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

Changes over time for: The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 (Schedules only)

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Regulation 2

SCHEDULE 1Gross tonnage

1.  The “gross tonnage” of a United Kingdom ship is to be determined in accordance with paragraphs 3 to 7. The “gross tonnage” of a ship other than a United Kingdom ship is to be determined in accordance with paragraphs 8 to 10.

2.  In this Schedule—

“the 1997 Regulations” means the Merchant Shipping (Tonnage) Regulations 1997(1);

“length overall” and “length” (except in the expression “length overall”) have the same meaning as in the 1997 Regulations; and

“the Tonnage Convention” means the International Convention on Tonnage Measurement of Ships, 1969(2).

United Kingdom ships

3.  In the case of a ship of 24 metres in length or over for which the Secretary of State permits the continuing use of a gross tonnage pursuant to regulation 12(1) of the 1997 Regulations, the “gross tonnage” is the smaller of—

(a)the largest gross tonnage permitted for that ship pursuant to regulation 12(1) of the 1997 Regulations; and

(b)the gross tonnage of the ship determined in accordance with regulation 6 of the 1997 Regulations.

4.  In the case of any other ship of 24 metres in length or over, the “gross tonnage” is the gross tonnage of the ship determined in accordance with regulation 6 of the 1997 Regulations.

5.  In the case of a fishing vessel of 15 metres or more in length overall but less than 24 metres in length, the “gross tonnage” is the tonnage of the vessel determined in accordance with regulations 6 and 12C(3) of the 1997 Regulations.

6.  In the case of a fishing vessel of less than 15 metres in length overall and less than 24 metres in length, the “gross tonnage” is the Registered Tonnage of the vessel determined in accordance with regulation 7 of the Merchant Shipping (Fishing Vessels – Tonnage) Regulations 1988(4).

7.  In the case of any other ship of less than 24 metres in length, the “gross tonnage” is the tonnage of the ship determined in accordance with regulation 14(2) of the 1997 Regulations.

Ships other than United Kingdom ships

8.  Subject to paragraph 9, in the case of a ship which has a gross tonnage determined in accordance with the Tonnage Convention, the “gross tonnage” is that gross tonnage.

9.  Where a ship has a gross tonnage determined in accordance with the Tonnage Convention but the State whose flag the ship flies or is entitled to fly permits the use of some other gross tonnage, the “gross tonnage” of the ship is the smaller of—

(a)the largest gross tonnage permitted by the flag State to be used for that ship; and

(b)the gross tonnage determined in accordance with the Tonnage Convention.

10.  In the case of a ship which does not have a gross tonnage determined in accordance with the Tonnage Convention, the “gross tonnage” is the gross tonnage or equivalent measure determined in accordance with the law of the State whose flag the ship flies or is entitled to fly (and where the ship has more than one such gross tonnage or equivalent measure, the “gross tonnage” is to be taken to be the largest of them).

Regulation 21(2)

SCHEDULE 2Engines excluded from regulation 21

1.  Regulation 21 does not apply to any—

(a)equipment or other device intended to be used solely in case of an emergency including any emergency diesel engine and any diesel engine installed in a lifeboat,

(b)diesel engine installed on a ship solely engaged in voyages within United Kingdom waters provided that the engine is subject to an alternative nitrogen oxide control measure that has been approved by the Secretary of State,

(c)marine diesel engine with a power output of more than 130 kW which is installed on or in a recreational craft or personal watercraft placed on the market within the European Economic Area.

2.  In this Schedule—

“marine diesel engine” means any reciprocating internal combustion engine operating on liquid or dual fuel, to which regulations 5, 6 and 13 of Annex VI apply, including booster and compound systems, if applied;

“recreational craft” means any boat of any type intended for sports and leisure purposes of hull length from 2.5 metres to 24 metres measured according to the harmonised standard, fitted with a marine diesel engine of over 130 kW and whether used for charter or recreational boating;

“personal watercraft” means a vessel less than 4 metres in length which uses an internal combustion engine having a jet water pump as its primary source of propulsion and designed to be operated by a person sitting, standing or kneeling on, rather than within the confines of, the hull;

“placed on the market” has the same meaning as in the Directive;

“the Directive” means Directive 94/25/EC(5) of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the member states relating to recreational craft as amended by Directive 2003/44/EC of the European Parliament and of the Council of 16th June 2003(6).

Regulation 22

[F1SCHEDULE 2ASulphur oxides

Textual Amendments

Interpretation

1.  In this Schedule—

F2...

“approved exhaust gas cleaning system” means an exhaust gas cleaning system approved in accordance with Merchant Shipping Notice 1734 (M+F) or Merchant Shipping Notice 1735 (M+F) as appropriate;

[F3“emission abatement method” means any fitting, material, appliance or apparatus to be fitted in a ship or other procedure, alternative fuel or compliance method, used as an alternative to low sulphur marine fuel meeting the requirements set out in the [F42016 Directive] that is verifiable, quantifiable and enforceable;]

F5...

F5...

“marine fuel” means any petroleum based liquid fuel intended for use or in use on board a vessel including those fuels defined in ISO 8217 (2005);

F5...

Textual Amendments

Control of sulphur oxide emissions: general provisions

2.—[F6(1) This paragraph applies to any ship unless paragraph 4(3) or a permission granted under paragraph 6 or 7 applies to it.

(2) While a ship to which this paragraph applies is within a sulphur oxide emission control area it must comply with at least one of the following conditions—

(a)the sulphur content of any fuel oil used on board the ship must not exceed 1.0 per cent by mass, reducing to 0.10 per cent by mass after 31st December 2014,

(b)the sulphur content of any fuel used on board the ship exceeds 3.5 per cent by mass and the ship is using an emission abatement method complying with [F7Article 8 of the 2016 Directive] operating in closed mode,

(c)an approved exhaust gas cleaning system must be applied to ensure that the total emission of sulphur oxide from the ship, including both auxiliary and main propulsion engines, do not exceed the relevant amounts specified in paragraph 4 of Schedule 3 to Merchant Shipping Notice 1819(M+F),

(d)any other technological method to limit sulphur oxide emissions must be used that has been—

(i)approved for the purposes of these Regulations by the Secretary of State in accordance with the provisions of a Merchant Shipping Notice, or

(ii)authorised for the purposes of Annex VI by a contracting government other than the United Kingdom.

(3) While a ship to which this paragraph applies is not within a sulphur oxide emission control area it must not use fuel oil which has a sulphur content exceeding 3.5 per cent by mass, or as the case may be 0.50 per cent by mass, unless the ship is using an emission abatement method subject to [F7Article 8 of the 2016 Directive] operating in closed mode.

(4) The master of any ship using separate fuel oils to comply with sub paragraph 2(a) must—

(a)allow sufficient time for the fuel oil service system to be fully flushed of all fuels containing sulphur exceeding 1.0 per cent, or as the case may be 0.10 per cent, by mass prior to entry into a sulphur oxide emission control zone, and

(b)record in accordance with paragraph 5 the details of any fuel changeover operation.]

(5) The master must ensure that waste streams from the use of an approved exhaust gas cleaning system pursuant to sub-paragraph (2)(b) are not discharged into a port, harbour or estuary unless it is thoroughly documented that those waste streams will have no adverse impact on the ecosystems of the port, harbour or estuary.

Textual Amendments

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

[F8(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 [F9paragraphs 2 and 4 of Article 8, and Article 9, of the 2016 Directive] by an EEA State other than the United Kingdom.]

[F10(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

“regular service” means a series of crossings operated so as to serve traffic between the same two or more ports within the European Union, or a series of voyages from and to the same port 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

Maximum content of marine fuel used by ships at berth F11...

4.—(1) This paragraph applies to—

F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a ship at berth.

(2) This paragraph does not apply to—

(a)a ship at berth for that period of time which is sufficient to allow the crew to complete any necessary fuel changeover operations—

(i)as soon as possible after arrival at berth, and

(ii)as late as possible before departure,

(b)a ship which, according to published timetables, is due to be at berth for less than two hours,

(c)a ship which switches off all engines and uses shore-side electricity while at berth [F13or],

F14(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(e)a ship using an emission abatement method that has been—

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

(ii)authorised for the purposes of [F16paragraphs 2 and 4 of Article 8, and Article 9, of the 2016 Directive] by an EEA State other than the United Kingdom.]

(3) A ship F17... to which this paragraph applies must not use marine fuel which has a sulphur content exceeding 0.10 per cent by mass.

(4) The master of a ship F18... to which this paragraph applies must record in accordance with paragraph 5 the details of any fuel changeover operation.

(5) In this paragraph—

F19...

“ship at berth” means a ship which is securely moored or anchored in a United Kingdom port while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations.

Textual Amendments

Records in ship’s logbook

[F205.—(1) A record made pursuant to paragraph 2(4)(b) or 3(5) of a fuel changeover operation consisting of a change from fuel oil having a sulphur content exceeding 1.0 per cent by mass, or as the case may be 0.10 per cent by mass, to fuel oil having a sulphur content not exceeding 1.0 per cent by mass, or as the case may be 0.10 per cent by mass, must state—

(a)the time, date and position of the ship when the operation is completed, and

(b)the amount, in each tank at that time, of fuel oil having a sulphur content not exceeding 1.0 per cent by mass, or as the case may be 0.10 per cent by mass.

(2) A record made pursuant to paragraph 2(4)(b) or 3(5) of a fuel changeover operation consisting of a change from fuel oil having a sulphur content not exceeding 1.0 per cent by mass, or as the case may be 0.10 per cent by mass, to fuel oil having a sulphur content exceeding 1.0 per cent by mass, or as the case may be 0.10 per cent by mass, must state—

(a)the time, date and position of the ship when the operation commenced, and

(b)the amount, in each tank at that time, of fuel oil having a sulphur content not exceeding 1.0 per cent by mass, or as the case may be 0.10 per cent by mass.

(3) A record made pursuant to paragraph 4(4) of a fuel changeover operation consisting of a change from fuel oil having a sulphur content exceeding 1.0 per cent by mass, or as the case may be 0.10 per cent by mass, to a fuel oil having a sulphur content not exceeding 1.0 per cent by mass, or as the case may be 0.10 per cent by mass, must state—

(a)the time and date when the operation commenced and is completed, and

(b)the amount in each tank at that time, of fuel oil having a sulphur content not exceeding 1.0 per cent by mass, or as the case may be 0.10 per cent by mass.

(4) A record made pursuant to paragraph 4(4) of a fuel changeover operation consisting of a change from fuel oil having a sulphur content not exceeding 1.0 per cent by mass, or as the case may be 0.10 per cent by mass, to fuel oil having a sulphur content exceeding 1.0 per cent by mass, or as the case may be 0.10 per cent by mass, must state—

(a)the time and date when the operation commenced and is completed, and

(b)the amount, in each tank at that time, of fuel oil having a sulphur content not exceeding 1.0 per cent by mass, or as the case may be 0.10 per cent by mass.

(5) The master of a ship making a record referred to in sub-paragraph (1), (2), (3) or (4) must make it—

(a)in the case of a United Kingdom ship, in a log book in the format prescribed in Appendix 6 to Merchant Shipping Notice 1819 (M+F),

(b)in the case of any other ship, in a ship’s log book.]

Textual Amendments

Trials of emission abatement technologies

6.—(1) The Secretary of State may on application in writing by the owner of a ship grant permission for the ship to use emission abatement technologies for trial purposes—

(a)if the ship is a United Kingdom ship, or

(b)while the ship is operating within—

(i)United Kingdom waters, or

(ii)controlled waters.

(2) A permission under sub-paragraph (1) is valid only if it—

(a)is in writing, and

(b)contains a limit on the period of the trial, such period not to exceed 18 months.

(3) Subject to sub-paragraph (6), a permission under sub-paragraph (1) may—

(a)include such conditions as the Secretary of State believes appropriate to the trial in question, and

(b)be varied or revoked at any time by the Secretary of State giving written notice to the owner.

(4) The Secretary of State must—

(a)at least six months before an intended trial begins, give notice of that trial in writing to—

(i)the European Commission, and

(ii)any port State concerned, and

(b)within six months of completion of the trial, provide the Commission with a copy of the full results referred to in sub-paragraph (6)(e).

(5) For the purposes of sub-paragraph (4)(a)(ii), a port State concerned is a State to or from which a ship intends to operate during the intended trial.

(6) Any permission granted under sub-paragraph (1) is subject to the following conditions—

(a)tamper-proof equipment must be installed on the ship to monitor continuously funnel gas emissions and such equipment must be used throughout the trial,

(b)emission reductions must be achieved which are at least equivalent to those which would have been achieved by the use of any fuel oil which complied with paragraph 2(2)(a), 3(3) or 4(3) as applicable,

(c)proper waste management systems must be in place during the trial in respect of any waste generated by the emission abatement technologies,

(d)throughout the trial, the owner must carry out an assessment of the impacts on the marine environment, particularly the ecosystems in enclosed ports, harbours and estuaries, and

(e)within five months of completion of the trial, the owner must—

(i)provide full results of the assessment referred to in paragraph (d) to the Secretary of State, and

(ii)make those results publicly available.

Permission to use [F21emission abatement methods]

7.—(1) The Secretary of State may on application in writing by the owner of a ship grant permission for the ship to use [F22emission abatement methods] while paragraph 3 F23... applies to it.

(2) A permission under sub-paragraph (1) is valid only if it is in writing.

(3) Subject to [F24sub-paragraph (5)], a permission under sub-paragraph (1) may—

(a)include such conditions as the Secretary of State believes appropriate, and

(b)be varied or revoked at any time by the Secretary of State giving written notice to the owner.

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

(5) Any permission granted under sub-paragraph (1) is subject to the following conditions—

(a)emission reductions must be continuously achieved which are at least equivalent to those which would have been achieved by the use of fuel oil which complied with paragraph 2(2)(a), 3(3) or 4(3) as applicable,

(b)the ship must be fitted with continuous emission monitoring equipment, and

(c)there must be a record that thoroughly documents that any waste streams discharged into enclosed ports, harbours and estuaries have no impact on the ecosystems of those ports, harbours and estuaries based on any criteria communicated by the authorities of port States to the IMO.]

Textual Amendments

Restriction on the marketing of marine diesel oil

F268.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restriction on the marketing of marine gas oil

F279.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Analysis

10.—(1) Analysis of marine fuel to determine its sulphur content must be in accordance with the provisions of sub-paragraphs (2) to [F28(3)].

[F29(2) The reference method adopted for determining the sulphur content must be ISO method 8754 (2003) or BS EN 14596.

(3) In order to determine whether marine fuel delivered to and used on board ships is compliant with the sulphur limits required by [F30Articles 4, 5, 6 and 7 of the 2016 Directive] the fuel verification procedure set out in Appendix VI to Annex VI must be used.]

Textual Amendments

Regulation 25(7)(b)

SCHEDULE 3Information to be included in a bunker delivery note

1.  Name and IMO number of receiving ship.

2.  Harbour where delivery takes place.

3.  Date of commencement of delivery.

4.  Name, address and telephone number of fuel oil supplier or local supplier of fuel oil.

5.  Product name.

6.  Quantity in metric tons.

[F317.  Density at 15°C (kg/m3) where the fuel has been tested in accordance with ISO 3675.]

Textual Amendments

8.  Sulphur content (%m/m) where the fuel has been tested in accordance with ISO 8754(7).

9.  A declaration signed and certified by the fuel oil supplier’s representative that the fuel oil supply is in conformity with regulations 14(1) or 14(4)(a) (as applicable) and 18(1) of Annex VI.

Regulation 25A

[F32SCHEDULE 4Collection and reporting of fuel consumption data

Textual Amendments

Interpretation

1.  Expressions used in this Schedule have the same meaning as in Annex VI.

Application

2.  This schedule applies to ships of 5,000 GT and above.

Ship Energy Efficiency Management Plan

3.  A ship’s SEEMP must include a description of the methodology that will be used to collect the data required by regulation 22A.1 of Annex VI which will be used to report the data to a Certifying Authority.

4.  The methodology referred to in paragraph 3 must be approved by a Certifying Authority before the submission of the data.

Collection and reporting of ship fuel oil consumption data

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.

Verification of Data

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 regulation 22A of Annex VI.

Statement of Compliance

7.  If the data has been reported in compliance with Annex VI, the Certifying Authority must issue a Statement of Compliance relating to the fuel oil consumption of the ship no later than five months after the beginning of the year in which the data was reported.

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.

Statement of Compliance to be kept on Board Ship

10.  The owner and master of the ship to which the Statement of Compliance relates must ensure that it is kept on board that ship during the period while the Statement of Compliance is valid.

Reporting of Data

11.  The owner of a ship must report the data that has been verified in accordance with paragraph 6 to the MCA.]

(2)

Cmnd 4332.

(3)

Regulation 12C was inserted by regulation 2(2) of S.I. 1998/1916.

(5)

O.J. L164, 30.6.1994 15 -38.

(6)

O.J. L214, 26.8.2003 18-35.

(7)

ISO Standard – Petroleum Products – Determination of Sulphur Content – Energy Dispersive X-Ray Fluorescence Spectrometry: ISO Publication: ISBN 0-580-42400-6.

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