[F3Regulation 25B]
Textual Amendments
F1Sch. 4 inserted (30.6.2019) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/940), reg. 1, Sch.
F2Words in Sch. 4 heading inserted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(15)(a)
F3Sch. 4 shoulder note substituted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(15)(b)
[F41. Expressions used in this Schedule have the same meanings as in Annex VI and “CII regulated ship” means any of the following types of ship—
(a)a bulk carrier;
(b)a combination carrier;
(c)a containership;
(d)a cruise passenger ship;
(e)a gas carrier;
(f)a general cargo ship;
(g)a LNG carrier;
(h)a refrigerated cargo carrier;
(i)a ro-ro cargo ship;
(j)a ro-ro cargo ship (vehicle carrier)
(k)a ro-ro passenger ship;
(l)a tanker;
but not a category A ship as defined in the Polar Code.]
Textual Amendments
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 4 para. 2 omitted (24.4.2023) by virtue of The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(15)(d)
3. A ship’s SEEMP must include a description of the methodology that will be used to collect the data required by [F6Regulation 27.1] of Annex VI which will be used to report the data to a Certifying Authority.
Textual Amendments
F6Words in Sch. 4 para. 3 substituted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(15)(e)
[F73A. Where a ship is a CII regulated ship the ship’s SEEMP must also include—
(a)a description of the methodology that will be used to calculate the ship’s attained annual operational CII in accordance with Regulation 28 of Annex VI and the process that will be used to report this value to the Certifying Authority,
(b)the required annual operational CII, as determined in accordance with Regulation 28 of Annex VI, for the next 3 years,
(c)an implementation plan documenting how the required annual operational CII will be achieved during each of the next 3 years, and
(d)a procedure for self-evaluation and improvement.]
Textual Amendments
4. The methodology referred to in paragraph 3 [F8and 3A] must be approved by a Certifying Authority before the submission of the data.
Textual Amendments
F8Words in Sch. 4 para. 4 inserted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(15)(g)
5. The owner of a ship must collect the data, specified in Appendix IX of Annex VI, for each year or part of a year, as appropriate, according to the methodology included in the SEEMP. The owner must submit the data to a Certifying Authority for verification in accordance with the ship’s SEEMP.
6. Upon receipt of the data collected pursuant to paragraph 5 the Certifying Authority must determine whether the data has been reported in accordance with [F9Regulation 27] of Annex VI.
Textual Amendments
F9Words in Sch. 4 para. 6 substituted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(15)(h)
6A. The owner of a CII regulated ship must use the data collected in accordance with paragraph 5, to calculate the attained annual operational CII of the ship for the preceding calendar year, taking into account the relevant IMO Guidelines.]
Textual Amendments
[F106B. The owner of a CII regulated ship must report its attained annual operational CII to a Certifying Authority by 31st March of the year following the year to which the data relate.]
Textual Amendments
[F106C. Upon receipt of the attained annual operational CII, the Certifying Authority must, taking into account the relevant IMO Guidelines—
(a)verify that the attained annual operational CII reported is based on the data submitted in accordance with Regulation 27 of Annex VI, and
(b)based on the verified attained annual operational CII, determine the operational carbon intensity rating of the ship in accordance with Regulation 28.6 of Annex VI.]
Textual Amendments
[F106D. Where a CII regulated ship has been rated by a Certifying Authority as “D” for three consecutive years, or as “E” for any year, the Certifying Authority shall inform the owner of the ship and the owner of the ship must—
(a)review the SEEMP and include in it a plan of corrective actions to achieve the required annual operational CII, which must be developed taking into account the relevant IMO Guidelines, and
(b)submit the revised SEEMP to the Certifying Authority which determined that ship’s operational carbon intensity rating within one month, or no later than the 30th April immediately after the date on which the ship’s attained annual operational CII was reported under paragraph 6B.]
Textual Amendments
7. The Certifying Authority must issue a Statement of Compliance no later than five months after the beginning of the year in which the data were reported if—
(a)it is satisfied that the fuel oil consumption data have been reported in accordance with Regulation 27 of Annex VI.
(b)in cases where paragraph 6D applies, it is satisfied that the revised SEEMP meets the requirements of paragraph 6D(a).]
Textual Amendments
8. The Statement of Compliance must be drawn up in accordance with the form in Appendix X to Annex VI.
9. The Statement of Compliance is valid for the year in which it is issued and for the first five months of the following year.
F1210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Sch. 4 para. 10 omitted (24.4.2023) by virtue of The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(15)(k)
11. The owner of a ship must report the data that has been verified in accordance with paragraph 6 to the MCA.]