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

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Nitrogen oxides

This section has no associated Explanatory Memorandum

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;

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;

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^-0.2g/kWh when n is 130 or more but less than 2000 rpm;

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 NO_x 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 NO_x 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 NO_x 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

F1Reg. 21(1) 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(7)(a)

F2Reg. 21(2) 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(7)(b)

F3Word in reg. 21(3) 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(7)(c)

F4Words in reg. 21(4) inserted (22.10.2021) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021 (S.I. 2021/1108), regs. 1(b), 2(7)(d)(i)

F5Words in reg. 21(4) 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(7)(d)(ii)