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

PART 3Control of emissions from ships

Ozone-depleting substances

20.—(1) The deliberate emission of an ozone-depleting substance from a ship is prohibited.

(2) For the purposes of this regulation “deliberate emission” includes an emission occurring in the course of maintaining, servicing, repairing or disposing of systems or equipment, but does not include minimal releases associated with the recapture or recycling of an ozone-depleting substance.

(3) New installations which involve the introduction on a ship, other than a United Kingdom ship, of an ozone-depleting substance are prohibited.

(4) Prior to 1st January 2020, paragraph (3) has effect as if after “substance” there were inserted “other than hydrochlorofluorocarbons”.

Nitrogen oxides

21.—[F1(1) Subject to paragraph (2), this regulation applies to every diesel engine with a power output of more than 130 kW which is installed on a ship (a “regulated engine”).]

[F2(2) This regulation does not apply to any engine referred to in paragraph 1 of Schedule 2 and paragraph (4D) does not apply to any engine referred to in paragraph 1A of that Schedule.]

(3) Where a [F3regulated] engine is installed on a United Kingdom ship engaged solely in voyages to ports or offshore terminals within United Kingdom waters, and—

(a)that ship was constructed; or

(b)the engine underwent a major conversion,

before 19th May 2005, the Secretary of State may on application by the owner of the ship direct that this regulation does not apply to that engine.

(4) Subject to paragraph (7), [F4for the purpose of the emission standard set out in paragraph 3 (Tier I) of regulation 13 (nitrogen oxides) of Annex VI,] the operation of a [F5regulated engine to which this paragraph applies] is prohibited, except where the emission of nitrogen oxide (calculated as the total weighted emission of NO2) from the engine is no more than—

(a)17.0 g/kWh when n is less than 130 rpm;

(b)45.0 x n -0.2 g/kWh when n is 130 or more but less than 2000 rpm;

(c)9.8 g/kWh when n is 2000 rpm or more,

where n = rated engine speed (crankshaft revolutions per minute).

[F6(4A) Subject to paragraph (9), paragraph (4) applies to every regulated engine which is installed on a ship which—

(a)was constructed on or after 1st January 1990 and before 1st January 2000 and has both—

(i)a power output of more than 5,000 kW; and

(ii)a per cylinder displacement at or above 90 L;

(b)was constructed on or after 1st January 2000 and before 1st January 2011; or

(c)underwent a major conversion on or after 1st January 2000 and before 1st January 2011.

(4B) Subject to paragraph (7), for the purpose of the emission standard set out in paragraph 4 (Tier II) of regulation 13 (nitrogen oxides) of Annex VI, the operation of a regulated engine to which this paragraph applies is prohibited, except where the emission of nitrogen oxide (calculated as the total weighted emission of NO2) from the engine is no more than—

(a)14.4 g/kWh when n is less than 130 rpm;

(b)44.0 x n-0.23 g/kWh when n is 130 or more but less than 2000 rpm;

(c)7.7 g/kWh when n is 2000 rpm or more,

where n = rated engine speed (crankshaft revolutions per minute).

(4C) Unless paragraph (4D) applies, paragraph (4B) applies to every regulated engine which is installed on a ship which—

(a)is or was constructed on or after 1st January 2011; or

(b)undergoes or has undergone a major conversion on or after that date.

(4D) Subject to paragraph (7) and Schedule 2ZA, for the purpose of the emission standard set out in paragraph 5 (Tier III) of regulation 13 (nitrogen oxides) of Annex VI (“the Tier III Standard”), the operation of a regulated engine to which this paragraph applies is prohibited, except where the emission of nitrogen oxide (calculated as the total weighted emission of NO2) from the engine is no more than—

(a)3.4 g/kWh when n is less than 130 rpm;

(b)9.0 x n-0.2 g/kWh when n is 130 or more but less than 2000 rpm;

(c)2.0 g/kWh when n is 2000 rpm or more,

where n = rated engine speed (crankshaft revolutions per minute).

(4E) Paragraph (4D) applies to every regulated engine which is installed on a ship which—

(a)is operating in the North American emission control area or the United States Caribbean emission control area and—

(i)is or was constructed on or after 1st January 2016; or

(ii)undergoes or has undergone a major conversion on or after that date;

(b)is operating in the Baltic Sea emission control area or the North Sea emission control area and which—

(i)is constructed on or after 1st January 2021; or

(ii)undergoes a major conversion on or after that date;

(c)is operating in any other emission control area designated by the Marine Environment Protection Committee of the IMO for the purpose of the Tier III Standard and which is constructed or which undergoes a major conversion on or after—

(i)the date of designation of that area; or

(ii)such later date as may be specified in a Merchant Shipping Notice.]

(5) When assessing under paragraph (4) [F7, (4B) or (4D)] the emission of nitrogen oxide from a [F8regulated] engine using fuel composed of blends of hydrocarbons derived from petroleum refining, the test procedure and measurement methods must be in accordance with the NOx Technical Code.

(6) The owner of a ship must ensure that the emission of nitrogen oxide from a [F9regulated] engine that is installed on that ship and that has undergone a major conversion is recorded in accordance with the NOx Technical Code and approved by the Certifying Authority.

(7) Notwithstanding [F10paragraphs (4), (4B) and (4D)], the operation of a [F11regulated] engine is permitted when either an exhaust gas cleaning system or any other equivalent method, approved in accordance with [F12the Merchant Shipping (Marine Equipment) Regulations 2016], is applied to [F13the engine in question to meet the applicable emission standard in paragraph (4), (4B) or (4D), respectively].

(8) In this regulation “major conversion” means a modification of an engine where—

(a)the engine is replaced by a new engine built on or after 1st January 2000 [F14which has not been certified to one of the emission standards in paragraphs (4), (4B) or (4D)]; or

(b)any substantial modification, as defined in the NOx Technical Code, is made to the engine; or

(c)the maximum continuous rating of the engine is increased by more than 10 per cent.

[F15(9) Paragraph (4) only applies to an engine referred to in paragraph (4A)(a) if—

(a)an approved method of meeting the emission standard in paragraph (4) has been certified by a Certifying Authority in accordance with Chapter 7 of the NOx Technical Code; and

(b)notice of that certification has been deposited with the IMO by the Certifying Authority.

(10) After certification and notification of an approved method in accordance with paragraph (9)—

(a)compliance with paragraph (4) must be achieved by the relevant owner no later than—

(i)if an approved method is commercially available, the date of the first renewal survey that occurs at least 12 months after deposit of the notice of certification of the approved method; or

(ii)if an approved method is not commercially available and the owner is able to demonstrate to the satisfaction of the Certifying Authority that the owner has exercised every effort to obtain such a method, the date of the next annual survey falling after the date on which such a method becomes commercially available;

(b)compliance with paragraph (4) must be demonstrated by either—

(i)confirmation of the application of the certified approved method by a surveyor who must—

(aa)employ the verification procedure specified as part of the approved method; and

(bb)note the application on the appropriate certificate; or

(ii)certification of the engine to confirm that it meets one or more of the emission standards in paragraphs (4), (4A) and (4D) and notation of that certification on the appropriate certificate;

(c)the appropriate certificate for each relevant engine must indicate that—

(i)the approved method has been applied;

(ii)the engine has been certified in accordance with sub-paragraph (b)(ii);

(iii)the approved method is not yet commercially available; or

(iv)the approved method is not applicable.

(11) In respect of each engine referred to in paragraph (12) which is installed on a ship referred to in paragraph (4E), the log book or electronic record book of that ship must record—

(a)whether paragraph (12)(a) or (12)(b) applies to that engine;

(b)whether or not that engine is in operation at the time at which that ship enters or leaves an area referred to in paragraph (4E);

(c)the periods of time during which that engine is in operation whilst that ship is operating within such an area; and

(d)the times and periods of time referred to in sub-paragraphs (b) and (c), together with the relevant calendar dates and nautical positions of the ship—

(i)at those times;

(ii)during those periods; and

(iii)on those dates.

(12) Paragraph (11) applies to each engine on the ship in question which is certified to the standard set out in—

(a)both paragraphs (4B) and (4D); or

(b)paragraph (4B) only.]

Textual Amendments

[F1622.  Schedule 2A has effect.]

Textual Amendments

Volatile organic compounds

23.—(1) The operation by a harbour authority or terminal operator of a vapour emission control system for volatile organic compounds is prohibited unless the Secretary of State has given his written approval for that system.

(2) A harbour authority or terminal operator operating a vapour emission control system for volatile organic compounds must comply with Schedule 4 to Merchant Shipping Notice 1819 (M+F).

(3) The owner and master of a United Kingdom tanker subject to vapour emission control in a harbour or terminal notified to the IMO as a designated harbour or terminal pursuant to the Convention must comply with Schedule 4 to Merchant Shipping Notice 1819 (M+F).

(4) The owner and master of any tanker, other than a United Kingdom tanker, in United Kingdom waters that is subject to vapour emission control in a harbour or terminal designated by the Secretary of State must ensure that the tanker is fitted with an approved vapour emission collection system that is fully operational.

(5) In paragraph (4) an approved vapour emission collection system is a vapour emission system that has been approved by the flag state pursuant to Annex VI.

(6) The master shall, on demand, produce to the harbour authority, terminal operator or surveyor evidence of the approval referred to in paragraph (5).

(7) This regulation only applies to a gas carrier if the type of loading and containment systems allow safe retention of non-methane volatile organic compounds on board or their safe return ashore.

Shipboard incineration

24.—(1) Subject to paragraph (6), all shipboard incineration must take place in a shipboard incinerator.

(2) Subject to paragraph (12),the owner of a ship on which a shipboard incinerator was installed after 31st December 1999 shall, on demand, demonstrate to a surveyor that the incinerator complies with [F17the Merchant Shipping (Marine Equipment) Regulations 2016].

(3) Where a shipboard incinerator was installed on or before 18th May 2005 on a United Kingdom ship solely engaged in voyages within United Kingdom waters, the Secretary of State may on application by the owner direct that paragraph (2) does not apply to that incinerator.

(4) Shipboard incineration of the following is prohibited—

(a)the residues of any substances or materials referred to in Annex I, II or III of the Convention which have been carried as cargo in the ship and any related contaminated packing materials;

(b)polychlorinated biphenyls;

(c)garbage containing more than traces of heavy metals; and

(d)refined petroleum products containing halogen compounds.

(5) In this regulation “garbage” means all kinds of victual, domestic and operational wastes generated during the normal operation of a ship and liable to be disposed of continuously or periodically, but does not include fresh fish and parts thereof or sewage.

(6) While a ship is in a port, harbour or estuary, shipboard incineration of sewage sludge and sludge oil generated during the normal operation of the ship must not take place in the main or auxiliary power plant or boiler.

(7) Shipboard incineration of polyvinyl chlorides is prohibited except in a shipboard incinerator for which a Type Approval Certificate, has been issued in accordance with [F17the Merchant Shipping (Marine Equipment) Regulations 2016].

(8) A ship with a shipboard incinerator installed on it must at all times carry an operating manual of the manufacturer of that incinerator, which specifies how to operate the incinerator within the limits described in Schedule 5 to Merchant Shipping Notice 1819 (M+F).

(9) Every person responsible for the operation of a shipboard incinerator must be trained and capable of implementing the guidance provided in the manufacturer’s operating manual.

(10) Combustion flue gas outlet temperatures must be monitored at all times and the waste must not be fed into a continuous-feed shipboard incinerator when the temperature is below 850°C.

(11) No batch-loaded shipboard incinerator is to be used if the temperature in the combustion chamber fails to reach 600°C within 5 minutes of start-up.

(12) The Secretary of State may approve the design, installation and operation of alternative shipboard thermal waste treatment devices that meet or exceed the requirements of this regulation for use instead of one issued in accordance with [F17the Merchant Shipping (Marine Equipment) Regulations 2016].

Textual Amendments

Fuel oil quality

25.—(1) This regulation does not apply to—

(a)coal in its solid form;

(b)nuclear fuels;

(c)any hydrocarbon which is produced on a platform and used on that platform as fuel, if that use has been approved by the Secretary of State.

(2) A fuel oil supplier must ensure that fuel oil for combustion purposes delivered to a relevant ship for use on board that ship meets the requirements in paragraph (4) or (5) as applicable.

(3) The master of a relevant ship must ensure that fuel oil for combustion purposes used on board that ship meets the requirements of paragraph (4) or (5).

[F18(3A) The master of a relevant ship must notify its flag state and the competent authority of the relevant port of destination when it cannot purchase fuel oil for combustion purposes to be used on board that ship that meets the requirements of paragraph (4) or (5).

(3B) The master of a relevant ship which has on board fuel oil for combustion purposes which does not meet the requirements of paragraph (4) or (5) must comply with any requirement of the Secretary of State as notified in a Merchant Shipping Notice.]

(4) Where the fuel oil is blends of hydrocarbons derived from petroleum refining, it must not—

(a)incorporate more than a small amount of additives intended to improve some aspects of performance;

(b)contain inorganic acid;

(c)include any added substance or chemical waste which—

(i)jeopardises the safety of the relevant ship;

(ii)adversely affects the performance of the machinery;

(iii)is harmful to personnel; or

(iv)causes increased air pollution.

(5) Fuel oil for combustion purposes derived by methods other than petroleum refining must not—

(a)exceed the appropriate sulphur content limit;

(b)cause an engine to exceed the nitrogen oxide emission limits in regulation 21(4) [F19, (4B) or (4D)];

(c)contain any inorganic acid;

(d)jeopardise the safety of the relevant ship or adversely affect the performance of the machinery;

(e)be harmful to personnel; or

(f)include any added substance or chemical which causes additional air pollution.

[F20(6) For the purposes of paragraph (5), the appropriate sulphur content limit means—

(a)not more than 0.10 per cent by mass in the case of fuel oil used or intended to be used in an emission control area;

(b)subject to paragraph (c), not more than 0.50 per cent by mass in the case of fuel oil used or intended to be used outside an emission control area;

(c)not more than 0.10 per cent by mass in the case of fuel oil used or intended to be used by a ship while paragraph 4(3) of Schedule 2A applies to that ship.]

(7) A local supplier of fuel oil for combustion purposes delivered to and used on board a relevant ship must—

(a)register with the Secretary of State in accordance with the provisions of Schedule 7 to Merchant Shipping Notice 1819 (M+F);

(b)provide the master of the relevant ship with a bunker delivery note containing the information set out in [F21Appendix V to Annex VI];

(c)provide a declaration in the bunker delivery note that is signed by the fuel oil supplier’s representative that the fuel oil supplied conforms with regulations 14(1) or 14(4)(a) (as applicable) and 18(1) of Annex VI;

(d)retain a copy of the bunker delivery note for three years from the date of delivery; and

(e)not contaminate or blend the fuel so that it no longer conforms with the declaration required by sub-paragraph (c).

(8) The master of a relevant ship must—

(a)ensure that the bunker delivery note is kept on board the ship in a place so as to be readily available for inspection at all reasonable times;

(b)when requested by an inspector appointed by the Secretary of State to do so, certify whether any copy of the bunker delivery note is a true copy of the original; and

(c)ensure that the bunker delivery note is retained for a period of three years from the day on which the fuel oil has been delivered on board.

(9) The local supplier’s representative must provide a representative sample of the fuel oil delivered to accompany the bunker delivery note, and that sample must—

(a)be collected in accordance with Schedule 7 and Appendix 1 to Merchant Shipping Notice 1819 (M+F);

(b)on completion of bunkering operations be sealed and signed by the local supplier’s representative and the master or officer in charge of the bunkering operation; and

(c)be retained under the control of the master or owner of the ship for not less than twelve months starting with the day of delivery or until the fuel oil is substantially consumed if the fuel oil is not consumed in less than twelve months.

(10) The bunker delivery note and the sample of fuel oil required under paragraphs (7), (8) and (9) must be available for inspection and verification at all reasonable times in accordance with Schedule 7 to Merchant Shipping Notice 1819 (M+F).

(11) The bunker delivery note required under paragraphs (7) and (8) must be available for copies to be made at all reasonable times.

(12) In this regulation—

(a)“fuel oil supplier” means a person who is responsible for the final blend of fuel oil supplied to a local supplier of fuel oil;

(b)“fuel oil supplier’s representative” means a person appointed by a fuel oil supplier to provide a declaration on the bunker delivery note that the fuel supplied complies with regulations 14(1) or 14(4)(a) (as applicable) and 18(1) of Annex VI;

(c)“local supplier of fuel oil” means a person who receives fuel oil with a view to its delivery to and use on board a relevant ship; and

(d)“local supplier’s representative” means a person who delivers fuel oil to a relevant ship on behalf of a local supplier of fuel oil; and

(e)“relevant ship” means—

(i)a platform; or

(ii)a ship, other than a platform, of 400GT or above.

Textual Amendments

[F22Energy efficiency of ships

25A.—[F23(1) A SEEMP is a plan that meets the requirements of Regulation 26 of Annex VI and relevant IMO Guidelines.]

(2) Each ship [F24to which this regulation applies] must have a SEEMP which is specific to that ship.

(3) The SEEMP must be kept on board the ship at all times.

F25(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F26Collection and reporting of fuel consumption data and carbon intensity index

25B.—(1) The owner and master of a ship in respect of which a Statement of Compliance has been issued and to which this regulation applies, must ensure that the Statement of Compliance is readily available on board the ship for inspection for a period of 5 years after the date it was issued.

(2) Schedule 4 (collection and reporting of fuel consumption data and carbon intensity index) has effect.]

Textual Amendments