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

[F1 Trials of emission abatement technologies

6.— (1) The Secretary of State may on application in writing by the owner of a ship grant permission for the ship to use emission abatement technologies for trial purposes—

(a) if the ship is a United Kingdom ship, or

(b) while the ship is operating within—

(i) United Kingdom waters, or

(ii) controlled waters.

(2) A permission under sub-paragraph (1) is valid only if it—

(a) is in writing, and

(b) contains a limit on the period of the trial, such period not to exceed 18 months.

(3) Subject to sub-paragraph (6), a permission under sub-paragraph (1) may—

(a) include such conditions as the Secretary of State believes appropriate to the trial in question, and

(b) be varied or revoked at any time by the Secretary of State giving written notice to the owner.

[F2 (4) The Secretary of State must, at least six months before an intended trial begins, give notice of that trial in writing to any port State concerned.]

(5) For the purposes of sub-paragraph (4)F3 ..., a port State concerned is a State to or from which a ship intends to operate during the intended trial.

(6) Any permission granted under sub-paragraph (1) is subject to the following conditions—

(a) tamper-proof equipment must be installed on the ship to monitor continuously funnel gas emissions and such equipment must be used throughout the trial,

(b) emission reductions must be achieved which are at least equivalent to those which would have been achieved by the use of any fuel oil which complied with paragraph 2(2)(a), 3(3) or 4(3) as applicable,

(c) proper waste management systems must be in place during the trial in respect of any waste generated by the emission abatement technologies,

(d) throughout the trial, the owner must carry out an assessment of the impacts on the marine environment, particularly the ecosystems in enclosed ports, harbours and estuaries, and

(e) within five months of completion of the trial, the owner must—

(i) provide full results of the assessment referred to in paragraph (d) to the Secretary of State, and

(ii) make those results publicly available.]

Textual Amendments

F1 Sch. 2A inserted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), regs. 1, 2(3), Sch. 1

F2 Sch. 2A para. 6(4) substituted (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(5)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in Sch. 2A para. 6(5) omitted (31.12.2020) by virtue of The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 6(5)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)