyages beyond the seaward limit of the United Kingdom territorial sea.]

F11 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) These Regulations do not apply to any warship, naval auxiliary or other ship owned or operated by a State and used for the time being on government, non-commercial service.

[F12 (12A) These Regulations do not apply to fuel oil—

(a) intended for the purpose of research and testing,

(b) intended for processing prior to final combustion, or

(c) to be processed in the refining industry.]

(13) These Regulations do not apply to any emission—

(a) necessary for the purpose of securing the safety of a ship or saving life at sea,

(b) resulting from damage to a ship or its equipment, except to the extent that the emission is due to—

(i) a failure to take all reasonable precautions after the occurrence of the damage or discovery of the emission for the purpose of preventing or minimising the emission, or

(ii) damage caused in consequence of the owner or master acting either intending to cause damage, or recklessly and with knowledge that damage would probably result,

(c) from any platform resulting from the incineration of substances that are solely and directly the result of exploration, exploitation and associated offshore processing of sea-bed mineral resources, including but not limited to—

(i) the flaring of hydrocarbons and the burning of cuttings, muds and stimulation fluids during well completion and testing operations,

(ii) flaring arising from upset conditions, and

(iii) the release of gases and volatile compounds entrained in drilling fluids and cuttings,

(d) associated solely and directly with the treatment, handling or storage of a sea-bed mineral,

(e) from a diesel engine that is solely dedicated to the exploration, exploitation and associated off-shore processing of sea-bed mineral resources.

Textual Amendments

F1 Reg. 3(1) substituted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 3(a)

F2 Reg. 3(2A)(2B) substituted for reg. 3(2A) (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(4)(a)

F3 Reg. 3(3A) 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(4)(b)

F4 Reg. 3(4A)(4B) 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(4)(c)

F5 Reg. 3(6) substituted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 3(b)

F6 Reg. 3(8A)(8B) 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(4)(d)

F7 Reg. 3(9) 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(4)(a)

F8 Reg. 3(9A)(9B) substituted for reg. 3(9A) (22.10.2021) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021 (S.I. 2021/1108), regs. 1(b), 2(4)(b)

F9 Reg. 3(9AA)-(9AD) 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(4)(e)

F10 Reg. 3(9B) 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(4)(f)

F11 Reg. 3(10)(11) omitted (20.4.2010) by virtue of The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 3(c)

F12 Reg. 3(12A) inserted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 3(d)