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

[F1 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

[F2 (d) using an emission abatement method that has been—

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

(ii) authorised for the purposes of [F3 paragraphs 2 and 4 of Article 8, and Article 9, of the 2016 Directive] by an EEA State F4 ....]

[F5 (3) A ship to which this paragraph applies must not, in the sea areas described in sub-paragraph (4), use—

(a) until 31st December 2019, use marine fuel which has a sulphur content exceeding 1.5 per cent by mass;

(b) on or after 1st January 2020, marine fuel which has a sulphur content exceeding 0.50 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

[F6 “regular service” means a series of crossings operated so as to serve traffic between the same two or more ports where each port is either in the United Kingdom or within the European Union, or a series of voyages from and to the same port in the United Kingdom or 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.]]

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. 3(2)(d) substituted (16.12.2014) by The Merchant Shipping (Prevention of Air Pollution from Ships) and Motor Fuel (Composition and Content) (Amendment) Regulations 2014 (S.I. 2014/3076), regs. 1, 2(6)(c)(i)

F3 Words in Sch. 2A para. 3(2)(d)(ii) substituted (12.3.2019) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(2), 3(4)(c)

F4 Words in Sch. 2A para. 3(2)(d)(ii) 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)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Sch. 2A para. 3(3) substituted (16.12.2014) by The Merchant Shipping (Prevention of Air Pollution from Ships) and Motor Fuel (Composition and Content) (Amendment) Regulations 2014 (S.I. 2014/3076), regs. 1, 2(6)(c)(ii)

F6 Words in Sch. 2A para. 3(6) 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)(b); 2020 c. 1, Sch. 5 para. 1(1)