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

Made: 12th November 2008

Laid before Parliament: 14th November 2008

Coming into force: 8th December 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by articles 2 and 3 of the Merchant Shipping (Prevention of Air Pollution from Ships) Order 2006[^f00001], article 2 of the Merchant Shipping (Prevention of Pollution)(Law of the Sea Convention) Order 1996[^f00002] and section 128(5) and (6) of the Merchant Shipping Act 1995[^f00003]:

PART 1 — General

Citation and commencement

1

These Regulations may be cited as the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 and come into force on 8th December 2008.

Interpretation

2

• (1) In these Regulations—

• “the 1995 Act” means the Merchant Shipping Act 1995;

• “the 1995 Regulations” means the Merchant Shipping (Port State Control) Regulations 1995[^f00004];

• ...

• “the 2016 Directive” means Directive (EU) 2016/802 of the European Parliament and of the Council of 11th May 2016 relating to a reduction in the sulphur content of certain liquid fuels;

• “additional survey” means a survey carried out under regulation 10(3);

• “Annex VI” means Annex VI to the Convention;

• “anniversary date” means the day and month of each year which will correspond to the date of expiry of the latest appropriate certificate which has been issued and which is still valid in respect of the ship in question;

• “annual survey” means a survey carried out under regulation 7(2) and described in Regulation 5.1.4 of Annex VI;

• “annual survey period” means the period specified in regulation 7(5);

• “appropriate certificate” means—an IAPP Certificate, in relation to—a platform which is or will be engaged in voyages to waters under the sovereignty or jurisdiction of a Contracting Government other than the United Kingdom, andany other United Kingdom ship of 400 GT or above which is or will be engaged in voyages to a port or offshore terminal under the jurisdiction of a Contracting Government other than the United Kingdom,a UKAPP Certificate in relation to—a platform which is not or will not be engaged in voyages to waters under the sovereignty or jurisdiction of a Contracting Government other than the United Kingdom, andany other United Kingdom ship of 400 GT or above which is not and will not be engaged in voyages to a port or offshore terminal under the jurisdiction of a Contracting Government other than the United Kingdom;

• “Baltic Sea emission control area” means the area designated as such in regulation 1.11.2 of Annex I to the Convention;

• “Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State in accordance with regulation 4 (certifying authorities) of the Merchant Shipping (Survey and Certification) Regulations 2015;

• “Contracting Government” means the Government of a State which has consented to be bound by the Convention, and for which the Protocol of 1997 to the Convention is in force;

• “the Convention” means the International Convention for the Prevention of Pollution from Ships, 1973[^f00006] including its protocols, annexes and appendices, as amended by the Protocols of 1978[^f00007] and 1997[^f00008] ....

• “continuous feed” in relation to a shipboard incinerator, means 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 temperatures within the range of 850° and 1200°C;

• “controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea for the protection and preservation of the marine environment;

• “date of expiry”, in relation to an appropriate certificate held in respect of a ship, means the last day of the period specified in that appropriate certificate as the period for which the certificate is valid;

• “electronic record book” means any device or system approved by the Secretary of State which is used in lieu of a hard copy record book to record electronically any entry required by these Regulations in respect of any discharge, transfer or other operation;

• “emission” means any release of a substance subject to control by these Regulations from a ship into the atmosphere or sea;

• “emission control area” means—the Baltic Sea emission control area;the North Sea emission control area;the North American emission control area;the United States Caribbean emission control area; andany other sea area, including a port area, designated by the Marine Environment Protection Committee of the IMO as an emission control area for the purposes of Annex VI;

• “exclusive economic zone”, in relation to a foreign State, means the area beyond and adjacent to the territorial sea of that State, but not extending beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured;

• “flag State”, in relation to a ship, means the State whose flag the ship is entitled to fly;

• “fuel oil” means any fuel delivered to and intended for combustion purposes for propulsion or operation on board a ship, including gas, distillate and residual fuels;

• “GT” means gross tonnage, and the gross tonnage of a ship is to be determined for the purposes of these Regulations in accordance with Schedule 1;

• “harbour master” has the same meaning as in section 144(7) of the 1995 Act;

• “IAPP Certificate” means a certificate entitled “International Air Pollution Prevention Certificate” issued in accordance with the Convention;

• ““IEE Certificate” means an international energy efficiency certificate issued in accordance with the Convention;

• “IMO” means the International Maritime Organization;

• “intermediate survey” means a survey carried out under regulation 8 and described in Regulation 5.1.3 of Annex VI;

• “intermediate survey period” means the period specified in regulation 8(4);

• “Marine Guidance Note” means a note described as such and issued by the MCA and any reference to a particular Marine Guidance Note includes a reference to a Marine Guidance Note amending or replacing that Note which is considered by the Secretary of State to be relevant from time to time;

• “maximum continuous rating of the engine” means the rated power in kW as given in the Engine International Air Pollution Prevention Certificate issued in accordance with the NOx Technical Code;

• “MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

• “Merchant Shipping Notice” means a notice described as such and issued by the MCA, and any reference to any particular Merchant Shipping Notice includes a reference to a Merchant Shipping Notice amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;

• “nautical mile” means an international nautical mile of 1,852 metres;

• “new installation” means the installation of systems, equipment, including new portable fire extinguishing units, insulation, or other material on a ship, but excludes repair or recharge of previously installed systems, equipment, insulation, or other material, and excludes recharge of portable fire extinguishing units;

• “non-conventional propulsion” has the meaning given by Regulation 2.2.19 of Annex VI;

• “North American emission control area” means the area designated as such in Appendix VII to Annex VI;

• “North Sea emission control area” means the area designated as such in regulation 1.14.6 of Annex V to the Convention;

• “noxious liquid substance” has the meaning given in regulation 1.10 of Annex II to the Convention;

• “NOx Technical Code” means the Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines [^f00010]and includes any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

• “offshore terminal” means an installation situated away from the shore, where bulk, fluid or gas cargo (or more than one of these) is—transferred between ships,loaded onto a ship after having been transported from the shoreline, orunloaded from a ship for transporting to the shoreline;

• “ozone-depleting substance” means a controlled substance defined in paragraph 4 of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987[^f00011] listed in Annex A, B, C or E to that Protocol and in Appendix 4 to Merchant Shipping Notice 1819 (M+F);

• “platform” includes fixed and floating platforms and drilling rigs;

• “Polar Code” has the meaning given by Regulation 2.2.21 of Annex VI;

• “prescribed fee” means any fee due under the Merchant Shipping (Fees) Regulations 2018;

• “Protocol of 1997” means the Protocol, dated 26th September 1997, to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto;

• “relevant IMO Guidelines” means—in regulation 25A and paragraph 6D of Schedule 4, the 2022 Guidelines for the development of a ship energy efficiency management plan (SEEMP), adopted on 10th June 2022 by Resolution MEPC.346(78);in paragraph 6A of Schedule 4, the 2022 Guidelines on operational carbon intensity indicators and the calculation methods (CII Guidelines, G1), adopted on 10th June 2022 by Resolution MEPC.352(78);in paragraph 6C of Schedule 4—the 2021 Guidelines on the operational carbon intensity reduction factors relative to reference lines (CII reduction factors Guidelines, G3), adopted on 17th June 2021 by Resolution MEPC.338(76);the 2022 Guidelines for administration verification of ship fuel oil consumption data and operational carbon intensity, adopted on 10th June 2022 by Resolution MEPC.348(78);the 2022 Guidelines on operational carbon intensity indicators and the calculation methods (CII Guidelines, G1) adopted on 10th June 2022 by Resolution MEPC.352(78);the 2022 Guidelines on the reference lines for use with operational carbon intensity indicators (CII reference lines Guidelines, G2) adopted on 10th June 2022 by Resolution MEPC.353(78);the 2022 Guidelines on the operational carbon intensity rating of ships (CII rating Guidelines, G4), adopted on 10th June 2022 by Resolution MEPC.354(78);the 2022 Interim Guidelines on correction factors and voyage adjustments for CII calculations (CII Guidelines, G5) adopted on 10th June 2022 by Resolution MEPC.355(78);in regulation 2A, any of the guidelines mentioned in paragraphs (a) to (c) of this definition;

• “relevant offence” means an offence comprising a contravention of regulation 11ZA(1) or (4), 13B(4), 19A(1) or (4), 20(1), 21(4), (4B) or (4D), 23(3) or (4), 24(1), (4) or (7), 25(3A) or (3B) , 25A(2) or (3), 25B(1) or paragraph 2(2), (3), (3A) or (5) of Schedule 2A;

• “renewal survey” means a survey carried out under regulation 6(3) and described in Regulation 5.1.2 of Annex VI;

• “sea” includes any estuary or arm of the sea;

• ““SEEMP” means a ship energy efficiency management plan described in regulation 25A;

• “ship” means a vessel of any type whatsoever, including a hydrofoil boat, an air-cushion vehicle, a submersible, a floating craft and a platform, which is operating in the marine environment—beyond the limits of waters in categories A and B, orin waters in category C, but excluding deep lakes and lochs where the significant wave height (calculated as four times the square root of the area under the wave energy spectrum) could not be expected to exceed 1.2 metres at any time,where categories A, B and C have the meanings given to them in Merchant Shipping Notice 1776(M);

• “shipboard incineration” means the incineration on board a ship of wastes or other matter generated during the normal operation of the ship;

• “shipboard incinerator” means a shipboard facility designed for the primary purpose of incineration;

• “short voyage” means a voyage which— does not exceed 1000 nautical miles between the last port of call in the country in which the voyage begins and the last port of call in the voyage before beginning any return voyage, andon any return voyage does not exceed 1000 nautical miles between the port of call in which the ship begins its return voyage and the first port of call in the country in which the voyage began,and for the purposes of this definition, no account is to be taken of any deviation by a ship from its intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled;

• “sludge oil” means sludge from fuel 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;

• “Statement of Compliance” means a statement of compliance relating to fuel oil consumption reporting and operational carbon intensity rating, issued in accordance with Regulation 6.6 or 6.7 of Annex VI;

• “STCW Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers [^f00012], as amended in 1995 by resolution 1 of the STCW Convention [^f00013], convened at the IMO’s headquarters from 26th June to 7th July 1995;

• ...

• “surveyor” means a surveyor of ships or any other person appointed by a Certifying Authority (other than the Secretary of State) to be a surveyor and “survey” means a survey carried out by a surveyor;

• “tanker” means—an oil tanker as defined in regulation 1(5) of Annex I to the Convention, ora chemical tanker as defined in regulation 1.16.1 of Annex II to the Convention;.

• “terminal operator” means the person who controls the activities of any terminal, jetty, pier, floating structure or other work within a port at which ships can obtain shelter or ship and unship goods or passengers;

• “UKAPP Certificate” means a certificate entitled “United Kingdom Air Pollution Prevention Certificate” issued by a Certifying Authority and evidencing compliance with these Regulations;

• “United States Caribbean emission control area” means the area designated as such in Appendix VII to Annex VI;

• “warship” means a ship belonging to the armed forces of a State bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the State and whose name appears in the appropriate service list or its equivalent, and the crew of which is under regular armed forces discipline.

• (2) For the purposes of these Regulations, “United Kingdom ship” means a ship which—

• (a) is registered in the United Kingdom, or

• (b) is not registered under the law of any country but is wholly owned by persons each of whom is—

• (i) a British Citizen, a British overseas territories citizen or a British Overseas citizen, or

• (ii) a body corporate which is established under the law of any part of the United Kingdom and has its principal place of business in the United Kingdom.

• (3) Any reference in Part 2 to a survey, so far as it concerns a survey of engines and equipment for compliance with regulation 21, means a survey in accordance with the NOx Technical Code.

• (4) Any reference in these Regulations to the date of construction of a ship is a reference to the date on which the keel of the ship is laid or on which the ship is at a stage of construction at which—

• (a) construction identifiable with a specific ship has begun, and

• (b) assembly of that ship has incorporated at least 50 tonnes of structural material or one per cent of the estimated mass of all structural material, whichever is less.

• (5) In the application of these Regulations to—

• (a) an air-cushion vehicle, a reference to the master of a ship includes a reference to the captain of that air-cushion vehicle, and

• (b) a platform, a reference to the master of a ship includes a reference to the manager of that platform.

Application and exemptions

3

• (1) Subject to—

• (a) paragraphs (2) to (12), and

• (b) paragraphs 2 to 4, 6 and 7 of Schedule 2A,

these Regulations apply to—

• (i) a United Kingdom ship wherever it may be, and

• (ii) any other ship while it is within United Kingdom waters.

• (2) Regulations 5 to 11 apply to—

• (a) a platform, other than one that is registered in, or is not registered in but is entitled to fly the flag of, a country whose Government is a Contracting Government other than the United Kingdom,

• (b) any other United Kingdom ship of 400 GT or above,

wherever it may be.

• (2A) Subject to paragraph (2B), regulations 11ZA, 11A and 13B apply to a ship—

• (a) of 400 GT or above;

• (b) which is a United Kingdom ship;

• (c) which falls within paragraph 2.5, 2.7, 2.9, 2.11, 2.14 to 2.16, 2.22, or 2.26 to 2.29 of Regulation 2 of Annex VI; and

• (d) which is engaged on voyages beyond the seaward limit of the United Kingdom territorial sea.

• (2B) Regulations 11ZA, 11A and 13B do not apply where the ship—

• (a) is not propelled by mechanical means;

• (b) has non-conventional propulsion, unless it is a ship which falls within paragraph 2.11 or 2.16 of Regulation 2 of Annex VI; or

• (c) is a category A ship as defined in the Polar Code.

• (3) Regulation 12 applies to—

• (a) a platform engaged in voyages to waters under the sovereignty or jurisdiction of a Contracting Government other than the United Kingdom,

• (b) any United Kingdom ship of 400 GT or above engaged in voyages to ports or offshore terminals under the jurisdiction of a Contracting Government other than the United Kingdom.

• (3A) Regulation 12A applies to a ship to which regulation 11A applies, if it is engaged in voyages to ports or off-shore terminals under the jurisdiction of a Contracting Government.

• (4) Regulations 13 and 19(1) apply to a ship which is—

• (a) not a United Kingdom ship,