Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2013.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2013.
(2) These Regulations come into operation on the day after the date on which notice of their making is published in Iris OifigiÃºil.
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paragraphs: The purpose of these Regulations includes giving effect to Resolutions MEPC.202(62) and MEPC.203(62) adopted on 15 July 2011 by the Marine Environment Protection Committee of the International Maritime Organization, the text of which, for ease of reference, is set out in Schedule 1 and Schedule 2 respectively.
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paragraphs: The Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2010 ( S.I. No. 313 of 2010 ) are amended—
(a) in Regulation 2(1)—
(i) in the definition of “IAPP Certificate” by deleting “International Air Pollution Certificate” and substituting “International Air Pollution Prevention Certificate”,
(ii) by inserting after the definition of “IAPP Certificate” the following:
“ ‘IEE Certificate’ means an International Energy Efficiency Certificate;”,
(iii) by substituting for the definition of “recognised organisation” the following:
“ ‘recognised organisation’ means an organisation authorised by the Minister under the European Communities (Ship Inspection and Survey Organisations) Regulations 2011 (No. 275 of 2011) to carry out surveys or inspections;”, and
(iv) by substituting for the definition of “surveyor” the following:
“ ‘surveyor’ means a surveyor of ships or an inspector appointed under section 20 of the Act for the purposes of section 17;
‘tanker’, for the purposes of Regulation 14 and Part 3A, where the context permits, means an oil tanker which has the meaning given to it in Regulation 2 of the Sea Pollution (Prevention of Oil Pollution) Regulations 2007 ( S.I. No. 788 of 2007 ) or a chemical tanker which has the meaning given to it in Regulation 2 of the Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 2008 ( S.I. No. 217 of 2008 ).”,
(b) by substituting for the heading of Regulation 7 the following:
“Issue and endorsement of IAPP Certificates.”,
(c) by inserting after Regulation 7 the following:
“Issue and endorsement of IEE Certificates.
7A.(1) An IEE Certificate for the ship shall be issued after a survey, in accordance with the provisions of regulation 5.4 of Annex VI, to any ship of 400 gross tonnage and above before that ship may engage in voyages to ports or offshore terminals under the jurisdiction of other Parties.
(2) An IEE Certificate shall be issued or endorsed, as appropriate, by a qualified person.
(3) An IEE Certificate shall not be issued to a ship which is entitled to fly the flag of a state which is not a Party.”,
(d) by substituting for Regulation 8 the following:
“Form of IAPP Certificate.
8. (1) The IAPP Certificate shall be in the form set out in Appendix I of Annex VI and shall be in at least one of the following languages:
(a) English;
(b) French;
(c) Spanish.
(2) Subject to paragraph (1), where the official language of the state whose flag the ship is entitled to fly, has been used in an IAPP Certificate, then that language shall prevail in case of a dispute or discrepancy.
Form of IEE Certificate.
8A.(1) The IEE Certificate shall be in the form set out in Appendix VIII of Annex VI and shall be in at least one of the following languages:
(a) English;
(b) French;
(c) Spanish.
(2) Subject to paragraph (1), where the official language of the state whose flag the ship is entitled to fly, has been used in an IEE Certificate, then that language shall prevail in case of a dispute or discrepancy.”,
(e) by inserting after Regulation 9 the following:
“Duration and validity of IEE Certificate.
9A.(1) Subject to paragraph (2), an IEE Certificate shall be valid throughout the life of the ship.
(2) An IEE Certificate issued in accordance with the criteria specified in Annex VI shall cease to be valid in any of the following cases:
(a) if the ship is withdrawn from service or if a new IEE Certificate is issued following major conversion of the ship;
(b) upon transfer of the ship to the flag of another state.”,
(f) by substituting for paragraph (8) of Regulation 12 the following:
“(8) For the purposes of this Regulation, Emission Control Areas shall be:
(a) the North American area, which means the area described by the coordinates provided in Appendix VII of Annex VI;
(b) the United States Caribbean Sea area, which means the area described by the coordinates provided in Appendix VII of Annex VI;
(c) any other sea area, including any port area, designated by the Organization in accordance with the criteria and procedures set forth in Appendix III of Annex VI.”,
(g) by substituting for paragraph (9)(c) of Regulation 12 the following:
“(c) With regard to a marine diesel engine with a power output of more than 5,000 kW and a per cylinder displacement at or above 90 litres installed on a ship constructed on or after 1 January 1990 but prior to 1 January 2000, the IAPP Certificate shall, for a marine diesel engine to which paragraph (9)(a) applies, indicate that either an approved method has been applied pursuant to paragraph (9)(a)(i) or the engine has been certified pursuant to paragraph (9)(a)(ii) or that an approved method does not yet exist or is not yet commercially available as described in paragraph (9)(b).”,
(h) by substituting for paragraph (2) of Regulation 13 the following:
“(2) For the purpose of this Regulation, Emission Control Areas shall include the following:
(a) the Baltic Sea area as defined in regulation 1.11.2 of Annex I of the MARPOL Convention and the North Sea area as defined in regulation 1.12.6 of Annex V of the MARPOL Convention;
(b) the North American area as described by the coordinates provided in Appendix VII of Annex VI;
(c) the United States Caribbean Sea area as described by the coordinates provided in Appendix VII of Annex VI;
(d) any other sea area, including any port area, designated by the Organization in accordance with the criteria and procedures set forth in Appendix III of Annex VI.”,
(i) in paragraph (3) of Regulation 13 by—
(i) substituting “2010;” for “2010; and” in subparagraph (b),
(ii) substituting “2015; and” for “2015.” in subparagraph (c), and
(iii) by inserting after subparagraph (c) the following:
“(d) prior to 1 January 2020, the sulphur content of fuel oil referred to in this paragraph shall not apply to ships operating in the North American area or the United States Caribbean Sea area, defined in paragraph (2), built on or before 1 August 2011 that are powered by propulsion boilers that were not originally designed for continued operation on marine distillate fuel or natural gas.”,
(j) by substituting for paragraph (6) of Regulation 13 the following:
“(6) Subject to paragraph (7), during the first 12 months immediately following entry into force of an amendment designating a specific Emission Control Area under paragraph (2), ships operating in that Emission Control Area are exempt from the requirements in paragraphs (3) and (5), and from the requirements of paragraph (4) insofar as they relate to paragraph (3).
(7) The 12 month exemption referred to in paragraph (6) will apply for the North American Emission Control Area until 1 August 2012 and will apply for the United States Caribbean Sea Emission Control Area until 1 January 2014.”,
(k) by inserting after Regulation 17 the following:
“PART 3A
REGULATIONS ON ENERGY EFFICIENCY FOR SHIPS
Interpretation (Part 3A).
17A.In this Part—
‘attained EEDI’ is the EEDI value achieved by an individual ship in accordance with Regulation 17C;
‘bulk carrier’ means a ship which is intended primarily to carry dry cargo in bulk, including such types as ore carriers as defined in SOLAS chapter XII, regulation 1, but excluding combination carriers;
‘container ship’ means a ship designed exclusively for the carriage of containers in holds and on deck;
‘combination carrier’ means a ship designed to load 100% deadweight with both liquid and dry cargo in bulk;
‘EEDI’ means Energy Efficiency Design Index;
‘existing ship’ means a ship which is not a new ship;
‘gas carrier’ means a cargo ship constructed or adapted and used for the carriage in bulk of any liquefied gas;
‘general cargo ship’ means a ship with a multi-deck or single deck hull designed primarily for the carriage of general cargo but excludes specialized dry cargo ships, which are not included in the calculation of reference lines for general cargo ships, namely livestock carriers, barge carriers, heavy load carriers, yacht carriers or nuclear fuel carriers;
‘major conversion’, in relation to a conversion of a ship, means a conversion—
(a) which substantially alters the dimensions, carrying capacity or engine power of the ship,
(b) which changes the type of the ship,
(c) the intent of which in the opinion of the Minister is substantially to prolong the life of the ship,
(d) which otherwise so alters the ship that, if it were a new ship, it would become subject to relevant provisions of the MARPOL Convention not applicable to it as an existing ship, or
(e) which substantially alters the energy efficiency of the ship and includes any modifications that could cause the ship to exceed the applicable required EEDI as set out in Regulation 17D;
‘new ship’ means a ship—
(a) for which the building contract is placed on or after 1 January 2013,
(b) in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 1 July 2013, or
(c) the delivery of which is on or after 1 July 2015;
‘passenger ship’ means a ship which carries more than 12 passengers;
‘refrigerated cargo carrier’ means a ship designed exclusively for the carriage of refrigerated cargoes in holds;
‘required EEDI’ is the maximum value of attained EEDI that is allowed by Regulation 17D for the specific ship type and size;
‘ro-ro cargo ship’ means a ship designed for the carriage of roll-on-roll-off cargo transportation units;
‘ro-ro cargo ship (vehicle carrier)’ means a multi-deck roll-on-roll-off cargo ship designed for the carriage of empty cars and trucks;
‘ro-ro passenger ship’ means a passenger ship with roll-on-roll-off cargo spaces;
‘SEEMP’ means Ship Energy Efficiency Management Plan;
‘SMS’ means a safety management system within the meaning of Article 1.4 of the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the Assembly of the Organization on 4 November 1993 under Resolution A.741(18), as amended.
Application.
17B.(1) This Part applies to all ships of 400 gross tonnage and above.
(2) The provisions of this Part shall not apply to ships registered in the State solely engaged in voyages within the territorial seas of the State.
(3) Regulations 17C and 17D shall not apply to ships which have diesel-electric propulsion, turbine propulsion or hybrid propulsion systems.
(4) Notwithstanding the provisions of paragraph (1), the Minister may waive the requirement for a ship of 400 gross tonnage and above from complying with Regulations 17C and 17D.
(5) Paragraph (4) shall not apply to ships of 400 gross tonnage and above for which —
(a) the building contract is placed on or after 1 January 2017,
(b) in the absence of a building contract, the keel is laid or is at a similar stage of construction on or after 1 July 2017,
(c) the delivery is on or after 1 July 2019, or
(d) in cases of a major conversion of a new or existing ship, on or after 1 January 2017, and in which regulation 5.4.2 and regulation 5.4.3 of Chapter II of Annex VI apply.
Attained EEDI.
17C.(1) The attained EEDI shall be calculated for—
(a) each new ship,
(b) each new ship which has undergone a major conversion, or
(c) each new or existing ship which has undergone a major conversion, that is so extensive that the ship is regarded by the Minister as a newly constructed ship,
which falls into one or more of the following categories specified in regulation 2.25 to regulation 2.35 of Annex VI:
(i) bulk carrier;
(ii) combination carrier;
(iii) container ship;
(iv) gas carrier;
(v) general cargo ship;
(vi) passenger ship;
(vii) refrigerated cargo carrier;
(viii) ro-ro cargo ship (vehicle carrier);
(ix) ro-ro cargo ship;
(x) ro-ro passenger ship;
(xi) tanker.
(2) The attained EEDI shall be specific to each ship and shall indicate the estimated performance of the ship in terms of energy efficiency and be accompanied by the EEDI technical file that contains the information necessary for the calculation of the attained EEDI and that shows the process of calculation. The attained EEDI shall be verified, based on the EEDI technical file, by a qualified person.
(3) The attained EEDI shall be calculated taking into account the Guidelines on the method of calculation of the Energy Efficiency Design Index for new ships, as may be amended from time to time, developed by the Organization.
Required EEDI.
17D.(1) For each—
(a) new ship,
(b) new ship which has undergone a major conversion, or
(c) new or existing ship which has undergone a major conversion that is so extensive that the ship is regarded by the Minister as a newly constructed ship,
which falls into one or more of the following categories specified in regulation 2.25 to regulation 2.31 of Annex VI:
(i) bulk carrier;
(ii) gas carrier;
(iii) tanker;
(iv) container ship;
(v) general cargo ship;
(vi) refrigerated cargo carrier;
(vii) combination carrier,
and to which this Part is applicable, the attained EEDI shall be as follows:
Attained EEDI Required EEDI = (1-X/100) Reference line value
where X is the reduction factor specified in Table 1 for the required EEDI compared to the EEDI Reference line.
(2) For each new and existing ship that has undergone a major conversion which is so extensive that the ship is regarded by the Minister as a newly constructed ship, the attained EEDI shall be calculated and meet the requirement of paragraph (1) with the reduction factor applicable corresponding to the ship type and size of the converted ship at the date of the contract of the conversion, or in the absence of a contract, the commencement date of the conversion.
TABLE 1
Reduction factors (in percentage) for the EEDI relative to the EEDI Reference line
*Reduction factor to be linearly interpolated between the two values dependent upon vessel size. The lower value of the reduction factor is to be applied to the smaller ship size.n/a means that no required EEDI applies.
(3) The Reference line values shall be calculated as follows:
Reference line value = a b–c
where a, b and c are the parameters given in Table 2.
TABLE 2
Parameters for determination of reference values for the different ship types
(4) Where the design of a ship allows it to fall into more than one of the above ship type definitions, the required EEDI for the ship shall be the most stringent (the lowest) required EEDI.
(5) For each ship to which this Regulation applies, the installed propulsion power shall not be less than the propulsion power needed to maintain the manoeuvrability of the ship under adverse conditions as defined in the guidelines developed by the Organization.
(6) Notice is given that the Organization has undertaken, at the beginning of Phase 1 and at the midpoint of Phase 2, to review the status of technological developments and, where necessary, amend the time periods, the EEDI reference line parameters for relevant ship types and reduction rates set out in this Regulation.
SEEMP
17E.(1) Each ship shall keep on board a ship specific SEEMP which may form part of the ship’s SMS.
(2) The SEEMP shall be developed taking into account guidelines adopted by the Organization.”,