The Merchant Shipping (Prevention of Air Pollution from Ships) and Motor Fuel (Composition and Content) (Amendment) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Directive 2012/33/EU of the European Parliament and of the Council of 21st November 2012 (O.J. L327, 27.11.2012, p.1) which amends Council Directive 1999/32/EC (O.J. L121, 11.5.1999, p.13) as regards the sulphur content of marine fuels (“the Directive”).

Regulation 2 amends the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 (the “2008 Regulations”). The principal changes made to the 2008 Regulations are:

(a) a reduction in the maximum sulphur content of fuel used in a sulphur oxide emission control area from 1.50 per cent to 1.0 per cent by mass, reducing to 0.10 per cent from 1st January 2015, and

(b) a reduction in the maximum sulphur content of fuel not intended to be used in a sulphur oxide emission control area from 4.5 per cent to 3.5 per cent by mass from 1st January 2015, and reducing to 0.50 per cent from 1st January 2020.

A new regulation 37 is added to the 2008 Regulations which requires the Secretary of State to review the operation and effect of the 2008 Regulations and to publish a report before 16th December 2019 and within every five years after that. Following a review, it will fall to the Secretary of State to consider whether the 2008 Regulations should remain as they are or be revoked or be amended. A further instrument would be needed to revoke the 2008 Regulations or amend them.

Regulation 3 amends the Motor Fuel (Composition and Content) Regulations 1999 to reflect the revised methods to be used for determining the sulphur content of fuels required by the Directive and amending the definitions of marine diesel oil, marine gas oil, and marine fuel to accord with the Directive.

Merchant Shipping Notices and Marine Guidance Notes are published by the MCA. Copies are available from M-Notices Subscriptions, P O Box 362, Europa Park, Grays, Essex RM17 9AY (telephone number 01375 484548; fax [phone]; e-mail orders [e-mail]). They may also be accessed on the MCA’s website www.mcga.gov.uk, which also has details of any amendments or replacements.

Copies of the British Standards publications referred to in these Regulations may be obtained from any of the outlets operated by the British Standards Institution, or by post from the British Standards Institution at Standards House, 389 Chiswick High Road, London W4 4AL. The 1999 Annual Book at ASTM Standards is available from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428, USA.

A full impact assessment of the effect that these Regulations will have on the costs of business and the voluntary sector is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and is published with the Explanatory Memorandum alongside these regulations at http://www.legislation.gov.uk.