Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2017.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Regulations may be cited as the Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2017.
num: 2
paragraphs: The purpose of these Regulations includes giving effect to Resolution MEPC.251(66) adopted on 4 April 2014 by the Marine Environment Protection Committee of the Organization, the text of which, for ease of reference, is set out in the Schedule.
num: 3
paragraphs: The Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2010 ( S.I. No. 313 of 2010 (as amended by the Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2013 ( S.I. No. 35 of 2013 )) are amended—
(a) in Regulation 12—
(i) in paragraph (4), by substituting for subparagraph (b) the following:
“(b) For a major conversion involving the replacement of a marine diesel engine with a non-identical marine diesel engine, or the installation of an additional marine diesel engine, the standards in this Regulation at the time of the replacement or addition of the engine shall apply. In the case of replacement engines only, if it is not possible for such a replacement engine to meet the standards set forth in paragraph (7)(a)(i) (Tier III, as applicable), then that replacement engine shall meet the standards set forth in paragraph 6 (Tier II), taking into account the 2013 Guidelines as required by regulation 13.2.2 of MARPOL Annex VI in respect of non-identical replacement engines not required to meet the Tier III limit, adopted by the Marine Environment Protection Committee of the Organization by Resolution MEPC.230(65), as may be amended from time to time.”, and
(ii) by substituting for subparagraphs (a) and (b) of paragraph (7) the following:
“(7)(a) Subject to section 11 of the Act, in an emission control area designated for Tier III NOX control under paragraph 6 of regulation 13 of Annex VI, as set out in paragraph (8), the operation of a marine diesel engine that is installed on a ship:
(i) is prohibited except when the emission of nitrogen oxides (calculated as the total weighted emission of NOX) from the engine is within the following limits, where n = rated engine speed (crankshaft revolutions per minute):
(I) 3.4 g/kWh when n is less than 130 rpm;
(II) 9 · n(–0.2) g/kWh when n is 130 or more but less than 2,000 rpm;
(III)2.0g/kWh when n is 2,000 rpm or more;
when—
(A) that ship is constructed on or after 1 January 2016 and is operating in the North American Emission Control Area or the United States Caribbean Sea Emission Control Area, or
(B) that ship is operating in an emission control area designated for Tier III NOX control under paragraph 6 of regulation 13 of Annex VI, as set out in paragraph (8), other than an emission control area described in subparagraph (a)(ii), and is constructed on or after the date of adoption of such an emission control area, or a later date as may be specified in the amendment designating the NOX Tier III emission control area, whichever is later.
(b) The standards set out in subparagraph (a)(i) do not apply to—
(i) a marine diesel engine installed on a ship with a length (L), as defined in regulation 1.19 of Annex I to the MARPOL Convention, of less than 24 metres when it has been specifically designed, and is used solely, for recreational purposes,
(ii) a marine diesel engine installed on a ship with a combined nameplate diesel engine propulsion power of less than 750 kW if it is demonstrated, to the satisfaction of the Minister, that the ship cannot comply with the standards set out in subparagraph (a)(i) because of design or construction limitations of the ship, or
(iii) a marine diesel engine installed on a ship constructed prior to 1 January 2021 of less than 500 gross tonnage, with a length (L), as defined in regulation 1.19 of Annex I to the MARPOL Convention, of 24 m or over when it has been specifically designed, and is used solely, for recreational purposes.”,
(b) in Regulation 17A—
(i) by deleting the definitions for ‘combination carrier’ and ‘container ship’ and substituting the following:
“ ‘cargo ship having ice-breaking capability’, in relation to Part 3A, means a cargo ship which is designed to break level ice independently with a speed of at least 2 knots when the level ice thickness is 1.0 m or more having ice bending strength of at least 500 kPa;
‘combination carrier’ means a ship designed to load 100 percent deadweight with both liquid and dry cargo in bulk;
‘container ship’ means a ship designed exclusively for the carriage of containers in holds and on deck;
‘conventional propulsion’, in relation to Part 3A, means a method of propulsion where any main reciprocating internal combustion engines are the prime movers and coupled to any propulsion shafts either directly or through any gear boxes;
‘cruise passenger ship’, in relation to Part 3A, means a passenger ship not having a cargo deck, designed exclusively for commercial transportation of passengers in overnight accommodations on a sea voyage;”,
(ii) by substituting for the definition of ‘gas carrier’ the following:
“ ‘gas carrier’, in relation to Part 3A, means a cargo ship, other than an LNG carrier, constructed or adapted and used for the carriage in bulk of any liquefied gas;”,
(iii) by inserting after the definition of ‘general cargo ship’ the following:
“ ‘LNG carrier’, in relation to Part 3A, means a cargo ship constructed or adapted and used for the carriage in bulk of liquefied natural gas (LNG);”,
(iv) by inserting after the definition of ‘new ship’ the following:
“ ‘non-conventional propulsion’, in relation to Part 3A, means a method of propulsion, other than conventional propulsion, including diesel-electric propulsion, turbine propulsion, and hybrid propulsion systems;”, and
(v) by inserting after the definition of “SEEMP” the following:
“ ‘ship delivered on or after 1 September 2019’ means a ship—
(a) for which the building contract is placed on or after 1 September 2015,
(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 March 2016, or
(c) the delivery of which is on or after 1 September 2019;”,
(c) in Regulation 17B—
(i) by substituting for paragraph (2) the following:
“(2) This Part does not apply to:
(a) ships registered in the State solely engaged in voyages within the territorial seas of the State, or
(b) ships not propelled by mechanical means, and platforms including FPSOs and FSUs and drilling rigs, regardless of their propulsion.”;
(ii) by substituting for paragraph (3) the following:
“(3) Regulations 17C and 17D do not apply to—
(a) ships which have non-conventional propulsion, except that Regulations 17C and 17D shall apply to cruise passenger ships having non-conventional propulsion and LNG carriers having conventional or non-conventional propulsion, delivered on or after 1 September 2019, or
(b) cargo ships having ice-breaking capability.”,
(d) by substituting for paragraph (1) of Regulation 17C the following:
“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, regulation 2.38 and regulation 2.39 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;
(viii) passenger ship;
(ix) ro-ro cargo ship (vehicle carrier);
(x) ro-ro cargo ship;
(xi) ro-ro passenger ship;
(xii) LNG carrier;
(xiii) cruise passenger ship.”,
(e) in Regulation 17D—
(i) by substituting for paragraph (1) the following:
“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 of the following categories specified in regulation 2.25 to regulation 2.31, regulation 2.33 to regulation 2.35, regulation 2.38 and regulation 2.39 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;
(viii) ro-ro cargo ship (vehicle carrier);
(ix) ro-ro cargo ship;
(x) ro-ro passenger ship;
(xi) LNG carrier;
(xii) cruise passenger ship,
and to which Part 3A is applicable, the attained EEDI shall be as follows:
Attained EEDI ≤ Required EEDI = (1-X/100) x reference line value
where X is the reduction factor specified in table 1 for the required EEDI compared to the EEDI reference line.”,
(ii) in paragraph (2):
(iii) in paragraph (3), by inserting in Table 2 the following rows in respect of ro-ro cargo ships (vehicle carriers), LNG carriers, cruise passenger ships having non-conventional propulsion, ro-ro cargo ships and ro-ro passenger ships as follows: