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

3Procedures relating to the port State control prescribed in article 5 of the present Convention shall apply to this regulation.

4Nothing in this regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.

Regulation 11

Detection of Violations and Enforcement

1Parties shall co-operate in the detection of violations and the enforcement of the provisions of this Annex, using all appropriate and practicable measures of detection and environmental monitoring, adequate procedures for reporting and accumulation of evidence.

2A ship to which this Annex applies may, in any port or offshore terminal of a Party, be subject to inspection by officers appointed or authorized by that Party for the purpose of verifying whether the ship has emitted any of the substances covered by this Annex in violation of the provision of this Annex. If an inspection indicates a violation of this Annex, a report shall be forwarded to the Administration for any appropriate action.

3Any Party shall furnish to the Administration evidence, if any, that the ship has emitted any of the substances covered by this Annex in violation of the provisions of this Annex. If it is practicable to do so, the competent authority of the former Party shall notify the master of the ship of the alleged violation.

4Upon receiving such evidence, the Administration so informed shall investigate the matter, and may request the other Party to furnish further or better evidence of the alleged contravention. If the Administration is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken in accordance with its law as soon as possible. The Administration shall promptly inform the Party which has reported the alleged violation, as well as the Organization, of the action taken.

5A Party may also inspect a ship to which this Annex applies when it enters the ports or offshore terminals under its jurisdiction, if a request for an investigation is received from any Party together with sufficient evidence that the ship has emitted any of the substances covered by the Annex in any place in violation of this Annex. The report of such investigation shall be sent to the Party requesting it and to the Administration so that the appropriate action may be taken under the present Convention.

6The international law concerning the prevention, reduction, and control of pollution of the marine environment from ships, including that law relating to enforcement and safeguards, in force at the time of application or interpretation of this Annex, applies, mutatis mutandis, to the rules and standards set forth in this Annex.

CHAPTER III REQUIREMENTS FOR CONTROL OF EMISSIONS FROM SHIPS

Regulation 12

Ozone Depleting Substances

1This regulation does not apply to permanently sealed equipment where there are no refrigerant charging connections or potentially removable components containing ozone depleting substances.

2Subject to the provisions of regulation 3.1, any deliberate emissions of ozone depleting substances shall be prohibited. Deliberate emissions include emissions occurring in the course of maintaining, servicing, repairing or disposing of systems or equipment, except that deliberate emissions do not include minimal releases associated with the recapture or recycling of an ozone depleting substance. Emissions arising from leaks of an ozone depleting substance, whether or not the leaks are deliberate, may be regulated by Parties.

3.1Installations which contain ozone depleting substances, other than hydro-chlorofluorocarbons, shall be prohibited:

.1on ships constructed on or after 19 May 2005; or

.2in the case of ships constructed before 19 May 2005, which have a contractual delivery date of the equipment to the ship on or after 19 May 2005 or, in the absence of a contractual delivery date, the actual delivery of the equipment to the ship on or after 19 May 2005.

3.2Installations which contain hydro-chlorofluorocarbons shall be prohibited:

.1on ships constructed on or after 1 January 2020; or

.2in the case of ships constructed before 1 January 2020, which have a contractual delivery date of the equipment to the ship on or after 1 January 2020 or, in the absence of a contractual delivery date, the actual delivery of the equipment to the ship on or after 1 January 2020.

4The substances referred to in this regulation, and equipment containing such substances, shall be delivered to appropriate reception facilities when removed from ships.

5Each ship subject to regulation 6.1 shall maintain a list of equipment containing ozone depleting substances. ²

2 See Appendix I, Supplement to International Air Pollution Prevention Certificate (IAPP Certificate), section 2.1.

6Each ship subject to regulation 6.1 which has rechargeable systems that contain ozone depleting substances shall maintain an Ozone Depleting Substances Record Book. This Record Book may form part of an existing log-book or electronic recording system as approved by the Administration.

7Entries 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:

.1recharge, full or partial, of equipment containing ozone depleting substances;

.2repair or maintenance of equipment containing ozone depleting substances;

.3discharge of ozone depleting substances to the atmosphere:

.3.1 deliberate; and

.3.2 non-deliberate;

.4discharge of ozone depleting substances to land-based reception facilities; and

.5supply of ozone depleting substances to the ship.

Regulation 13

Nitrogen Oxides (NOx)

Application

1.1This regulation shall apply to:

.1each marine diesel engine with a power output of more than 130 kW installed on a ship; and

.2each 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 demonstrated to the satisfaction of the Administration that such engine is an identical replacement to the engine which it is replacing and is otherwise not covered under paragraph 1.1.1 of this regulation.

1.2This regulation does not apply to:

.1a marine diesel engine 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

.2a marine diesel engine installed on a ship solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State the flag of which the ship is entitled to fly, provided that such engine is subject to an alternative NOx control measure established by the Administration.

1.3Notwithstanding the provisions of subparagraph 1.1 of this paragraph, the Administration may provide an exclusion from the application of this regulation for any marine diesel engine which is installed on a ship constructed, or for any marine diesel engine which undergoes a major conversion, before 19 May 2005, provided that t he ship on which the engine is installed is solely engaged in voyages to ports or offshore terminals within the State the flag of which the ship is entitled to fly.

Major Conversion

2.1For 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 paragraph 3, 4, or 5.1.1 of this regulation where:

.1the engine is replaced by a marine diesel engine or an additional marine diesel engine is installed, or

.2any substantial modification, as defined in the revised NOx Technical Code 2008, is made to the engine, or

.3the 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.

2.2For 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 5.1.1 of this regulation (Tier III), then that replacement engine shall meet the standards set forth in paragraph 4 of this regulation (Tier II). Guidelines are 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 subparagraph 5.1.1 of this regulation.

2.3A marine diesel engine referred to in paragraph 2.1.2 or 2.1.3 shall meet the following standards:

.1for ships constructed prior to 1 January 2000, the standards set forth in paragraph 3 of this regulation shall apply; and

.2for ships constructed on or after 1 January 2000, the standards in force at the time the ship was constructed shall apply.

Tier I

3Subject to regulation 3 of this Annex, 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 NO2) from the engine is within the following limits, where n = rated engine speed (crankshaft revolutions per minute):

.117.0 g/kWh when n is less than 130 rpm;

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

.39.8 g/kWh when n is 2,000 rpm or more.

Tier II

4Subject to regulation 3 of this Annex, 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, where n = rated engine speed (crankshaft revolutions per minute):

.114.4 g/kWh when n is less than 130 rpm;

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

.37.7 g/kWh when n is 2,000 rpm or more.

Tier III

5.1Subject to regulation 3 of this Annex, the operation of a marine diesel engine which is installed on a ship constructed on or after 1 January 2016:

.1is prohibited except when the emission of nitrogen oxides (calculated as the total weighted emission of NO2) from the engine is within the following limits, where n = rated engine speed (crankshaft revolutions per minute):

.1.13.4 g/kWh when n is less than 130 rpm;

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

.1.32.0g/kWh when n is 2,000 rpm or more;

.2is subject to the standards set forth in subparagraph 5.1.1 of this paragraph when the ship is operating in an Emission Control Area designated under paragraph 6 of this regulation; and

.3is subject to the standards set forth in paragraph 4 of this regulation when the ship is operating outside of an Emission Control Area designated under paragraph 6 of this regulation.

5.2Subject to the review set forth in paragraph 10 of this regulation, the standards set forth in paragraph 5.1.1 of this regulation shall not apply to:

.1a marine diesel engine installed on a ship with a length (L), as defined in regulation 1.19 of Annex I to the present Convention, less than 24 metres when it has been specifically designed, and is used solely, for recreational purposes; or

.2a 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 Administration, that the ship cannot comply with the standards set forth in paragraph 5.1.1 of this regulation because of design or construction limitations of the ship.

Emission Control Area

6For the purpose of this regulation, an Emission Control Area shall be any sea area, including any port area, designated by the Organization in accordance with the criteria and procedures set forth in appendix III to this Annex.

Marine Diesel Engines Installed on a Ship Constructed Prior to 1 January 2000

7.1Notwithstanding paragraph 1.1.1 of this regulation, 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 7.4 of this paragraph, provided that an Approved Method for that engine has been certified by an Administration of a Party and notification of such certification has been submitted to the Organization by the certifying Administration. Compliance with this paragraph shall be demonstrated through one of the following:

.1installation 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 International Air Pollution Prevention Certificate of the presence of the Approved Method; or

.2certification of the engine confirming that it operates within the limits set forth in paragraph 3, 4, or 5.1.1 of this regulation and an appropriate notation of the engine certification on the ship’s International Air Pollution Prevention Certificate.

7.2Subparagraph 7.1 shall apply no later than the first renewal survey that occurs 12 months or more after deposit of the notification in subparagraph 7.1. If a shipowner of a ship on which an Approved Method is to be installed can demonstrate to the satisfaction of the Administration 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.

7.3With 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 International Air Pollution Prevention Certificate shall, for a marine diesel engine to which paragraph 7.1 of this regulation applies, indicate that either an Approved Method has been applied pursuant to paragraph 7.1.1 of this regulation or the engine has been certified pursuant to paragraph 7.1.2 of this regulation or that an Approved Method does not yet exist or is not yet commercially available as described in subparagraph 7.2 of this regulation.

7.4Subject to regulation 3 of this Annex, the operation of a marine diesel engine described in subparagraph 7.1 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, where n = rated engine speed (crankshaft revolutions per minute):

.117.0 g/kWh when n is less than 130 rpm;

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

.39.8 g/kWh when n is 2,000 rpm or more.

7.5Certification of an Approved Method shall be in accordance with chapter 7 of the revised NOx Technical Code 2008 and shall include verification:

.1by 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

.2that 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 7.4 of this paragraph and the cost of purchasing and installing such Approved Method. ³

3 The cost of an Approved Method shall not exceed 375 Special Drawing Rights/metric ton NOx calculated in accordance with the Cost-Effectiveness formula below:Ce = Cost of Approved Method 106P(kW) 0.768 6000(hours/year) 5 (years) NOx (g/kWh)

Certification

8The revised NOx Technical Code 2008 shall be applied in the certification, testing, and measurement procedures for the standards set forth in this regulation.

9The 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.

Review

10Beginning in 2012 and completed no later than 2013, the Organization shall review the status of the technological developments to implement the standards set forth in paragraph 5.1.1 of this regulation and shall, if proven necessary, adjust the time periods set forth in that subparagraph.

Regulation 14

Sulphur Oxides (SOx) and Particulate Matter

General Requirements

1The sulphur content of any fuel oil used on board ships shall not exceed the following limits:

.14.50% m/m prior to 1 January 2012;

.23.50% m/m on and after 1 January 2012; and

.30.50% m/m on and after 1 January 2020.

2The worldwide average sulphur content of residual fuel oil supplied for use on board ships shall be monitored taking into account guidelines developed by the Organization. ⁴

4 MEPC.82(43), “Guidelines for Monitoring the World-wide Average Sulphur Content of Residual Fuel Oils Supplied for Use On Board Ships”.

Requirements within Emission Control Areas

3For the purpose of this regulation, Emission Control Areas shall include:

.1the Baltic Sea area as defined in regulation 1.11.2 of Annex I, the North Sea as defined in regulation 5(1)(f) of Annex V; and

.2any other sea area, including port areas, designated by the Organization in accordance with criteria and procedures set forth in appendix III to this Annex.

4While ships are operating within an Emission Control Area, the sulphur content of fuel oil used on board ships shall not exceed the following limits:

.11.50% m/m prior to 1 July 2010;

.21.00% m/m on and after 1 July 2010; and

.30.10% m/m on and after 1 January 2015.

5The sulphur content of fuel oil referred to in paragraph 1 and paragraph 4 of this regulation shall be documented by its supplier as required by regulation 18 of this Annex.

6Those ships using separate fuel oils to comply with paragraph 4 of this regulation and entering or leaving an Emission Control Area set forth in paragraph 3 of this regulation 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 4 of this regulation 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 Administration.

7During the first twelve months immediately following an amendment designating a specific Emission Control Area under paragraph 3.2 of this regulation, ships operating in that Emission Control Area are exempt from the requirements in paragraphs 4 and 6 of this regulation and from the requirements of paragraph 5 of this regulation insofar as they relate to paragraph 4 of this regulation.

Review Provision

8A review of the standard set forth in subparagraph 1.3 of this regulation shall be completed by 2018 to determine the availability of fuel oil to comply with the fuel oil standard set forth in that paragraph and shall take into account the following elements:

.1the global market supply and demand for fuel oil to comply with paragraph 1.3 of this regulation that exist at the time that the review is conducted;

.2an analysis of the trends in fuel oil markets; and

.3any other relevant issue.

9The Organization shall establish a group of experts, comprising of representatives with the appropriate expertise in the fuel oil market and appropriate maritime, environmental, scientific, and legal expertise, to conduct the review referred to in paragraph 8 of this regulation. The group of experts shall develop the appropriate information to inform the decision to be taken by the Parties.

10The Parties, based on the information developed by the group of experts, may decide whether it is possible for ships to comply with the date in paragraph 1.3 of this regulation. If a decision is taken that it is not possible for ships to comply, then the standard in that subparagraph shall become effective on 1 January 2025.

Regulation 15

Volatile Organic Compounds (VOCs)

1If the emissions of VOCs from a tanker are to be regulated in a port or ports or a terminal or terminals under the jurisdiction of a Party, they shall be regulated in accordance with the provisions of this regulation.

2A Party regulating tankers for VOC emissions shall submit a notification to the Organization. This notification shall include information on the size of tankers to be controlled, the cargoes requiring vapour emission control systems, and the effective date of such control. The notification shall be submitted at least six months before the effective date.

3A Party which designates ports or terminals at which VOCs emissions from tankers are to be regulated shall ensure that vapour emission control systems, approved by that Party taking into account the safety standards for such systems developed by the Organization 5 , are provided in any designated port and terminal and are operated safely and in a manner so as to avoid undue delay to a ship.

4The Organization shall circulate a list of the ports and terminals designated by Parties to other Parties and Member States of the Organization for their information.

5A tanker to which paragraph 1 of this regulation applies shall be provided with a vapour emission collection system approved by the Administration taking into account the safety standards for such systems developed by the Organization ⁵ , 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 of this regulation.

5 MSC/Circ.585, Standards for vapour emission control systems.

6A tanker carrying crude oil shall have on board and implement a VOC Management Plan approved by the Administration. 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:

.1provide written procedures for minimizing VOC emissions during the loading, sea passage and discharge of cargo;

.2give consideration to the additional VOC generated by crude oil washing;

.3identify a person responsible for implementing the plan; and

.4for ships on international voyages, be written in the working language of the master and officers and, if the working language of the master and officers is not English, French, or Spanish, include a translation into one of these languages.

7This 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. ⁶

6 MSC.30(61), “International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk”, chapter 5.

Regulation 16

Shipboard Incineration

1Except as provided in paragraph 4 of this regulation, shipboard incineration shall be allowed only in a shipboard incinerator.

2Shipboard incineration of the following substances shall be prohibited:

.1residues of cargoes subject to Annex I, II or III or related contaminated packing materials;

.2polychlorinated biphenyls (PCBs);

.3garbage, as defined by Annex V, containing more than traces of heavy metals;

.4refined petroleum products containing halogen compounds;

.5sewage sludge and sludge oil either of which are not generated on board the ship; and

.6exhaust gas cleaning system residues.

3Shipboard incineration of polyvinyl chlorides (PVCs) shall be prohibited, except in shipboard incinerator for which an IMO Type Approval Certificates ⁷ has been issued.

7 Type Approval Certificates issued in accordance with resolution MEPC.59(33) or MEPC.76(40).

4Shipboard 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.

5Nothing in this regulation neither:

.1affects the prohibition in, or other requirements of, the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, as amended, and the 1996 Protocol thereto, nor

.2precludes the development, installation and operation of alternative design shipboard thermal waste treatment devices that meet or exceed the requirements of this regulation.

6.1Except as provided in subparagraph 6.2 of this paragraph, each incinerator on a ship constructed on or after 1 January 2000 or incinerator which is installed on board a ship on or after 1 January 2000 shall meet the requirements contained in appendix IV to this Annex. Each incinerator subject to this subparagraph shall be approved by the Administration taking into account the standard specification for shipboard incinerators developed by the Organization ⁸ ; or

8 Refer to resolution MEPC.76(40), Standard specification for shipboard incinerators.

6.2The Administration may allow exclusion from the application of subparagraph 6.1 of this paragraph to any incinerator which is installed on board a ship before 19 May 2005, provided that the ship is solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State the flag of which the ship is entitled to fly.

7Incinerators installed in accordance with the requirements of paragraph 6.1 of this regulation 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 this Annex.

8Personnel responsible for the operation of an incinerator installed in accordance with the requirements of paragraph 6.1 of this regulation shall be trained to implement the guidance provided in the manufacturer’s operating manual as required by paragraph 7 of this regulation.

9For incinerators installed in accordance with the requirements of paragraph 6.1 of this regulation 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.

Regulation 17

Reception Facilities

1Each Party undertakes to ensure the provision of facilities adequate to meet the:

.1needs of ships using its repair ports for the reception of ozone depleting substances and equipment containing such substances when removed from ships;

.2needs of ships using its ports, terminals or repair ports for the reception of exhaust gas cleaning residues from an exhaust gas cleaning system, without causing undue delay to ships; and

.3needs in ship-breaking facilities for the reception of ozone depleting substances and equipment containing such substances when removed from ships.

2If a particular port or terminal of a Party 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 of this regulation and therefore cannot accept such substances, then the Party shall inform the Organization of any such port or terminal so that this information may be circulated to all Parties and Member States of the Organization for their information and any appropriate action. Each Party that has provided the Organization with such information shall also notify the Organization of its ports and terminals where reception facilities are available to manage and process such substances.

3Each Party shall notify the Organization for transmission to the Members of the Organization of all cases where the facilities provided under this regulation are unavailable or alleged to be inadequate.

Regulation 18

Fuel Oil Availability and Quality

Fuel Oil Availability

1Each Party shall take all reasonable steps to promote the availability of fuel oils which comply with this Annex and inform the Organization of the availability of compliant fuel oils in its ports and terminals.

2.1If a ship is found by a Party not to be in compliance with the standards for compliant fuel oils set forth in this Annex, the competent authority of the Party is entitled to require the ship to:

.1present a record of the actions taken to attempt to achieve compliance; and

.2provide 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.

2.2The ship should not be required to deviate from its intended voyage or to delay unduly the voyage in order to achieve compliance.

2.3If a ship provides the information set forth in subparagraph 2.1 of this paragraph, a Party shall take into account all relevant circumstances and the evidence presented to determine the appropriate action to take, including not taking control measures.

2.4A ship shall notify its Administration and the competent authority of the relevant port of destination when it cannot purchase compliant fuel oil.

2.5A Party shall notify the Organization when a ship has presented evidence of the non-availability of compliant fuel oil.

Fuel Oil Quality

3Fuel oil for combustion purposes delivered to and used on board ships to which this Annex applies shall meet the following requirements:

.1except as provided in subparagraph 3.2:

.1.1the fuel oil shall be blends of hydrocarbons derived from petroleum refining. This shall not preclude the incorporation of small amounts of additives intended to improve some aspects of performance;

.1.2the fuel oil shall be free from inorganic acid; and

.1.3the fuel oil shall not include any added substance or chemical waste which:

.1.3.1jeopardizes the safety of ships or adversely affects the performance of the machinery, or

.1.3.2is harmful to personnel, or

.1.3.3contributes overall to additional air pollution.

.2fuel oil for combustion purposes derived by methods other than petroleum refining shall not:

.2.1exceed the applicable sulphur content set forth in regulation 14 of this Annex;

.2.2cause an engine to exceed the applicable NOx emission limit set forth in paragraphs 3, 4, 5.1.1 and 7.4 of regulation 13;

.2.3contain inorganic acid; or

.2.4.1jeopardize the safety of ships or adversely affect the performance of the machinery, or

.2.4.2be harmful to personnel, or

.2.4.3contribute overall to additional air pollution.

4This regulation does not apply to coal in its solid form or nuclear fuels. Paragraphs 5, 6, 7.1, 7.2, 8.1, 8.2, 9.2, 9.3, and 9.4 of this regulation do not apply to gas fuels such as Liquified Natural Gas, Compressed Natural Gas or Liquified Petroleum Gas. The sulphur content of gas fuels delivered to a ship specifically for combustion purposes on board that ship shall be documented by the supplier.

5For each ship subject to regulations 5 and 6 of this Annex, 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 to this Annex.

6The 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.

7.1The competent authority of a Party may inspect the bunker delivery notes on board any ship to which this Annex applies while the ship is in its port or offshore terminal, may make a copy of each delivery note, and may require the master or person in charge of the ship to certify that each copy is a true copy of such bunker delivery note. The competent authority may also verify the contents of each note through consultations with the port where the note was issued.

7.2The inspection of the bunker delivery notes and the taking of certified copies by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.

8.1The bunker delivery note shall be accompanied by a representative sample of the fuel oil delivered taking into account guidelines developed by the Organization. ⁹ 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.

9 Refer to MEPC.96(47), “Guidelines for the Sampling of Fuel Oil for Determination of Compliance with Annex VI of MARPOL 73/78”.

8.2If an Administration requires the representative sample to be analysed, it shall be done in accordance with the verification procedure set forth in Appendix VI to determine whether the fuel oil meets the requirements of this Annex.

9Parties undertake to ensure that appropriate authorities designated by them:

.1maintain a register of local suppliers of fuel oil;

.2require local suppliers to 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 14 and 18 of this Annex;

.3require local suppliers to retain a copy of the bunker delivery note for at least three years for inspection and verification by the port State as necessary;

.4take action 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;

.5inform the Administration of any ship receiving fuel oil found to be non-compliant with the requirements of regulation 14 or 18 of this Annex; and

.6inform the Organization 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 regulations 14 or 18 of this Annex.

10In connection with port State inspections carried out by Parties, the Parties further undertake to:

.1inform 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

.2ensure that remedial action as appropriate is taken to bring non-compliant fuel oil discovered into compliance.

11For every ship of 400 gross tonnage and above on scheduled services with frequent and regular port calls, an Administration may decide after application and consultation with affected States that compliance with paragraph 6 of this regulation may be documented in an alternative manner which gives similar certainty of compliance with regulations 14 and 18 of this Annex.

APPENDIX I

Form of International Air Pollution Prevention (IAPP) Certificate (Regulation 8)

INTERNATIONAL AIR POLLUTION PREVENTION CERTIFICATE

Issued under the provisions of the Protocol of 1997, as amended by resolution MEPC.176(58) in 2008, to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 related thereto (hereinafter referred to as “the Convention”) under the authority of the Government of:

(full designation of the country)

by

(full designation of the competent person or organization authorized under the provisions of the Convention)

Particulars of ship ¹⁰

• Alternatively, the particulars of the ship may be placed horizontally in boxes.

Name of ship

Distinctive number or letters

Port of registry

Gross tonnage

IMO Number ¹¹

• In accordance with IMO ship identification number scheme, adopted by the Organization by resolution A.600(15).

THIS IS TO CERTIFY:

1That the ship has been surveyed in accordance with regulation 5 of Annex VI of the Convention; and

2That the survey shows that the equipment, systems, fittings, arrangements and materials fully comply with the applicable requirements of Annex VI of the Convention.

Completion date of survey on which this Certificate is based:. (dd/mm/yyyy)

This Certificate is valid until.................................................... ¹² subject to surveys in accordance with regulation 5 of Annex VI of the Convention.

† Insert the date of expiry as specified by the Administration in accordance with regulation 9.1 of Annex VI of the Convention. The day and the month of this date correspond to the anniversary date as defined in regulation 2.3 of Annex VI of the Convention, unless amended in accordance with regulation 9.8 of Annex VI of the Convention.

Issued at........................................................................................................................................

(Place of issue of certificate)

(dd/mm/yyyy): ........................................

(Date of issue)(Signature of authorized officialissuing the certificate)

(Seal or stamp of the authority, as appropriate)

Endorsement for annual and intermediate surveys

THIS IS TO CERTIFY that at a survey required by regulation 5 of Annex VI of the Convention the ship was found to comply with the relevant provisions of that Annex:

Annual survey:Signed:..................................................

(Signature of authorized official)

Place:..............................................

Date (dd/mm/yyyy):.....................

(Seal or stamp of the authority, as appropriate)

Annual/Intermediate ¹³ survey:Signed:................................................

• Delete as appropriate.

(Signature of authorized official)

Place:..................................................

Date (dd/mm/yyyy):.........................

(Seal or stamp of the authority, as appropriate)

Annual/Intermediate ^* survey:Signed:................................................

(Signature of authorized official)

Place:..................................................

Date (dd/mm/yyyy):.........................

(Seal or stamp of the authority, as appropriate)

Annual survey:Signed:..................................................

(Signature of authorized official)

Place:..............................................

Date (dd/mm/yyyy):.....................

(Seal or stamp of the authority, as appropriate)

Annual/intermediate survey in accordance with regulation 9.8.3

THIS IS TO CERTIFY that, at an annual/intermediate ¹⁴ survey in accordance with regulation 9.8.3 of Annex VI of the Convention, the ship was found to comply with the relevant provisions of that Annex:

• Delete as appropriate.

Signed:..........................................

(Signature of authorized official)

Place:.....................................................

Date (dd/mm/yyyy):............................

(Seal or stamp of the authority, as appropriate)

Endorsement to extend the certificate if valid for less than 5 years where regulation 9.3 applies

The ship complies with the relevant provisions of the Annex, and this certificate shall, in accordance with regulation 9.3 of Annex VI of the Convention, be accepted as valid until (dd/mm/yyyy):

Signed:..........................................

(Signature of authorized official)

Place:.....................................................

Date (dd/mm/yyyy):............................

(Seal or stamp of the authority, as appropriate)

Endorsement where the renewal survey has been completed and regulation 9.4 applies

The ship complies with the relevant provisions of the Annex, and this certificate shall, in accordance with regulation 9.4 of Annex VI of the Convention, be accepted as valid until (dd/mm/yyyy):

Signed:..........................................

(Signature of authorized official)

Place:.....................................................

Date (dd/mm/yyyy):............................

(Seal or stamp of the authority, as appropriate)

Endorsement to extend the validity of the certificate until reaching the port of survey or for a period of grace where regulation 9.5 or 9.6 applies

This certificate shall, in accordance with regulation 9.5 or 9.6 ¹⁵ of Annex VI of the Convention, be accepted as valid until (dd/mm/yyyy):

• Delete as appropriate.

Signed:..........................................

(Signature of authorized official)

Place:.....................................................

Date (dd/mm/yyyy):............................

(Seal or stamp of the authority, as appropriate)

Endorsement for advancement of anniversary date where regulation 9.8 applies

In accordance with regulation 9.8 of Annex VI of the Convention, the new anniversary date is (dd/mm/yyyy):

Signed:..........................................

(Signature of authorized official)

Place:.....................................................

Date (dd/mm/yyyy):............................

(Seal or stamp of the authority, as appropriate)

In accordance with regulation 9.8 of Annex VI of the Convention, the new anniversary date is (dd/mm/yyyy):

Signed:..........................................

(Signature of authorized official)

Place:.....................................................

Date (dd/mm/yyyy):............................

(Seal or stamp of the authority, as appropriate)

SUPPLEMENT TO

INTERNATIONAL AIR POLLUTION PREVENTION CERTIFICATE

(IAPP CERTIFICATE)

RECORD OF CONSTRUCTION AND EQUIPMENT

Notes:1This Record shall be permanently attached to the IAPP Certificate. The IAPP Certificate shall be available on board the ship at all times.2The Record 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.3Entries in boxes shall be made by inserting either a cross (x) for the answer “yes” and “applicable” or a (-) for the answers “no” and “not applicable” as appropriate.4Unless otherwise stated, regulations mentioned in this Record refer to regulations of Annex VI of the Convention and resolutions or circulars refer to those adopted by the International Maritime Organization.

1 Particulars of ship

1.1 Name of ship

1.2 IMO number

1.3 Date on which keel was laid or ship was at a similar stage of construction

1.4 Length (L) # metres

Completed only in respect of ships constructed on or after 1 January 2016, which are specially designed, and used solely, for recreational purposes and to which, in accordance with regulation 13.5.2.1, the NOx emission limit as given by regulation 13.5.1.1 will not apply.

2 Control of emissions from ships

2.1 Ozone depleting substances (regulation 12)

2.1.1 The following fire-extinguishing systems, other systems and equipment containing ozone depleting substances, other than hydro-chlorofluorocarbons, installed before 19 May 2005 may continue in service:

System or equipment	Location on board	Substance

2.1.2 The following systems containing hydro-chlorofluorocarbons (HCFCs) installed before 1 January 2020 may continue in service:

System or equipment	Location on board	Substance

2.2 Nitrogen oxides (NOx) (regulation 13)

2.2.1 The following marine diesel engines installed on this ship comply with the applicable emission limit of regulation 13 in accordance with the revised NOx Technical Code 2008:

		Engine#1	Engine#2	Engine#3	Engine#4	Engine#5	Engine#6
Manufacturer and model	Manufacturer and model
Serial number	Serial number
Use	Use
Power output (kW)	Power output (kW)
Rated speed (RPM)	Rated speed (RPM)
Date of installation(dd/mm/yyyy)	Date of installation(dd/mm/yyyy)
Date of majorconversion	Accordingto Reg.13.2.2
(dd/mm/yyyy)	According to Reg.13.2.3
Exempted by regulation13.1.1.2	Exempted by regulation13.1.1.2
Tier I Reg. 13.3	Tier I Reg. 13.3
Tier II Reg. 13.4	Tier II Reg. 13.4
Tier II Reg. 13.2.2 or 13.5.2	Tier II Reg. 13.2.2 or 13.5.2
Tier III Reg. 13.5.1.1	Tier III Reg. 13.5.1.1
Approved Method exists	Approved Method exists
Approved Method not commercially available	Approved Method not commercially available
Approved Method installed	Approved Method installed

2.3 Sulphur oxides (SO x ) and particulate matter (regulation 14)

2.3.1 When the ship operates within an Emission Control Area specified in regulation 14.3, the ship uses:

.1fuel oil with a sulphur content that does not exceed the applicable limit value as documented by bunker delivery notes; or

.2an equivalent arrangement approved in accordance with regulation 4.1 as listed in 2.6

2.4 Volatile organic compounds (VOCs) (regulation 15)

2.4.1 The tanker has a vapour collection system installed and approved in accordance with MSC/Circ.585

2.4.2.1 For a tanker carrying crude oil, there is an approved VOC Management Plan

2.4.2.2 VOC Management Plan approval reference:..............................................

2.5 Shipboard incineration (regulation 16)

The ship has an incinerator:

.1installed on or after 1 January 2000 which complies with resolution MEPC.76(40) as amended

.2installed before 1 January 2000 which complies with:

.2.1resolution MEPC.59(33)

.2.2resolution MEPC.76(40)

2.6 Equivalents (regulation 4)

The ship has been allowed to use the following 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:

System or equipment	Equivalent used	Approval Reference

THIS IS TO CERTIFY that this Record is correct in all respects.

Issued at............................................................................................................................

(Place of issue of the Record)

(dd/mm/yyyy): .........................

(Date of issue) (Signature of duly authorized

official issuing the Record)

(Seal or stamp of the authority, as appropriate)

APPENDIX II

TEST CYCLES AND WEIGHTING FACTORS

(Regulation 13)

The following test cycles and weighing factors shall be applied for verification of compliance of marine diesel engines with the applicable NOx limit in accordance with regulation 13 of this Annex using the test procedure and calculation method as specified in the revised NOx Technical Code 2008.

.1For constant-speed marine engines for ship main propulsion, including diesel-electric drive, test cycle E2 shall be applied;

.2For controllable-pitch propeller sets test cycle E2 shall be applied;

.3For propeller-law-operated main and propeller-law-operated auxiliary engines the test cycle E3 shall be applied;

.4For constant-speed auxiliary engines test cycle D2 shall be applied; and

.5For variable-speed, variable-load auxiliary engines, not included above, test cycle C1 shall be applied.

Test cycle for constant speed main propulsion application(including diesel-electric drive and all controllable-pitch propeller installations)

	Speed	100%	100%	100%	100%
Test cycle type E2	Power	100%	75%	50%	25%
	Weighting factor	0.2	0.5	0.15	0.15

Test cycle for propeller-law-operated main and propeller-law-operated auxiliary engine application

	Speed	100%	91%	80%	63%
Test cycle type E3	Power	100%	75%	50%	25%
	Weighting factor	0.2	0.5	0.15	0.15

Test cycle for constant-speed auxiliary engine application

	Speed	100%	100%	100%	100%	100%
Test cycle type E2	Power	100%	75%	50%	25%	10%
	Weightingfactor	0.05	0.25	0.3	0.3	0.1

Test cycle for variable-speed and load auxiliary engine application

Test	Speed	Rated	Rated	Rated	Rated	Intermediate	Intermediate	Intermediate	Idle
cycle	Torque	100%	75%	50%	10%	100%	75%	50%	0%
type C1	Weighting factor	0.15	0.15	0.15	0.1	0.1	0.1	0.1	0.15

In the case of an engine to be certified in accordance with subparagraph 5.1.1 of regulation 13, the specific emission at each individual mode point shall not exceed the applicable NOx emission limit value by more than 50% except as follows:

.1The 10% mode point in the D2 test cycle.

.2The 10% mode point in the C1 test cycle.

.3The idle mode point in the C1 test cycle.

APPENDIX III

CRITERIA AND PROCEDURES FOR DESIGNATION OF EMISSION CONTROL AREAS

(Regulation 13.6 and regulation 14.3)

1 OBJECTIVES

1.1 The purpose of this appendix is to provide the criteria and procedures to Parties for the formulation and submission of proposals for the designation of Emission Control Areas and to set forth the factors to be considered in the assessment of such proposals by the Organization.

1.2 Emissions of NOx, SOx and particulate matter from ocean-going ships contribute to ambient concentrations of air pollution in cities and coastal areas around the world. Adverse public health and environmental effects associated with air pollution include premature mortality, cardiopulmonary disease, lung cancer, chronic respiratory ailments, acidification and eutrophication.

1.3 An Emission Control Area should be considered for adoption by the Organization if supported by a demonstrated need to prevent, reduce, and control emissions of NOx or SOx and particulate matter or all three types of emissions (hereinafter emissions) from ships.

2 PROCESS FOR THE DESIGNATION OF EMISSION CONTROL AREAS

2.1 A proposal to the Organization for designation of an Emission Control Area for NOx or SOx and particulate matter or all three types of emissions may be submitted only by Parties. Where two or more Parties have a common interest in a particular area, they should formulate a coordinated proposal.

2.2 A proposal to designate a given area as an Emission Control Area should be submitted to the Organization in accordance with the rules and procedures established by the Organization.

3 CRITERIA FOR DESIGNATION OF AN EMISSION CONTROL AREA

3.1 The proposal shall include:

.1a clear delineation of the proposed area of application, along with a reference chart on which the area is marked;

.2the type or types of emission(s) that is or are being proposed for control (i.e. NOx or SOx and particulate matter or all three types of emissions);

.3a description of the human populations and environmental areas at risk from the impacts of ship emissions;

.4an assessment that emissions from ships operating in the proposed area of application are contributing to ambient concentrations of air pollution or to adverse environmental impacts. Such assessment shall include a description of the impacts of the relevant emissions on human health and the environment, such as adverse impacts to terrestrial and aquatic ecosystems, areas of natural productivity, critical habitats, water quality, human health, and areas of cultural and scientific significance, if applicable. The sources of relevant data including methodologies used shall be identified;

.5relevant information pertaining to the meteorological conditions in the proposed area of application to the human populations and environmental areas at risk, in particular prevailing wind patterns, or to topographical, geological, oceanographic, morphological, or other conditions that contribute to ambient concentrations of air pollution or adverse environmental impacts;

.6the nature of the ship traffic in the proposed Emission Control Area, including the patterns and density of such traffic;

.7a description of the control measures taken by the proposing Party or Parties addressing land-based sources of NOx, SOx and particulate matter emissions affecting the human populations and environmental areas at risk that are in place and operating concurrent with the consideration of measures to be adopted in relation to provisions of regulations 13 and 14 of Annex VI; and

.8the relative costs of reducing emissions from ships when compared with land-based controls, and the economic impacts on shipping engaged in international trade.

3.2 The geographical limits of an Emission Control Area will be based on the relevant criteria outlined above, including emissions and deposition from ships navigating in the proposed area, traffic patterns and density, and wind conditions.

4 PROCEDURES FOR THE ASSESSMENT AND ADOPTION OFEMISSION CONTROL AREAS BY THE ORGANIZATION

4.1 The Organization shall consider each proposal submitted to it by a Party or Parties.

4.2 In assessing the proposal, the Organization shall take into account the criteria which are to be included in each proposal for adoption as set forth in section 3 above.

4.3 An Emission Control Area shall be designated by means of an amendment to this Annex, considered, adopted and brought into force in accordance with article 16 of the present Convention.

5 OPERATION OF EMISSION CONTROL AREAS

5.1 Parties which have ships navigating in the area are encouraged to bring to the Organization any concerns regarding the operation of the area.

APPENDIX IV

TYPE APPROVAL AND OPERATING LIMITSFOR SHIPBOARD INCINERATORS

(Regulation 16)

1 Ships incinerators described in regulation 16.6.1 on board shall possess an IMO type approval certificate for each incinerator. In order to obtain such certificate, the incinerator shall be designed and built to an approved standard as described in regulation 16.6.1. Each model shall be subject to a specified type approval test operation at the factory or an approved test facility, and under the responsibility of the Administration, using the following standard fuel/waste specification for the type approval test for determining whether the incinerator operates within the limits specified in paragraph 2 of this appendix:

Sludge Oil Consisting of:	75% Sludge oil from HFO;5% waste lubricating oil; and20% emulsified water.
Solid waste consisting of:	50% food waste;50% rubbish containing;approx. 30% paper,“ 40% cardboard, “ 10% rags,“ 20% plasticThe mixture will have up to 50% moisture and 7% incombustible solids.
2 Incinerators described in regulation 16.6.1 shall operate within the following limits:	2 Incinerators described in regulation 16.6.1 shall operate within the following limits:
O2 in combustion chamber:	6 — 12%
CO in flue gas maximum average:	200 mg/MJ
Soot number maximum average:	Bacharach 3 orRingelman 1 (20% opacity)(A higher soot number is acceptable only during very short periods such as starting up)
Unburned components in ash residues:	Maximum 10% by Weight
Combustion chamber flue gas outlet temperature range:	850 — 1,200°C

APPENDIX V

INFORMATION TO BE INCLUDED IN THE BUNKER DELIVERY NOTE

(Regulation 18.5)

Name and IMO Number of receiving ship

Port

Date of commencement of delivery

Name, address, and telephone number of marine fuel oil supplier

Product name(s)

Quantity in metric tons

Density at 15 o C, kg/m3* ¹⁶

• Fuel oil shall be tested in accordance with ISO 3675:1998 or ISO 12185:1996.

Sulphur content (%m/m) ¹⁷

** Fuel oil shall be tested in accordance with ISO 8754:2003.

A declaration signed and certified by the fuel oil supplier’s representative that the fuel oil supplied is in conformity with the applicable subparagraph of regulation 14.1 or 14.4 and regulation 18.3 of this Annex.

APPENDIX VI

FUEL VERIFICATION PROCEDURE FOR MARPOL ANNEX VI FUEL OIL SAMPLES

(Regulation 18.8.2)

The following procedure shall be used to determine whether the fuel oil delivered to and used on board ships is compliant with the sulphur limits required by regulation 14 of Annex VI.

1 General Requirements

1.1 The representative fuel oil sample, which is required by paragraph 8.1 of regulation 18 (the “MARPOL sample”) shall be used to verify the sulphur content of the fuel oil supplied to a ship.

1.2 An Administration, through its competent authority, shall manage the verification procedure.

1.3 The laboratories responsible for the verification procedure set forth in this appendix shall be fully accredited ¹⁸ for the purpose of conducting the tests.

• Accreditation is in accordance with ISO 17025 or an equivalent standard.

2 Verification Procedure Stage 1

2.1 The MARPOL sample shall be delivered by the competent authority to the laboratory.

2.2 The laboratory shall:

.1record the details of the seal number and the sample label on the test record;

.2confirm that the condition of the seal on the MARPOL sample has not been broken; and

.3reject any MARPOL sample where the seal has been broken.

2.3 If the seal of the MARPOL sample has not been broken, the laboratory shall proceed with the verification procedure and shall:

.1ensure that the MARPOL sample is thoroughly homogenized;

.2draw two sub-samples from the MARPOL sample; and

.3reseal the MARPOL sample and record the new reseal details on the test record.

2.4 The two sub-samples shall be tested in succession, in accordance with the specified test method referred to in appendix V. For the purposes of this verification procedure, the results of the test analysis shall be referred to as “A” and “B”:

.1If the results of “A” and “B” are within the repeatability (r) of the test method, the results shall be considered valid.

.2If the results of “A” and “B” are not within the repeatability (r) of the test method, both results shall be rejected and two new sub-samples should be taken by the laboratory and analysed. The sample bottle should be resealed in accordance with paragraph 2.3.3 above after the new sub-samples have been taken.

2.5 If the test results of “A” and “B” are valid, an average of these two results should be calculated thus giving the result referred to as “X”:

.1If the result of “X” is equal to or falls below the applicable limit required by Annex VI, the fuel oil shall be deemed to meet the requirements.

.2If the result of “X” is greater than the applicable limit required by Annex VI, Verification Procedure Stage 2 should be conducted; however, if the result of “X” is greater than the specification limit by 0.59R (where R is the reproducibility of the test method), the fuel oil shall be considered non-compliant and no further testing is necessary.

3 Verification Procedure Stage 2

3.1 If Stage 2 of the verification procedure is necessary in accordance with paragraph 2.5.2 above, the competent authority shall send the MARPOL sample to a second accredited laboratory.

3.2 Upon receiving the MARPOL sample, the laboratory shall:

.1record the details of the reseal number applied in accordance with 2.3.3 and the sample label on the test record;

.2draw two sub-samples from the MARPOL sample; and

.3reseal the MARPOL sample and record the new reseal details on the test record.

3.3 The two sub-samples shall be tested in succession, in accordance with the test method specified in appendix V. For the purposes of this verification procedure, the results of the test analysis shall be referred to as “C” and “D”:

.1If the results of “C” and “D” are within the repeatability (r) of the test method, the results shall be considered valid.

.2If the results of “C” and “D” are not within the repeatability (r) of the test method, both results shall be rejected and two new sub-samples shall be taken by the laboratory and analysed. The sample bottle should be resealed in accordance with paragraph 3.2.3 after the new sub-samples have been taken.

3.4 If the test results of “C” and “D” are valid, and the results of “A”, “B”, “C”, and “D” are within the reproducibility (R) of the test method then the laboratory shall average the results, which is referred to as “Y”:

.1If the result of “Y” is equal to or falls below the applicable limit required by Annex VI, the fuel oil shall be deemed to meet the requirements.

.2If the result of “Y” is greater than the applicable limit required by Annex VI, then the fuel oil fails to meet the standards required by Annex VI.

3.5 If the result of “A”, “B”, “C” and “D” are not within the reproducibility (R) of the test method then the Administration may discard all of the test results and, at its discretion, repeat the entire testing process.

3.6 The results obtained from the verification procedure are final.

---

GIVEN under my Official Seal,

23 June 2010.

NOEL DEMPSEY,

Minister for Transport.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give effect to the 2008 revision of Annex VI as added to the International Convention for the Prevention of Pollution from Ships (MARPOL Convention) by its Protocol adopted by the International Maritime Organization on 26 September 1997.

The Regulations, which apply to Irish ships everywhere and to other ships when they are in the inland waters and territorial seas of the State, control emissions from ships with a view to protecting human health and preventing air pollution.

The Regulations provide for improved specification of marine diesel engines in order to reduce the emission of nitrogen oxides; reduction of sulphur content of marine fuels in order to reduce sulphur oxide emissions; and a mechanism for the setting up of Emission Control Areas where shipping is particularly busy or where population may be concentrated near a maritime area, and in which higher standards of emission control are to apply. The Regulations also provide for improved regulation of ozone-depleting substances, volatile organic compounds, shipboard incineration of wastes and cargo residues, and port reception facilities.

Section 29 of the Sea Pollution Act 1991 provides for penalties for breaches of these Regulations.

Footnotes