Irish Statutory Instruments

ARRANGEMENT OF REGULATIONS

PART 1

General

1. Citation.

2. Interpretation.

3. Application.

4. Emission of substances subject to control by Annex VI.

5. Equivalents.

PART 2

Survey, certification and means of control

6. Survey and certification.

7. Issue and endorsement of IAPP Certificate.

8. Form of IAPP Certificate.

9. Duration and validity of IAPP Certificate.

10. Detection of violations and enforcement.

PART 3

Requirements for control of emissions from ships

11. Ozone-depleting substances.

12. Nitrogen Oxides (NOx).

13. Sulphur Oxides (SOx).

14. Volatile Organic Compounds (VOCs).

15. Shipboard incineration.

16. Reception facilities.

17. Fuel oil availability and quality.

PART 4

Revocation

18. Revocation.

SCHEDULE

ANNEX VI of the MARPOL Convention

# 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:

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

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:

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:

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)

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

Test cycle for constant-speed auxiliary engine application

Test cycle for variable-speed and load auxiliary engine application

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:

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* ^*

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

Sulphur content (%m/m) ^**

** 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 ^* 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.

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.

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

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)

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

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

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

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

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

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

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

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

-� 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.

* Delete as appropriate.

* Delete as appropriate.

* Delete as appropriate.

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

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

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