The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010

Regulation 2(3)

SCHEDULE 1 New Schedule to be inserted in the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008

Regulation 22

“SCHEDULE 2A Sulphur oxides

Interpretation

1.   In this Schedule—

“the 1999 Directive” means Council Directive 1999/32/EEC(1) of 26th April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC, as amended by Directive 2005/33/EC(2) of the European Parliament and of the Council of 6th July 2005;

“approved exhaust gas cleaning system” means an exhaust gas cleaning system approved in accordance with Merchant Shipping Notice 1734 (M+F) or Merchant Shipping Notice 1735 (M+F) as appropriate;

“emission abatement technology” means an exhaust gas cleaning system, or any other technological method that is verifiable and enforceable;

“marine diesel oil” means any marine fuel which has a viscosity or density falling within the ranges of viscosity or density defined for DMB or DMC grades in Table I of ISO 8217 (2005)(3);

“marine gas oil” means any marine fuel which has a viscosity or density falling within the ranges of viscosity or density defined for DMX or DMA grades in Table I of ISO 8217 (2005);

“marine fuel” means any petroleum based liquid fuel intended for use or in use on board a vessel including those fuels defined in ISO 8217 (2005);

“placing on the market” means supplying or making available to third persons, against payment or free of charge, anywhere within the United Kingdom marine fuels for on-board combustion, but excludes supplying or making available marine fuels for export in ships’ cargo tanks.

Control of sulphur oxide emissions: general provisions

2.— (1) This paragraph applies to any ship unless paragraph 3(3) or 4(3), or a permission granted under paragraph 6 or 7, applies to it.

(2) While a ship to which this paragraph applies is within a sulphur oxide emission control area it must comply with at least one of the following conditions—

(a) the sulphur content of any fuel oil used on board the ship must not exceed 1.50 per cent by mass,

(b) an approved exhaust gas cleaning system must be applied to reduce the total emission of sulphur oxide from the ship, including both auxiliary and main propulsion engines, to 6.0g/kW h or less calculated as the total weight of sulphur dioxide emission, and

(c) any other technological method to limit sulphur oxide emissions must be used that has been—

(i) approved for the purposes of these Regulations by the Secretary of State in accordance with the provisions of a Merchant Shipping Notice, or

(ii) authorised for the purposes of Annex VI by a Contracting Government other than the United Kingdom.

(3) While a ship to which this paragraph applies is not within a sulphur oxide emission control area it must not use fuel oil which has a sulphur content exceeding 4.50 per cent by mass.

(4) The master of any ship using separate fuel oils to comply with sub-paragraph (2)(a) must—

(a) allow sufficient time for the fuel oil service system to be fully flushed of all fuels containing sulphur exceeding 1.50 per cent by mass prior to entry into a sulphur oxide emission control area, and

(b) record in accordance with paragraph 5 the details of any fuel changeover operation.

(5) The master must ensure that waste streams from the use of an approved exhaust gas cleaning system pursuant to sub-paragraph (2)(b) are not discharged into a port, harbour or estuary unless it is thoroughly documented that those waste streams will have no adverse impact on the ecosystems of the port, harbour or estuary.

Maximum sulphur content of marine fuel used by passenger ships

3.— (1) This paragraph applies to—

(a) a United Kingdom passenger ship, and

(b) any other passenger ship which calls at a port in the United Kingdom.

(2) This paragraph does not apply to a passenger ship—

(a) while paragraph 4(3) applies to it,

(b) using an approved exhaust gas cleaning system,

(c) using an exhaust gas cleaning system authorised for the purposes of Annex VI by a Contracting Government other than the United Kingdom, or

(d) using emission abatement technologies that have been—

(i) permitted in accordance with paragraph 6 or 7, or

(ii) authorised for the purposes of Article 4c of the 1999 Directive by an EEA State other than the United Kingdom.

(3) A ship to which this paragraph applies must not, in the sea areas described in sub-paragraph (4), use marine fuel which has a sulphur content exceeding 1.50 per cent by mass.

(4) The sea areas referred to in sub-paragraph (3) are—

(a) United Kingdom waters, and

(b) controlled waters.

(5) The master of a ship to which this paragraph applies must record in accordance with paragraph 5 the details of any fuel changeover operation.

(6) In this paragraph—

“passenger ship” means a ship that carries more than 12 passengers and is operating on a regular service, where a passenger is every person other than—

(a)

the master and members of the crew or other person employed or engaged in any capacity on board a ship on the business of that ship, and

(b)

a child under one year of age; and

“regular service” means a series of crossings operated so as to serve traffic between the same two or more ports within the European Union, or a series of voyages from and to the same port within the European Union without intermediate calls, either—

(a)

according to a published timetable, or

(b)

with crossings so regular that they constitute a recognisable schedule.

Maximum content of marine fuel used by ships at berth and inland waterway vessels

4.— (1) This paragraph applies to—

(a) an inland waterway vessel, and

(b) a ship at berth.

(2) This paragraph does not apply to—

(a) a ship at berth for that period of time which is sufficient to allow the crew to complete any necessary fuel changeover operations—

(i) as soon as possible after arrival at berth, and

(ii) as late as possible before departure,

(b) a ship which, according to published timetables, is due to be at berth for less than two hours,

(c) a ship which switches off all engines and uses shore-side electricity while at berth,

(d) an inland waterway vessel, while it is at sea, that carries a certificate proving conformity with the International Convention for the Safety of Life at Sea, 1974(4) as amended, or

(e) a ship using emission abatement technologies that have been—

(i) permitted in accordance with paragraph 6 or 7, or

(ii) authorised for the purposes of Article 4c of the 1999 Directive by an EEA State other than the United Kingdom.

(3) A ship or an inland waterway vessel to which this paragraph applies must not use marine fuel which has a sulphur content exceeding 0.10 per cent by mass.

(4) The master of a ship or inland waterway vessel to which this paragraph applies must record in accordance with paragraph 5 the details of any fuel changeover operation.

(5) In this paragraph—

“inland waterway vessel” means a vessel particularly intended for use on an inland waterway as defined in Council Directive 82/714/EEC of 4th October 1982(5) laying down technical requirements for inland waterway vessels including all vessels which carry—

(a)

a Community inland navigation certificate as defined in Directive 82/714/EEC, or

(b)

a certificate issued pursuant to Article 22 of the Revised Convention for the Navigation of the Rhine(6); and

“ship at berth” means a ship which is securely moored or anchored in a United Kingdom port while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations.

Records in ship’s logbook

5.— (1) A record made pursuant to paragraph 2(4)(b) or 3(5) of a fuel changeover operation consisting of a change from fuel oil having a sulphur content exceeding 1.50 per cent by mass to fuel oil having a sulphur content not exceeding 1.50 per cent by mass, must state—

(a) the time, date and position of the ship when the operation is completed, and

(b) the volume, in each tank at that time, of fuel oil having a sulphur content not exceeding 1.50 per cent by mass.

(2) A record made pursuant to paragraph 2(4)(b) or 3(5) of a fuel changeover operation consisting of a change from fuel oil having a sulphur content not exceeding 1.50 per cent by mass to fuel oil having a sulphur content exceeding 1.50 per cent by mass, must state—

(a) the time, date and position of the ship when the operation commenced, and

(b) the volume, in each tank at that time, of fuel oil having a sulphur content not exceeding 1.50 per cent by mass.

(3) A record made pursuant to paragraph 4(4) of a fuel changeover operation consisting of a change from fuel oil having a sulphur content exceeding 0.10 per cent by mass to a fuel oil having a sulphur content not exceeding 0.10 per cent by mass, must state—

(a) the time and date when the operation commenced and is completed, and

(b) the volume in each tank at that time, of fuel oil having a sulphur content not exceeding 0.10 per cent by mass.

(4) A record made pursuant to paragraph 4(4) of a fuel changeover operation consisting of a change from fuel oil having a sulphur content not exceeding 0.10 per cent by mass to fuel oil having a sulphur content exceeding 0.10 per cent by mass, must state—

(a) the time and date when the operation commenced and is completed, and

(b) the volume, in each tank at that time, of fuel oil having a sulphur content not exceeding 0.10 per cent by mass.

(5) The master of a ship making a record referred to in sub-paragraph (1), (2), (3) or (4) must make it—

(a) in the case of a United Kingdom ship, in a log book in the format prescribed in Appendix 6 to Merchant Shipping Notice 1819 (M+F),

(b) in the case of any other ship, in a ship’s log book.

(6) A ship is prohibited from entering a port in the United Kingdom if the requirements of this paragraph have not been met.

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.

(4) The Secretary of State must—

(a) at least six months before an intended trial begins, give notice of that trial in writing to—

(i) the European Commission, and

(ii) any port State concerned, and

(b) within six months of completion of the trial, provide the Commission with a copy of the full results referred to in sub-paragraph (6)(e).

(5) For the purposes of sub-paragraph (4)(a)(ii), 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.

Permission to use emission abatement technologies

7.— (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 while paragraph 3 or 4 applies to it.

(2) A permission under sub-paragraph (1) is valid only if it is in writing.

(3) Subject to sub-paragraphs (4) and (5), a permission under sub-paragraph (1) may—

(a) include such conditions as the Secretary of State believes appropriate, and

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

(4) Where appropriate, the Secretary of State must include in any permission granted under sub-paragraph (1) a condition that ensures compliance with any criteria established under Article 4c(3) of the 1999 Directive and communicated to the IMO.

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

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

(b) the ship must be fitted with continuous emission monitoring equipment, and

(c) there must be a record that thoroughly documents that any waste streams discharged into enclosed ports, harbours and estuaries have no impact on the ecosystems of those ports, harbours and estuaries based on any criteria communicated by the authorities of port States to the IMO.

Restriction on the marketing of marine diesel oil

8.   The placing on the market of marine diesel oil is prohibited if the sulphur content exceeds 1.50 per cent by mass.

Restriction on the marketing of marine gas oil

9.   The placing on the market of marine gas oil is prohibited if the sulphur content exceeds 0.10 per cent by mass.

Analysis

10.— (1) Analysis of marine fuel to determine its sulphur content must be in accordance with the provisions of sub-paragraphs (2) to (4).

(2) The reference method adopted for determining the sulphur content is to be that defined by PrEN ISO 14596(7) or ISO method 8754 (2003)(8) as appropriate.

(3) The arbitration method is to be that specified in PrEN ISO 14596.

(4) The statistical interpretation of the verification of the sulphur content of marine gas oil is to be carried out in accordance with ISO standard 4259 (2006)(9).”

(1)

O.J. No. L121, 11.5.1999, p.13.

(2)

O.J. No. L191, 22.7. 2005, p.59.

(3)

ISO Standard – Petroleum Products – Fuels (class F) – Specification of Marine Fuels: ISBN 0 580 475 468.

(4)

Cmnd 7874.

(5)

O.J. No.L301, 28.10.1982, p.1; this Directive is no longer in force but the provision of the 1999 Directive which paragraph 4 of this Schedule implements still uses this definition of inland waterway vessel.

(6)

Revised Convention for Rhine Navigation of 17th October 1898 as set out in the text of 20th November 1963.

(7)

Described in the British Standard “Petroleum Products – Determination of Sulphur content – Wavelength-dispersive X-ray fluorescence spectrometry; BS EN ISO 14596 2007 and ISO 14596 2007, which came into effect on 31st October 2007.

(8)

Described in the British Standard “Petroleum Products – Determination of Sulphur content – Energy-dispersive X-ray fluorescence methods; BS EN ISO 8754 2003 and ISO 8754 2003, which came into effect on 14th August 2003.

(9)

Described in the British Standard “Petroleum Products – Determination and Application of precision data in relation to methods of test; BS EN ISO 4259 1996 and ISO 4259 2006, which came into effect on 31st January 2007.