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

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 [F1the United Kingdom or] the European Economic Area.

Textual Amendments

[F21A.  Regulation 21(4D) does not apply to a marine diesel engine which is installed on a ship which—

(a)is constructed before 1st January 2021 and—

(i)is specifically designed and used solely for recreational purposes;

(ii)has a hull length of 24 metres or over; and

(iii)is less than 500 GT; or

(b)has a combined nameplate propulsion power of less than 750 kW, if it is demonstrated to the satisfaction of the Secretary of State that the ship cannot comply with regulation 21(4D) because of design or construction limitations.]

Textual Amendments

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 21(4D)

[F3Schedule 2ZAEmissions exempted from regulation 21(4D)

Textual Amendments

1.  If the conditions set out in paragraph 2 are satisfied, no account may be taken when applying regulation 21(4D) of any emission from an engine which occurs during the relevant period specified in paragraph 3—

(a)following the building and sea trials of a newly constructed ship; or

(b)before and after conversion, repair or maintenance of a ship fitted with or maintenance or repair of—

(i)an engine certified to the emission standard in regulation 21(4B); or

(ii)a dual fuel engine during any period when gas fuel or gas cargo may not be carried on board in order to comply with applicable safety requirements.

2.  Paragraph 1 only applies if—

(a)the engine in question is certified to the emission standard in regulation 21(4B); and

(b)the ship in question—

(i)proceeds to or from the relevant shipyard or other repair facility by the most direct route;

(ii)does not load or unload cargo during the occurrence of the emission in question;

(iii)complies with any routing directions of the port State in which that shipyard or other facility is located.

3.  For the purpose of paragraph 1, the relevant period is—

(a)in the case of paragraph 1(a), the period beginning when the ship is delivered from the relevant shipyard, including sea trials and ending when the ship—

(i)leaves the emission control area in which that shipyard is located by the most direct route; or

(ii)if fitted with a dual fuel engine, proceeds to the nearest appropriate gas fuel bunkering facility by the most direct route;

(b)in the case of paragraph 1(b)(i), the period beginning when the ship enters the emission control area in which the relevant shipyard or other repair facility is located and ending when the ship—

(i)is released from that shipyard or facility; or

(ii)if sea trials are applicable, leaves that area by the most direct route after performing those trials;

(c)in the case of paragraph 1(b)(ii), the period beginning when the ship—

(i)enters the emission control area in which the relevant shipyard or other repair facility is located; or

(ii)is degassed in that area and proceeds to that shipyard or other facility by the most direct route,

and ending when the ship—

(iii)leaves that area by the most direct route after being released from that shipyard or other facility; or

(iv)proceeds to the nearest appropriate gas fuel bunkering facility by the most direct route.]

Regulation 22

[F4SCHEDULE 2ASulphur oxides

Textual Amendments

Interpretation

1.  In this Schedule—

F5...

“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;

[F6“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 [F7fuel oil] meeting the requirements set out in the [F82016 Directive] that is verifiable, quantifiable and enforceable;]

F9...

F9...

F10...

F9...

Textual Amendments

Control of sulphur oxide emissions: general provisions

2.—[F11(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 [F12an] 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 F13... 0.10 per cent by mass F13...,

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)an [F15emission abatement method] 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.

[F16(3) A ship to which this paragraph applies must not use or carry for use fuel oil which has a sulphur content exceeding 0.50 per cent by mass without applying an emission abatement method.]

[F17(3A) Any emission abatement method applied to the use of fuel oil which has a sulphur content exceeding 3.5 per cent by mass must—

(a)comply with Article 8 of the 2016 Directive; and

(b)be operated 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 [F180.10 per cent by mass prior to entry into an 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 F19... 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

F203.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Maximum content of [F21fuel oil] used by ships at berth F22...

4.—(1) This paragraph applies to—

F23(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 [F24or],

F25(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(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 [F27paragraphs 2 and 4 of Article 8, and Article 9, of the 2016 Directive] by an EEA State F28....]

(3) A ship F29... to which this paragraph applies must not use [F30fuel oil] which has a sulphur content exceeding 0.10 per cent by mass.

(4) The master of a ship F31... to which this paragraph applies must record in accordance with paragraph 5 the details of any fuel changeover operation.

(5) In this paragraph—

F32...

“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

5.—[F33(1) A record made pursuant to paragraph 2(4)(b) F34... of a fuel changeover operation consisting of a change from fuel oil having a sulphur content exceeding F35... 0.10 per cent by mass, to fuel oil having a sulphur content not exceeding F35... 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 F35... 0.10 per cent by mass.

(2) A record made pursuant to paragraph 2(4)(b) F36... of a fuel changeover operation consisting of a change from fuel oil having a sulphur content not exceeding F37... 0.10 per cent by mass, to fuel oil having a sulphur content exceeding F37... 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 F37... 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 F38... 0.10 per cent by mass, to a fuel oil having a sulphur content not exceeding F38... 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 F38... 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 F39... 0.10 per cent by mass, to fuel oil having a sulphur content exceeding F39... 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 F39... 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.]

[F40(6) For the purposes of sub-paragraphs (5)(a) and (b), a log book includes an electronic record 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.

[F41(4) The Secretary of State must, at least six months before an intended trial begins, give notice of that trial in writing to any port State concerned.]

(5) For the purposes of sub-paragraph (4)F42..., 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.

Textual Amendments

Permission to use [F43emission 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 [F44emission abatement methods] while paragraph 3 F45... applies to it.

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

(3) Subject to [F46sub-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.

F47(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

F488.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restriction on the marketing of marine gas oil

F499.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Analysis

10.—(1) Analysis of [F50fuel oil] to determine its sulphur content must be in accordance with the provisions of sub-paragraphs (2) to [F51(3)].

[F52(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 [F53fuel oil] delivered to and used on board ships is compliant with the sulphur limits required by [F54Articles 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)

F55SCHEDULE 3Information to be included in a bunker delivery note

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F58Regulation 25B]

[F56SCHEDULE 4Collection and reporting of fuel consumption data [F57and operational carbon intensity]

Textual Amendments

Interpretation

[F591.  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

Application

F602.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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 [F61Regulation 27.1] of Annex VI which will be used to report the data to a Certifying Authority.

Textual Amendments

[F623A.  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 [F63and 3A] must be approved by a Certifying Authority before the submission of the data.

Textual Amendments

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 [F64Regulation 27] of Annex VI.

Textual Amendments

[F65Operational carbon intensity indicator

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

[F656B.  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

[F656C.  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

[F656D.  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

[F66Statement of Compliance

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.

Statement of Compliance to be kept on Board Ship

F6710.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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.