S.I. No. 313/2010 - Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2010

ARRANGEMENT OF REGULATIONS

PART 1 General

1.

2.

3.

4.

5.

PART 2 Survey, certification and means of control

6.

7.

8.

9.

10.

PART 3 Requirements for control of emissions from ships

11.

12.

13.

14.

15.

16.

17.

PART 4 Revocation

18.

SCHEDULE ANNEX VI of the MARPOL Convention

S.I. No. 313 of 2010

SEA POLLUTION (PREVENTION OF AIR POLLUTION FROM SHIPS) REGULATIONS 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd July, 2010.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by sections 10, 11, 12, 14 (each as amended by the Sea Pollution (Miscellaneous Provisions) Act 2006 (No. 29 of 2006)), 15 and 17 of the Sea Pollution Act 1991 (No. 27 of 1991) and the Maritime, Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 ( S.I. No. 842 of 2005 ) and for the purpose of giving effect to Annex VI to the MARPOL Convention, hereby make the following regulations:

PART 1 GENERAL

Citation.

• (2) These Regulations come into operation on 1 July 2010.

Interpretation.

“Act” means the Sea Pollution Act 1991 (No. 27 of 1991);

“Annex VI” means revised Annex VI to the MARPOL Convention (and for ease of reference the text of Annex VI is set out in the Schedule to these Regulations);

“emission” means any release of substances, subject to control by Annex VI, from ships into the atmosphere or sea;

“IAPP Certificate” means an International Air Pollution Certificate;

“inspector” means an officer appointed by the Minister under Regulation 5(1) of the European Communities Merchant Shipping (Port State Control) Regulations 1998 ( S.I. No. 145 of 1998 );

“MARPOL Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, done at London on 2 November 1973, as amended by the Protocols of 1978 and 1997;

“Organization” means the International Maritime Organization;

“Party” means a state (other than the State) that has ratified the MARPOL Convention;

“qualified person” means a surveyor of ships or a recognised organisation;

“recognised organisation” means an organisation authorised by the Minister under the European Communities (Ship Inspection and Survey Organisations) Regulations 2003 ( S.I. No. 301 of 2003 ) to carry out surveys or inspections;

“surveyor” means a surveyor of ships or an inspector appointed under section 20 of the Act for the purposes of section 17.

• (2) Where standards and guidelines developed by the Organization and referred to in these Regulations are amended after these Regulations come into operation, the reference shall be taken to be a reference to the standards and guidelines as amended.

• (3) If a word or expression that is not defined in these Regulations is used in these Regulations and is also used in Annex VI, the word or expression has, unless the context otherwise requires, the same meaning in these Regulations as in that Annex.

• (4) A reference in a form set out in the Schedule to a regulation is to a regulation of Annex VI.

Application.

• (a) in the State (within the meaning of section 3(2A) (inserted by section 93(4) of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006)) of the Sea Pollution Act 1991 (No. 27 of 1991)), or

• (b) registered in the State.

Emission of substances subject to control by Annex VI.

Equivalents.

PART 2 SURVEYS, CERTIFICATION AND MEANS OF CONTROL

Survey and certification.

• (2) In particular, the surveys shall be done in the manner, and at the times, required by Regulation 5 of Annex VI.

• (3)
• (a) A survey of ships as regards the enforcement of these Regulations shall be carried out by a qualified person.

• (b) A survey of marine diesel engines and equipment for compliance with Regulation 12 shall be conducted in accordance with the revised NOx Technical Code 2008.

• (4)
• (a) The equipment of a ship shall be maintained to conform with the provisions of these Regulations.

• (b) After any survey has been carried out in accordance with Annex VI no change shall be made in the equipment, systems, fittings arrangements or materials covered by the relevant survey without the express approval of the Minister except the direct replacement of such equipment and fittings with fittings and equipment that conform with the provisions of Annex VI.

• (5)
• (a) Where a qualified person determines that the condition of the equipment does not correspond substantially with the particulars of the IAPP Certificate, he or she shall require corrective action to be taken and in due course notify the Minister.

• (b) If the required corrective action is not taken, the Minister shall withdraw the IAPP Certificate.

• (c) If the ship is in the port of a Party, the appropriate authorities of that Party shall also be notified.

• (6) Whenever an accident occurs to a ship, or a defect is discovered that substantially affects the integrity of the ship or the efficiency or completeness of its equipment covered by these Regulations, the master or owner of the ship shall report at the earliest opportunity to the Minister or to the qualified person responsible for issuing the relevant Certificate.

Issue and endorsement of IAPP Certificate.

• (a) any ship of 400 gross tonnage and above engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties;

• (b) platforms and drilling rigs engaged in voyages to waters under the sovereignty or jurisdiction of other Parties.

• (2) Where—

• (a) a ship entitled to fly the flag of the State, or

• (b) a ship that, although not entitled to fly the flag of the State, operates under the authority of the State,

has been constructed before 19 May 2005, it shall be issued with an IAPP Certificate in accordance with paragraph (1) no later than the first scheduled dry-docking after 19 May 2005 but in no case no later than 3 years after that date.

• (3) An IAPP Certificate shall be issued or endorsed, as appropriate, by a qualified person.

• (4) An IAPP Certificate shall not be issued to a ship which is entitled to fly the flag of a State which is not a Party.

Form of IAPP Certificate.

Duration and validity of IAPP Certificate.

• (2) Notwithstanding paragraph (1)—

• (a) when the renewal survey is completed within 3 months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing Certificate,

• (b) when the renewal survey is completed after the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing Certificate,

• (c) when the renewal survey is completed more than 3 months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey.

• (3) If an IAPP Certificate is issued for a period of less than 5 years, a qualified person may extend the validity of the Certificate beyond the expiry date to the maximum period specified in paragraph (1), provided that an intermediate survey under Regulation 5.1.3 of Annex VI and an annual survey under Regulation 5.1.4 of Annex VI are carried out as appropriate.

• (4) If a renewal survey has been completed and a new Certificate cannot be issued or placed on board the ship before the expiry date of the existing Certificate, a qualified person may endorse the existing Certificate and the Certificate shall be valid for a further period not exceeding 5 months from the expiry date.

• (5) If a ship at the time when an IAPP Certificate expires is not in a port in which it is to be surveyed, the Minister may extend the period of validity of the Certificate. Such an extension shall be granted, where it appears proper and reasonable to do so, only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed. A Certificate shall not be extended for a period longer than 3 months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new Certificate. When the renewal survey is completed, the new Certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing Certificate before the extension was granted.

• (6) An IAPP Certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this Regulation may be extended by the Minister for a period of grace of up to one month from the date of expiry stated in it. When the renewal survey is completed, the new Certificate shall be valid to a date not exceeding 5 years from the expiry date of the existing Certificate before the extension was granted.

• (7) In such special circumstances as the Minister may determine, a new IAPP Certificate need not be dated from the date of expiry of the existing Certificate as required by paragraph (2)(a), (5) or (6). In such a case, the new Certificate shall be valid to a date not exceeding 5 years from the date of completion of the renewal survey.

• (8) Where—

• (a) an annual survey is completed before the period specified in Regulation 5.1.4 of Annex VI, or

• (b) an intermediate survey is completed before the period specified in Regulation 5.1.3 of Annex VI,

then—

• (i) the anniversary date shown on the certificate shall be amended by endorsement to a date which shall not be more than 3 months later than the date on which the relevant survey was completed,

• (ii) the subsequent annual or intermediate survey shall be completed at the intervals required by Regulation 5.1.4 of Annex VI in the case of an annual survey and Regulation 5.1.3 of that Annex in the case of an intermediate survey using the new anniversary date,

• (iii) the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys allowed by Regulation 5 of Annex VI are not exceeded.

• (9) An IAPP certificate shall cease to be valid—

• (a) if the relevant survey under Regulation 5 of Annex VI is not completed within the period specified in that Regulation,

• (b) if the certificate is not endorsed in accordance with Regulation 5.1.3 or 5.1.4 of Annex VI, or

• (c) if the ship transfers to the flag of another state.

Detection of violations and enforcement.

• (2)
• (a) If an inspector, having inspected a ship, has reason to believe that the ship is in contravention of these Regulations, the inspector shall so inform the master of the ship.

• (b) The inspector shall also report to the Minister setting out the evidence of the contravention.

PART 3 REQUIREMENTS FOR CONTROL OF EMISSIONS FROM SHIPS

Ozone-depleting substances.

• (2) Subject to section 11 of the Act, any deliberate emission of ozone-depleting substances is prohibited. Deliberate emissions include emissions occurring in the course of maintaining, servicing, repairing or disposing of systems or equipment but do not include any minimal release associated with the recapture or recycling of an ozone-depleting substance.

• (3) Installations which contain ozone-depleting substances (other than hydro-chlorofluorocarbons) are prohibited—

• (a) on ships constructed on or after 19 May 2005,

• (b) on ships constructed before 19 May 2005—

• (i) where there is a contractual delivery date of the equipment to the ship on or after 19 May 2005, or

• (ii) in the absence of a contractual delivery date, where the actual delivery of the equipment to the ship occurs on or after 19 May 2005.

• (4) Installations which contain hydro-chlorofluorocarbons are prohibited—

• (a) on ships constructed on or after 1 January 2020,

• (b) on ships constructed before 1 January 2020—

• (i) where there is a contractual delivery date of the equipment to the ship on or after 1 January 2020, or

• (ii) in the absence of a contractual delivery date, where the actual delivery of the equipment to the ship occurs on or after 1 January 2020.

• (5) The substances referred to in this Regulation, and equipment containing such substances, shall be delivered to appropriate reception facilities when removed from ships.

• (6) A ship subject to Regulation 7(1) shall maintain a list of equipment containing ozone-depleting substances.

• (7) A ship subject to Regulation 7(1) which has rechargeable systems that contain ozone-depleting substances shall maintain, in accordance with paragraph (8), an ozone-depleting substances record book which may form part of an existing log book or electronic recording system approved by the Minister.

• (8) Entries in the ozone-depleting substances record book shall be recorded in terms of mass (kg) of substance and shall be completed without delay on each occasion in respect of the following:

• (a) recharge, full or partial, of equipment containing ozone-depleting substances,

• (b) repair or maintenance of equipment containing ozone-depleting substances,

• (c) deliberate and non-deliberate discharge of ozone-depleting substances to the atmosphere,

• (d) discharge of ozone-depleting substances to land-based reception facilities, and

• (e) supply of ozone-depleting substances to the ship.

Nitrogen Oxides (NOx).

• (a) a marine diesel engine with a power output of more than 130 kW installed on a ship, and

• (b) a marine diesel engine with a power output of more than 130 kW which undergoes a major conversion on or after 1 January 2000 except when—

• (i) it is demonstrated to the satisfaction of the Minister that the replacement engine is identical to the engine which it is replacing, and

• (ii) it is not otherwise covered under subparagraph (a).

• (2) This Regulation does not apply to—

• (a) a marine diesel engine which is intended to be used solely for emergencies, or solely to power any device or equipment intended to be used solely for emergencies on the ship on which it is installed, or a marine diesel engine installed in lifeboats intended to be used solely for emergencies, and

• (b) a marine diesel engine installed in an Irish registered ship which is solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State only if the engine is subject to an alternative NOx control measure established by the Minister.

• (3) Notwithstanding paragraph (1), the Minister may exclude from the application of this Regulation any marine diesel engine which is installed on a ship constructed before 19 May 2005, or for any marine diesel engine which undergoes a major conversion before that date, provided that the ship on which the engine is installed is an Irish registered ship which is solely engaged in voyages to ports or offshore terminals within the State.

• (4)
• (a) For the purpose of this Regulation, “major conversion” means a modification on or after 1 January 2000 of a marine diesel engine that has not already been certified to the standards set forth in paragraphs (5), (6), or (7)(a)(i) where—

• (i) the engine is replaced by a marine diesel engine or an additional marine diesel engine is installed, or

• (ii) any substantial modification, as defined in the revised NOx Technical Code 2008, is made to the engine, or

• (iii) the maximum continuous rating of the engine is increased by more than 10% compared to the maximum continuous rating of the original certification of the engine.

• (b) For a major conversion involving the replacement of a marine diesel engine with a non-identical marine diesel engine or the installation of an additional marine diesel engine, the standards in this Regulation in force at the time of the replacement or addition of the engine shall apply. On or after 1 January 2016, in the case of replacement engines only, if it is not possible for such a replacement engine to meet the standards set forth in paragraph (7)(a)(i) (Tier III in Annex VI), then that replacement engine shall meet the standards set forth in paragraph (6) (Tier II in Annex VI) taking into account relevant guidelines to be developed by the Organization to set forth the criteria of when it is not possible for a replacement engine to meet the standards in paragraph (7)(a)(i).

• (c) A marine diesel engine referred to in paragraph (4)(a)(ii) or (4)(a)(iii) shall meet the following standards:

• (i) for ships constructed prior to 1 January 2000, the standards set forth in paragraph (5) shall apply; and

• (ii) for ships constructed on or after 1 January 2000, the standards in force at the time the ship was constructed shall apply.

• (5) Subject to the provisions of section 11 of the Act, the operation of a marine diesel engine which is installed on a ship constructed on or after 1 January 2000 and prior to 1 January 2011 is prohibited, except when the emission of nitrogen oxides (calculated as the total weighted emission of NO 2 ) from the engine is within the following limits (Tier I in Annex VI), where n = rated engine speed (crankshaft revolutions per minute):

• (a) 17.0 g/kWh when n is less than 130 rpm;

• (b) 45 . n (-0.2) g/kWh when n is 130 or more but less than 2,000 rpm;

• (c) 9.8 g/kWh when n is 2,000 rpm or more.

• (6) Subject to the provisions of section 11 of the Act, the operation of a marine diesel engine which is installed on a ship constructed on or after 1 January 2011 is prohibited, except when the emission of nitrogen oxides (calculated as the total weighted emission of NO2) from the engine is within the following limits (Tier II in Annex VI), where n = rated engine speed (crankshaft revolutions per minute):

• (a) 14.4 g/kWh when n is less than 130 rpm;

• (b) 44 . n (-0.23) g/kWh when n is 130 or more but less than 2,000 rpm;

• (c) 7.7 g/kWh when n is 2,000 rpm or more.

• (7)
• (a) Subject to the provisions of section 11 of the Act, the operation of a marine diesel engine which is installed on a ship constructed on or after 1 January 2016:

• (i) is prohibited except when the emission of nitrogen oxides (calculated as the total weighted emission of NO 2 ) from the engine is within the following limits (Tier III in Annex VI), where n = rated engine speed (crankshaft revolutions per minute):

• (I) 3.4 g/kWh when n is less than 130 rpm;

• (II) 9 . n (-0.2) g/kWh when n is 130 or more but less than 2,000 rpm; and

• (III) 2.0 g/kWh when n is 2,000 rpm or more;

• (ii) is subject to the standards set out in subparagraph (a)(i) when the ship is operating in an Emission Control Area designated under paragraph (8); and

• (iii) is subject to the standards set out in paragraph (6) when the ship is operating outside of an Emission Control Area designated under paragraph (8).

• (b) Subject to the review set forth in regulation 13.10 of Annex VI, the standards set out in subparagraph (a)(i) shall not apply to:

• (i) a marine diesel engine installed on a ship with a length (L), as defined in regulation 1.19 of Annex I to the MARPOL Convention, less than 24 metres when it has been specifically designed, and is used solely, for recreational purposes; or

• (ii) a marine diesel engine installed on a ship with a combined nameplate diesel engine propulsion power of less than 750 kW if it is demonstrated, to the satisfaction of the Minister, that the ship cannot comply with the standards set forth in subparagraph (a)(i) because of design or construction limitations of the ship.

• (8) For the purpose of this Regulation, an Emission Control Area includes any sea area, including any port area, designated by the Organization in accordance with the criteria and procedures set forth in Appendix III of Annex VI.

• (9)
• (a) Notwithstanding subparagraph (1)(a), a marine diesel engine with a power output of more than 5,000 kW and a per cylinder displacement at or above 90 litres installed on a ship constructed on or after 1 January 1990 but prior to 1 January 2000 shall comply with the emission limits set forth in subparagraph (d), provided that an Approved Method for that engine has been certified or accepted by the Minister and such certification has been notified to the Organization. Compliance with this paragraph shall be demonstrated through one of the following:

• (i) installation of the certified Approved Method, as confirmed by a survey using the verification procedure specified in the Approved Method File, including appropriate notation on the ship’s IAPP Certificate of the presence of the Approved Method; or

• (ii) certification of the engine confirming that it operates within the limits set forth in paragraphs (5), (6), or (7)(a)(i) and an appropriate notation of the engine certification on the ship’s IAPPCertificate.

• (b) Subparagraph (a) shall apply no later than the first renewal survey that occurs 12 months or more after deposit of the notification referred to in subparagraph (a). If an owner of a ship on which an Approved Method is to be installed can demonstrate to the satisfaction of the Minister that the Approved Method was not commercially available despite best efforts to obtain it, then that Approved Method shall be installed on the ship no later than the next annual survey of that ship which falls after the Approved Method is commercially available.

• (c) With regard to a ship with a marine diesel engine with a power output of more than 5,000 kW and a per cylinder displacement at or above 90 litres installed on a ship constructed on or after 1 January 1990 but prior to 1 January 2000, the IAPP Certificate shall, for a marine diesel engine to which subparagraph (a) applies, indicate that either an Approved Method has been applied pursuant to subparagraph (a)(i), or the engine has been certified pursuant to subparagraph (a)(ii), or that an Approved Method does not yet exist or is not yet commercially available as described in subparagraph (b).

• (d) Subject to the provisions of section 11 of the Act, the operation of a marine diesel engine described in subparagraph (a) is prohibited, except when the emission of nitrogen oxides (calculated as the total weighted emission of NO 2 ) from the engine is within the following limits, where n = rated engine speed (crankshaft revolutions per minute):

• (i) 17.0 g/kWh when n is less than 130 rpm;

• (ii) 45 . n (-0.2) g/kWh when n is 130 or more but less than 2,000 rpm; and

• (iii) 9.8 g/kWh when n is 2,000 rpm or more.

• (e) Certification of an Approved Method shall be in accordance with chapter 7 of the revised NOx Technical Code 2008 and shall include verification:

• (i) by the designer of the base marine diesel engine to which the Approved Method applies that the calculated effect of the Approved Method will not decrease engine rating by more than 1.0%, increase fuel consumption by more than 2.0% as measured according to the appropriate test cycle set forth in the revised NOx Technical Code 2008, or adversely affect engine durability or reliability; and

• (ii) that the cost of the Approved Method is not excessive, which is determined by a comparison of the amount of NOx reduced by the Approved Method to achieve the standard set forth in subparagraph (d) and the cost of purchasing and installing such Approved Method.

• (10) The revised NOx Technical Code 2008 shall be applied in the certification, testing, and measurement procedures for the standards set forth in this Regulation. The test cycles and weighting factors for verification of compliance of marine diesel engines with the applicable NOx limit in accordance with this Regulation, for use under the test procedure and calculation method as specified in the revised NOx Technical Code 2008, are provided in Appendix II of Annex VI.

• (11) The procedures for determining NOx emissions set out in the revised NOx Technical Code 2008 are intended to be representative of the normal operation of the engine. Defeat devices and irrational emission control strategies undermine this intention and shall not be allowed. This Regulation shall not prevent the use of auxiliary control devices that are used to protect the engine and/or its ancillary equipment against operating conditions that could result in damage or failure or that are used to facilitate the starting of the engine.

Sulphur Oxides (SO x ) and Particulate Matter.

• (a) 4.50% m/m prior to 1 January 2012;

• (b) 3.50% m/m on and after 1 January 2012; and

• (c) 0.50% m/m on and after 1 January 2020.

• (2) For the purpose of this Regulation the following are designated as Emission Control Areas:

• (a) the Baltic Sea area as defined in Regulation 1.11.2 of Annex I of the MARPOL Convention, and the North Sea as defined in Regulation 5(1)(f) of Annex V of the MARPOL Convention, and

• (b) any other sea area, including port areas, designated by the Organization in accordance with criteria and procedures set forth in Appendix III of Annex VI.

• (3) While ships are operating within an Emission Control Area the sulphur content of fuel oil used on board ships shall not exceed the following limits:

• (a) 1.50% m/m prior to 1 July 2010;

• (b) 1.00% m/m on and after 1 July 2010; and

• (c) 0.10% m/m on and after 1 January 2015.

• (4) The sulphur content of fuel oil referred to in paragraphs (1) and (3), shall be documented by its supplier as required by Regulation 17.

• (5) Those ships using separate fuel oils in compliance with paragraph (3) and entering or leaving an Emission Control Area specified in paragraph (2) shall carry a written procedure showing how the fuel oil change-over is to be done, allowing sufficient time for the fuel oil service system to be fully flushed of all fuel oils exceeding the applicable sulphur content specified in paragraph (3) prior to entry into an Emission Control Area. The volume of low sulphur fuel oils in each tank as well as the date, time, and position of the ship when any fuel-oil-change-over operation is completed prior to the entry into an Emission Control Area or commenced after exit from such an area, shall be recorded in such log-book as prescribed by the Minister.

• (6) During the first twelve months immediately following an amendment designating a specific Emission Control Area under paragraph (2)(b), ships operating in that Emission Control Area are exempt from the requirements in paragraphs (3) and (5) and from the requirements of paragraph (4) insofar as they relate to paragraph (3).

Volatile Organic Compounds (VOCs).

• (2) Where tankers are regulated for VOC emissions in accordance with this Regulation the Minister shall cause a notification to be submitted to the Organization containing information on the size of tankers to be controlled, the cargoes requiring vapour emission control systems, and the effective date of such control, at least six months before the effective date.

• (3) Any port or terminal at which VOC emissions from tankers are to be regulated shall provide approved vapour emission control systems which are operated safely, taking into account the safety standards for such systems developed by the Organization (by reference to MSC/Circ.585, Standards for vapour emission control systems), and in a manner so as to avoid undue delay to a ship.

• (4) A tanker to which paragraph (1) applies shall be provided with a vapour emission collection system approved by the Minister taking into account the safety standards for such systems developed by the Organization, (by reference to MSC/Circ.585, Standards for vapour emission control systems), and shall use this system during the loading of relevant cargoes. A port or terminal which has installed vapour emission control systems in accordance with this Regulation may accept tankers which are not fitted with vapour collection systems for a period of three years after the effective date identified in paragraph (2).

• (5) A tanker carrying crude oil shall have on board and implement a VOC Management Plan approved by the Minister. Such a plan shall be prepared taking into account the guidelines developed by the Organization. The plan shall be specific to each ship and shall at least:

• (a) provide written procedures for minimizing VOC emissions during the loading, sea passage and discharge of cargo;

• (b) give consideration to the additional VOCs generated by crude oil washing;

• (c) identify a person responsible for implementing the plan; and

• (d) for ships on international voyages, be written, at least, in the English language.

• (6) This Regulation shall also apply to gas carriers only if the type of loading and containment systems allow safe retention of non-methane VOCs on board or their safe return ashore.

Shipboard Incineration.

• (2) Shipboard incineration of the following substances is prohibited:

• (a) residues of cargoes subject to Annex I, II or III of the MARPOL Convention or related contaminated packing materials;

• (b) polychlorinated biphenyls (PCBs);

• (c) garbage, as defined by Annex V of the MARPOL Convention, containing more than traces of heavy metals;

• (d) refined petroleum products containing halogen compounds;

• (e) sewage sludge and sludge oil either of which are not generated on board the ship;

• (f) exhaust gas cleaning system residues.

• (3) Shipboard incineration of polyvinyl chlorides (PVCs) is prohibited, except in a shipboard incinerator for which an IMO Type Approval Certificate has been issued.

• (4) Shipboard incineration of sewage sludge and sludge oil generated during normal operation of a ship may also take place in the main or auxiliary power plant or boilers, but in those cases, shall not take place inside ports, harbours and estuaries.

• (5) Nothing in this Regulation—

• (a) affects the prohibition in, or other requirements of, the Dumping at Sea Acts 1996 to 2006, or

• (b) precludes the development, installation and operation of alternative design shipboard thermal waste treatment devices that meet or exceed the requirements of this Regulation.

• (6)
• (a) Except as provided in subparagraph (b), an incinerator on a ship constructed on or after 1 January 2000 or an incinerator which is installed on board a ship on or after 1 January 2000 shall meet the requirements contained in Appendix IV of Annex VI. An incinerator subject to this subparagraph shall be approved by the Minister taking into account the standard specification for shipboard incinerators developed by the Organization (by reference to resolution MEPC.76(40) on Standard specification for shipboard incinerators); or

• (b) the Minister may allow exclusion from the application of subparagraph (a) to any incinerator which is installed on board a ship before 19 May 2005; but only if the ship is solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State.

• (7) Incinerators installed in accordance with the requirements of paragraph (6)(a) shall be provided with a manufacturer’s operating manual which is to be retained with the unit and which shall specify how to operate the incinerator within the limits described in paragraph 2 of Appendix IV of Annex VI.

• (8) Personnel responsible for the operation of an incinerator installed in accordance with the requirements of paragraph (6)(a) shall be trained to implement the guidance provided in the manufacturer’s operating manual as required by paragraph (7).

• (9) For incinerators installed in accordance with the requirements of paragraph (6)(a) the combustion chamber gas outlet temperature shall be monitored at all times the unit is in operation. Where that incinerator is of the continuous-feed type, waste shall not be fed into the unit when the combustion chamber gas outlet temperature is below 850°C. Where that incinerator is of the batch-loaded type, the unit shall be designed so that the combustion chamber gas outlet temperature shall reach 600°C within five minutes after start-up and will thereafter stabilize at a temperature not less than 850°C.

Reception facilities.

• (a) facilities at repair ports for the reception, without causing undue delay to ships, of ozone-depleting substances and equipment containing such substances when removed from ships,

• (b) facilities at ports, terminals or repair ports for the reception, without causing undue delay to ships, of exhaust gas cleaning residues from an exhaust gas cleaning system, and

• (c) facilities at ship-breaking facilities for the reception of ozone-depleting substances and equipment containing such substances when removed from ships.

• (2)
• (a) Where a particular port or terminal is, taking into account the guidelines to be developed by the Organization, remotely located from, or lacking in, the industrial infrastructure necessary to manage and process those substances referred to in paragraph (1) and therefore cannot accept such substances, the harbour authority or person having control of that harbour shall inform the Minister so that he or she can cause this information to be submitted to the Organization so that it may be circulated to all Parties and Member States of the Organization for their information and any appropriate action.

• (b) Where a particular port or terminal has reception facilities available to manage and process those substances referred to in paragraph (1), the harbour authority or person having control of that harbour shall inform the Minister so that he or she can cause this information to be submitted to the Organization so that it may be circulated to all Parties and Member States of the Organization for their information and any appropriate action.

• (3) The owner or master of a ship shall notify the Minister for transmission to the Member States of the Organization of all cases where the facilities provided under this Regulation are unavailable or alleged to be inadequate.

Fuel oil availability and quality.

• (2)
• (a) If a ship is found by an inspector not to be in compliance with the standards for compliant fuel oils set out in these Regulations, the Minister may require the ship to—

• (i) present a record of the actions taken to attempt to achieve compliance;

• (ii) provide evidence that it attempted to purchase compliant fuel oil in accordance with its voyage plan and, if it was not made available where planned, that attempts were made to locate alternative sources for such fuel oil and that despite best efforts to obtain compliant fuel oil, no such fuel oil was made available for purchase.

• (b) The ship should not be required to deviate from its intended voyage or to delay unduly the voyage in order to achieve compliance.

• (c) If a ship provides the information required under paragraph (2)(a), the Minister shall take into account all relevant circumstances and the evidence presented to determine the appropriate action to take, including not taking control measures.

• (d) A ship shall notify the Minister and the harbour authority or person having control of the relevant port of destination when it cannot purchase compliant fuel oil.

• (e) The Minister shall cause a notification to be submitted to the Organization when a ship has presented evidence of the non-availability of compliant fuel oil.

• (3) Fuel oil for combustion purposes delivered to and used on board ships to which these Regulations apply shall meet the following requirements—

• (a) except as provided in subparagraph (b)—

• (i) the fuel oil shall be blends of hydrocarbons derived from petroleum refining, but this shall not preclude the incorporation of small amounts of additives intended to improve some aspects of performance;

• (ii) the fuel oil shall be free from inorganic acid;

• (iii) the fuel oil shall not include any added substance or chemical waste which—

• (I) jeopardises the safety of ships or adversely affects the performance of the machinery, or

• (II) is harmful to personnel, or

• (III) contributes overall to additional air pollution;

• (b) fuel oil for combustion purposes derived by methods other than petroleum refining shall not—

• (i) exceed the applicable sulphur content set forth in Regulation 13,

• (ii) cause an engine to exceed the applicable NOx emission limits set forth in paragraphs (5), (6), (7)(a)(i) and (9)(d) of Regulation 12,

• (iii) contain inorganic acid, or

• (iv) jeopardise the safety of ships or adversely affect the performance of the machinery, or

• (v) be harmful to personnel, or

• (vi) contribute overall to additional air pollution.

• (4)
• (a) This Regulation does not apply to coal in its solid form or nuclear fuels.

• (b) Paragraphs (5), (6), (7)(a), (7)(b), (8)(a), (8)(b), (9)(b), (9)(c), and (9)(d) do not apply to gas fuels such as Liquified Natural Gas, Compressed Natural Gas or Liquified Petroleum Gas.

• (c) The sulphur content of gas fuels delivered to a ship specifically for combustion purposes on board that ship shall be documented by the supplier.

• (5) For each ship subject to Regulations 6 and 7, details of fuel oil for combustion purposes delivered to and used on board shall be recorded by means of a bunker delivery note which shall contain at least the information specified in Appendix V of Annex VI.

• (6) The bunker delivery note shall be kept on board the ship in such a place as to be readily available for inspection at all reasonable times. It shall be retained for a period of three years after the fuel oil has been delivered on board.

• (7)
• (a) An inspector may—

• (i) inspect the bunker delivery notes on board any ship to which these Regulations apply while the ship is in a port or offshore terminal of the State,

• (ii) make a copy of each delivery note,

• (iii) require the master or person in charge of the ship to certify that each copy is a true copy of such bunker delivery note, and

• (iv) verify the contents of each note through consultations with the port where the note was issued.

• (b) The inspection of the bunker delivery notes and the taking of certified copies by an inspector under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.

• (8)
• (a) The bunker delivery note shall be accompanied by a representative sample of the fuel oil delivered taking into account guidelines developed by the Organization, (refer to MEPC. (96) 47, Guidelines for the sampling of Fuel Oil for Determination of Compliance with Annex VI of Marpol 73/78). The sample is to be sealed and signed by the supplier’s representative and the master or officer in charge of the bunker operation on completion of bunkering operations and retained under the ship’s control until the fuel oil is substantially consumed, but in any case for a period of not less than 12 months from the time of delivery.

• (b) Where an inspector requires the representative sample to be analysed, it shall be done in accordance with the verification procedure set forth in Appendix VI of Annex VI to determine whether the fuel oil meets the requirements of these Regulations.

• (9) An inspector shall ensure the following:

• (a) a register of local suppliers of fuel oil is maintained;

• (b) local suppliers provide the bunker delivery note and sample as required by this Regulation, certified by the fuel oil supplier that the fuel oil meets the requirements of Regulations 13 and 17;

• (c) local suppliers retain a copy of the bunker delivery note for at least three years for inspection and verification by the port State as necessary;

• (d) action is taken, as appropriate, against fuel oil suppliers that have been found to deliver fuel oil that does not comply with that stated on the bunker delivery note;

• (e) the Minister is informed of any ship receiving fuel oil found to be non-compliant with the requirements of Regulation 13 or this Regulation;

• (f) the Organization is informed, for transmission to Parties and Member States of the Organization, of all cases where fuel oil suppliers have failed to meet the requirements specified in Regulation 13 or this Regulation.

• (10) In connection with port State Inspections carried out in the State, the inspector shall—

• (a) inform the Party or non-Party under whose jurisdiction a bunker delivery note was issued of cases of delivery of non-compliant fuel oil, giving all relevant information, and

• (b) ensure that remedial action as appropriate is taken to bring non- compliant fuel oil discovered into compliance.

• (11) For every ship of 400 gross tonnage and above on scheduled services with frequent and regular port calls, the Minister may decide after application and consultation with affected States that compliance with paragraph (6) may be documented in an alternative manner which gives similar certainty of compliance with Regulation 13 and this Regulation.

PART 4 REVOCATION

Revocation.

SCHEDULE [Annex VI of the MARPOL Convention]

REVISED MARPOL ANNEX VI

Regulations for the Prevention of Air Pollution from Ships

CHAPTER I GENERAL

Regulation 1

Application

The provisions of this Annex shall apply to all ships, except where expressly provided otherwise in regulations 3, 5, 6, 13, 15, 16 and 18 of this Annex.

Regulation 2

Definitions

For the purpose of this Annex:

1Annex means Annex VI to the International Convention for the Prevention of Pollution from Ships 1973 (MARPOL), as modified by the Protocol of 1978 relating thereto, and as modified by the Protocol of 1997, as amended by the Organization, provided that such amendments are adopted and brought into force in accordance with the provisions of article 16 of the present Convention.

2A similar stage of construction means the stage at which:

.1construction identifiable with a specific ship begins; and

.2assembly of that ship has commenced comprising at least 50 tons or one per cent of the estimated mass of all structural material, whichever is less.

3Anniversary date means the day and the month of each year which will correspond to the date of expiry of the International Air Pollution Prevention Certificate.

4Auxiliary control device means a system, function, or control strategy installed on a marine diesel engine that is used to protect the engine and/or its ancillary equipment against operating conditions that could result in damage or failure, or that is used to facilitate the starting of the engine. An auxiliary control device may also be a strategy or measure that has been satisfactorily demonstrated not to be a defeat device.

5Continuous feeding is defined as the process whereby waste is fed into a combustion chamber without human assistance while the incinerator is in normal operating conditions with the combustion chamber operative temperature between 850°C and 1,200°C.

6Defeat device means a device which measures, senses, or responds to operating variables (e.g., engine speed, temperature, intake pressure or any other parameter) for the purpose of activating, modulating, delaying or deactivating the operation of any component or the function of the emission control system such that the effectiveness of the emission control system is reduced under conditions encountered during normal operation, unless the use of such a device is substantially included in the applied emission certification test procedures.

7Emission means any release of substances, subject to control by this Annex, from ships into the atmosphere or sea.

8Emission Control Area means an area where the adoption of special mandatory measures for emissions from ships is required to prevent, reduce and control air pollution from NOx or SOx and particulate matter or all three types of emissions and their attendant adverse impacts on human health and the environment. Emission Control Areas shall include those listed in, or designated under, regulations 13 and 14 of this Annex.

9Fuel oil means any fuel delivered to and intended for combustion purposes for propulsion or operation on board a ship, including distillate and residual fuels.

10Gross tonnage means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I to the International Convention on Tonnage Measurements of Ships, 1969 or any successor Convention.

11Installations in relation to regulation 12 of this Annex means the installation of systems, equipment including portable fire-extinguishing units, insulation, or other material on a ship, but excludes the repair or recharge of previously installed systems, equipment, insulation, or other material, or the recharge of portable fire-extinguishing units.

12Installed means a marine diesel engine that is or is intended to be fitted on a ship, including a portable auxiliary marine diesel engine, only if its fuelling, cooling, or exhaust system is an integral part of the ship. A fuelling system is considered integral to the ship only if it is permanently affixed to the ship. This definition includes a marine diesel engine that is used to supplement or augment the installed power capacity of the ship and is intended to be an integral part of the ship.

13Irrational emission control strategy means any strategy or measure that, when the ship is operated under normal conditions of use, reduces the effectiveness of an emission control system to a level below that expected on the applicable emission test procedures.

14Marine diesel engine means any reciprocating internal combustion engine operating on liquid or dual fuel, to which regulation 13 of this Annex applies, including booster/compound systems if applied.

15NOx Technical Code means the Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines adopted by resolution 2 of the 1997 MARPOL Conference, as amended by the Organization, provided that such amendments are adopted and brought into force in accordance with the provisions of article 16 of the present Convention.

16Ozone depleting substances means controlled substances defined in paragraph (4) of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, listed in Annexes A, B, C or E to the said Protocol in force at the time of application or interpretation of this Annex.

Ozone depleting substances that may be found on board ship include, but are not limited to:

Halon 1211 Bromochlorodifluoromethane

Halon 1301 Bromotrifluoromethane

Halon 2402 1, 2-Dibromo –1, 1, 2, 2-tetraflouroethane (also known as Halon 114B2)

CFC-11 Trichlorofluoromethane

CFC-12 Dichlorodifluoromethane

CFC-113 1, 1, 2 – Trichloro – 1, 2, 2 – trifluoroethane

CFC-114 1, 2 – Dichloro –1, 1, 2, 2 – tetrafluoroethane

CFC-115 Chloropentafluoroethane

17Shipboard incineration means the incineration of wastes or other matter on board a ship, if such wastes or other matter were generated during the normal operation of that ship.

18Shipboard incinerator means a shipboard facility designed for the primary purpose of incineration.

19Ships constructed means ships the keels of which are laid or which are at a similar stage of construction.

20Sludge oil means sludge from the fuel oil or lubricating oil separators, waste lubricating oil from main or auxiliary machinery, or waste oil from bilge water separators, oil filtering equipment or drip trays.

21Tanker means an oil tanker as defined in regulation 1 of Annex I or a chemical tanker as defined in regulation 1 of Annex II of the present Convention.

Regulation 3

Exceptions and Exemptions

General

1Regulations of this Annex shall not apply to:

.1any emission necessary for the purpose of securing the safety of a ship or saving life at sea; or

.2any emission resulting from damage to a ship or its equipment:

.2.1provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the emission for the purpose of preventing or minimizing the emission; and

.2.2except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result.

Trials for Ship Emission Reduction and Control Technology Research

2The Administration of a Party may, in co-operation with other Administrations as appropriate, issue an exemption from specific provisions of this Annex for a ship to conduct trials for the development of ship emission reduction and control technologies and engine design programmes. Such an exemption shall only be provided if the applications of specific provisions of the Annex or the revised NOx Technical Code 2008 could impede research into the development of such technologies or programmes. A permit for such an exemption shall only be provided to the minimum number of ships necessary and be subject to the following provisions:

.1for marine diesel engines with a per cylinder displacement up to 30 litres, the duration of the sea trial shall not exceed 18 months. If additional time is required, a permitting Administration or Administrations may permit a renewal for one additional 18- month period; or

.2for marine diesel engines with a per cylinder displacement at or above 30 litres, the duration of the ship trial shall not exceed 5 years and shall require a progress review by the permitting Administration or Administrations at each intermediate survey. A permit may be withdrawn based on this review if the testing has not adhered to the conditions of the permit or if it is determined that the technology or programme is not likely to produce effective results in the reduction and control of ship emissions. If the reviewing Administration or Administrations determine that additional time is required to conduct a test of a particular technology or programme, a permit may be renewed for an additional time period not to exceed five years.

Emissions from Sea-bed Mineral Activities

3.1Emissions directly arising from the exploration, exploitation and associated offshore processing of sea-bed mineral resources are, consistent with article 2(3)(b)(ii) of the present Convention, exempt from the provisions of this Annex. Such emissions include the following:

.1emissions resulting from the incineration of substances that are solely and directly the result of exploration, exploitation and associated offshore processing of sea-bed mineral resources, including but not limited to the flaring of hydrocarbons and the burning of cuttings, muds, and/or stimulation fluids during well completion and testing operations, and flaring arising from upset conditions;

.2the release of gases and volatile compounds entrained in drilling fluids and cuttings;

.3emissions associated solely and directly with the treatment, handling, or storage of sea-bed minerals; and

.4emissions from marine diesel engines that are solely dedicated to the exploration, exploitation and associated offshore processing of sea-bed mineral resources.

3.2The requirements of regulation 18 of this Annex shall not apply to the use of hydrocarbons which are produced and subsequently used on site as fuel, when approved by the Administration.

Regulation 4

Equivalents

1The Administration of a Party may allow any fitting, material, appliance or apparatus to be fitted in a ship or other procedures, alternative fuel oils, or compliance methods used as an alternative to that required by this Annex if such fitting, material, appliance or apparatus or other procedures, alternative fuel oils, or compliance methods are at least as effective in terms of emissions reductions as that required by this Annex, including any of the standards set forth in regulations 13 and 14.

2The Administration of a Party which allows a fitting, material, appliance or apparatus or other procedures, alternative fuel oils, or compliance methods used as an alte rnative to that required by this Annex shall communicate to the Organization for circulation to the Parties particulars thereof, for their information and appropriate action, if any.

3The Administration of a Party should take into account any relevant guidelines developed by the Organization pertaining to the equivalents provided for in this regulation.

4The Administration of a Party which allows the use of an equivalent as set forth in paragraph 1 of this regulation shall endeavour not to impair or damage its environment, human health, property, or resources or those of other States.

CHAPTER II SURVEY, CERTIFICATION AND MEANS OF CONTROL

Regulation 5

Surveys

1Every ship of 400 gross tonnage and above and every fixed and floating drilling rig and other platforms shall be subject to the surveys specified below:

.1An initial survey before the ship is put into service or before the certificate required under regulation 6 of this Annex is issued for the first time. This survey shall be such as to ensure that the equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of this Annex;

.2A renewal survey at intervals specified by the Administration, but not exceeding five years, except where regulation 9.2, 9.5, 9.6 or 9.7 of this Annex is applicable. The renewal survey shall be such as to ensure that the equipment, systems, fittings, arrangements and material fully comply with applicable requirements of this Annex;

.3An intermediate survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the certificate which shall take the place of one of the annual surveys specified in paragraph 1.4 of this regulation. The intermediate survey shall be such as to ensure that the equipment and arrangements fully comply with the applicable requirements of this Annex and are in good working order. Such intermediate surveys shall be endorsed on the certificate issued under regulation 6 or 7 of this Annex;

.4An annual survey within three months before or after each anniversary date of the certificate, including a general inspection of the equipment, systems, fittings, arrangements and material referred to in paragraph 1.1 of this regulation to ensure that they have been maintained in accordance with paragraph 4 of this regulation and that they remain satisfactory for the service for which the ship is intended. Such annual surveys shall be endorsed on the certificate issued under regulation 6 or 7 of this Annex; and

.5An additional survey either general or partial, according to the circumstances, shall be made whenever any important repairs or renewals are made as prescribed in paragraph 4 of this regulation or after a repair resulting from investigations prescribed in paragraph 5 of this regulation. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory and that the ship complies in all respects with the requirements of this Annex.

2In the case of ships of less than 400 gross tonnage, the Administration may establish appropriate measures in order to ensure that the applicable provisions of this Annex are complied with.

3Surveys of ships as regards the enforcement of the provisions of this Annex shall be carried out by officers of the Administration.

.1The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it. Such organizations shall comply with the guidelines adopted by the Organization; ¹

1 Refer to the Guidelines for the authorization of organizations acting on behalf of the Administration, adopted by the Organization by resolution A.739(18), as may be amended by the Organization, and the Specifications on the survey and certification functions of recognized organizations acting on behalf of the Administration, adopted by the Organization by resolution A.789(19), as may be amended by the Organization.

.2The survey of marine diesel engines and equipment for compliance with regulation 13 of this Annex shall be conducted in accordance with the revised NOx Technical Code 2008;

.3When a nominated surveyor or recognized organization determines that the condition of the equipment does not correspond substantially with the particulars of the certificate, they shall ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken, the certificate shall be withdrawn by the Administration. If the ship is in a port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation; and

.4In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the survey and shall undertake to ensure the necessary arrangements to satisfy this obligation.

4The equipment shall be maintained to conform with the provisions of this Annex and no changes shall be made in the equipment, systems, fittings, arrangements, or material covered by the survey, without the express approval of the Administration. The direct replacement of such equipment and fittings with equipment and fittings that conform with the provisions of this Annex is permitted.

5Whenever an accident occurs to a ship or a defect is discovered which substantially affects the efficiency or completeness of its equipment covered by this Annex, the master or owner of the ship shall report at the earliest opportunity to the Administration, a nominated surveyor, or recognized organization responsible for issuing the relevant certificate.

Regulation 6

Issue or endorsement of a Certificate

1An International Air Pollution Prevention Certificate shall be issued, after an initial or renewal survey in accordance with the provisions of regulation 5 of this Annex, to:

.1any ship of 400 gross tonnage and above engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties; and

.2platforms and drilling rigs engaged in voyages to waters under the sovereignty or jurisdiction of other Parties.

2A ship constructed before the date of entry into force of Annex VI for such ship’s Administration shall be issued with an International Air Pollution Prevention Certificate in accordance with paragraph 1 of this regulation no later than the first scheduled dry-docking after the date of such entry into force, but in no case later than three years after this date.

3Such certificate shall be issued or endorsed either by the Administration or by any person or organization duly authorized by it. In every case, the Administration assumes full responsibility for the certificate.

Regulation 7

Issue of a Certificate by another Party

1A Party may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the provisions of this Annex are complied with, shall issue or authorize the issuance of an International Air Pollution Prevention Certificate to the ship, and where appropriate, endorse or authorize the endorsement of that certificate on the ship, in accordance with this Annex.

2A copy of the certificate and a copy of the survey report shall be transmitted as soon as possible to the requesting Administration.

3A certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as a certificate issued under regulation 6 of this Annex.

4No International Air Pollution Prevention Certificate shall be issued to a ship which is entitled to fly the flag of a State which is not a Party.

Regulation 8

Form of Certificate

The International Air Pollution Prevention Certificate shall be drawn up in a form corresponding to the model given in appendix I to this Annex and shall be at least in English, French or Spanish. If an official language of the issuing country is also used, this shall prevail in case of a dispute or discrepancy.

Regulation 9

Duration and Validity of Certificate

1An International Air Pollution Prevention Certificate shall be issued for a period specified by the Administration, which shall not exceed five years.

2Notwithstanding the requirements of paragraph 1 of this regulation:

.1when the renewal survey is completed within three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing certificate;

.2when the renewal survey is completed after the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing certificate; and

.3when the renewal survey is completed more than three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of completion of the renewal survey.

3If a certificate is issued for a period of less than five years, the Administration may extend the validity of the certificate beyond the expiry date to the maximum period specified in paragraph 1 of this regulation, provided that the surveys referred to in regulations 5.1.3 and 5.1.4 of this Annex applicable when a certificate is issued for a period of five years are carried out as appropriate.

4If a renewal survey has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the person or organization authorized by the Administration may endorse the existing certificate and such a certificate shall be accepted as valid for a further period which shall not exceed five months from the expiry date.

5If a ship, at the time when a certificate expires, is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No certificate shall be extended for a period longer than three months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding five years from the date of expiry of the existing certificate before the extension was granted.

6A certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding five years from the date of expiry of the existing certificate before the extension was granted.

7In special circumstances, as determined by the Administration, a new certificate need not be dated from the date of expiry of the existing certificate as required by paragraph 2.1, 5 or 6 of this regulation. In these special circumstances, the new certificate shall be valid to a date not exceeding five years from the date of completion of the renewal survey.

8If an annual or intermediate survey is completed before the period specified in regulation 5 of this Annex, then:

.1the anniversary date shown on the certificate shall be amended by endorsement to a date which shall not be more than three months later than the date on which the survey was completed;

.2the subsequent annual or intermediate survey required by regulation 5 of this Annex shall be completed at the intervals prescribed by that regulation using the new anniversary date; and

.3the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by regulation 5 of this Annex are not exceeded.

9A certificate issued under regulation 6 or 7 of this Annex shall cease to be valid in any of the following cases:

.1if the relevant surveys are not completed within the periods specified under regulation 5.1 of this Annex;

.2if the certificate is not endorsed in accordance with regulation 5.1.3 or 5.1.4 of this Annex; and

.3upon transfer of the ship to the flag of another State. A new certificate shall only be issued when the Government issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of regulation 5.4 of this Annex. In the case of a transfer between Parties, if requested within three months after the transfer has taken place, the Government of the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the certificate carried by the ship before the transfer and, if available, copies of the relevant survey reports.

Regulation 10

Port State Control on Operational Requirements

1A ship, when in a port or an offshore terminal under the jurisdiction of another Party, is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of air pollution from ships.

2In the circumstances given in paragraph 1 of this regulation, the Party shall take such steps as to ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.