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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Annex VI (Regulations for the Prevention of Air Pollution from Ships) of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (“the MARPOL Convention”). Annex VI came into force internationally on 19th May 2005.

Detailed technical requirements are imposed by reference to Merchant Shipping Notices 1776 (M), 1734 (M+F), 1735 (M+F), 1613 and 1819 (M+F).

Part 2 of the Regulations provides for the survey and certification of ships;

The main provisions of Part 3—

control emissions of ozone-depleting substances, nitrogen oxide and sulphur oxide (regulations 20 to 22);

where appropriate, regulate harbours or terminals operating vapour emission control systems for volatile compounds (regulation 23);

control shipboard incineration (regulation 24);

impose requirements in respect of fuel oil quality (regulation 25).

Part 4 of the Regulations makes provision in relation to powers of inspection and detention of ships. Provision is also made for jurisdiction over offences committed outside United Kingdom waters (regulation 35) and for suspension of proceedings at flag state request (regulation 36).

A regulatory impact assessment has been prepared and copies may be obtained from the Maritime and Coastguard Agency (“MCA”), Spring Place, 105 Commercial Road, Southampton SO15 1EG and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website www.opsi.gov.uk. A copy has been placed in the library of each House of Parliament.

Merchant Shipping Notices and Marine Guidance Notes are published by the MCA. Copies may be obtained from Mail Marketing (Scotland), MCA, P O Box 87, Glasgow G14 0JF (telephone number 0141 300 4906; fax [phone]; e-mail orders [e-mail]). They may also be accessed via the MCA’s website http:/www.mcga.gov.uk, which also has details of any amendments or replacements.

The STCW Convention, the MARPOL Convention, its Protocols and amendments and resolutions of the Marine Environment Protection Committee and the Tonnage Convention can be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.

Copies of the British Standards publications referred to in these Regulations may be obtained from any outlet operated by the British Standards Institution or by post from the British Standards Institution at Standards House, 389 Chiswick High Road, London W4 4AL.

The Montreal Protocol on Substances that Deplete the Ozone Layer is available from the United Nations Environment Programme P O Box 30552, Nairobi, Kenya (www.unep.org/ozone).