Merchant Shipping (MARPOL Annex VI - Prevention of Air Pollution) Order 2014

Transcription

1 Merhant Shipping (MARPOL Annex VI - Prevention of Air Index MERCHANT SHIPPING (MARPOL ANNEX VI - PREVENTION OF AIR POLLUTION) ORDER 2014 Index Artile Page PART 1 - INTRODUCTORY 3 1 Title Commenement Appliation Interpretation Operator s responsibility Provisions relating to offenes... 5 PART 2 PREVENTION OF AIR POLLUTION 6 7 Requirement to omply with MARPOL Annex VI Approvals No hange to be made after survey Aident or defet with a ship Exemption Equivalents Waiver from appliation of regulation IAPP Certifiate IEE Certifiate... 9 PART 3 ENFORCEMENT IAPP Certifiate may be withdrawn Prohibition on engaging on ertain voyages without a valid IAPP Certifiate Prohibition on engaging on ertain voyages without a valid IEE Certifiate PART 4 FOREIGN SHIPS Interpretation for this part Foreign ship operator s responsibility Inspetion of a foreign ship Provisions relating to enforement and detention of foreign ships PART 5 FUEL OIL QUALITY Interpretation for this Part Appliation for this Part Register of loal suppliers of fuel oil Bunker delivery note and representative sample of fuel oil SD 2014/0223 Page 1

2 Index Merhant Shipping (MARPOL Annex VI - Prevention of Air 27 Offenes and penalties PART 6 REVOCATIONS Revoations Page 2 SD 2014/0223

3 Merhant Shipping (MARPOL Annex VI - Prevention of Air Artile 1 Statutory Doument No. 2014/0223 Oil Pollution At 1986 MERCHANT SHIPPING (MARPOL ANNEX VI - PREVENTION OF AIR POLLUTION) ORDER 2014 Approved by Tynwald: 16 July 2014 Coming into Operation: 1 August 2014 The Department of Eonomi Development, after onsulting the Seretary of State, makes the following Order under setion 14 of the Oil Pollution At PART 1 - INTRODUCTORY 1 Title This Order is the Merhant Shipping (MARPOL Annex VI - Prevention of Air. 2 Commenement If approved by Tynwald, this Order omes into operation on 1 August Appliation (1) Unless provided otherwise, Parts 2 and 3 apply to a Manx ship wherever it may be; and a foreign ship, whih is a fixed or floating platform engaged in exploration and exploitation of the sea-bed and subsoil in the territorial waters of the Island. (2) Part 4 applies to a foreign ship in the territorial waters of the Island. (3) Part 5 applies to a fuel oil supplier and a loal supplier of fuel oil. 1 Tynwald approval is required by setion 17 Oil Pollution At SD 2014/0223 Page 3

4 Artile 4 Merhant Shipping (MARPOL Annex VI - Prevention of Air (4) This Order does not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government, non-ommerial servie. 4 Interpretation (1) In this Order Convention ountry means a ountry whih has onsented to be bound by MARPOL Annex VI; foreign ship means any ship that is not a Manx ship; fuel oil means any fuel delivered to and intended for ombustion purposes for propulsion or operation on board a ship, inluding distillate and residual fuels; fuel oil supplier means a person who is responsible for the final blend of fuel oil supplied to a loal supplier of fuel oil; gross tonnage means the gross tonnage alulated in aordane with the Regulations for Determining Gross and Net Tonnages of Ships ontained in Annex I to the International Convention on Tonnage Measurement of Ships 1969; IAPP Certifiate means the International Air Pollution Prevention Certifiate speified in regulation 6; IEE Certifiate means the International Energy Effiieny Certifiate speified in regulation 6; IMO means the International Maritime Organization; inspetor means a person appointed as an inspetor under setion 3(1) of the Merhant Shipping At 1985; loal supplier of fuel oil means a person who reeives fuel oil from a fuel oil supplier for delivery to a ship in the Island or the territorial waters of the Island by barge or diret from shore; Manx ship has the meaning given by setion 1 of the Merhant Shipping Registration At 1991 and inludes a ship registered under Part IV of that At (the Demise Charter Register) or under Part 3 of the Harbours At 2010 (pleasure raft and ertain other vessels); marine environment means the sea or other waters and the atmosphere above; MSN means a Manx Shipping Notie issued by the Department of Eonomi Development and inludes any doument amending the same; MARPOL Convention means the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protools of 1978 and 1997; Page 4 SD 2014/0223

5 Merhant Shipping (MARPOL Annex VI - Prevention of Air Artile 5 MARPOL Annex VI means Annex VI of the MARPOL Convention inluding all amendments made to that Annex up to and inluding those adopted by IMO resolution MEPC.217 (63) on 2 Marh 2012 and whih ame into fore on 1 August 2013; operator means the person registered as the owner of a Manx ship in aordane with the Merhant Shipping Registration At 1991 or Part 3 of the Harbours At 2010 (pleasure raft and ertain other vessels) (as the ase may be), or any other person who has assumed responsibility for the operation of the ship from the owner and who on assuming that responsibility has agreed to take over all the duties and responsibilities imposed by the MARPOL Convention; RO means any reognised organisation speified in MSN 020 whih is authorised by the Department of Eonomi Development to undertake the speified funtion; ship means a vessel of any type operating in the marine environment and inludes hydrofoil boats, air-ushion vehiles, submersibles, floating raft and fixed or floating platforms; and territorial waters of the Island means the territorial sea adjaent to the Island; and any waters within the area that extend landward from the baselines from whih the breadth of the territorial sea is measured as far as the mean high water mark of ordinary spring tides. (2) In this Order a referene to a numbered regulation is a referene to the regulation so numbered in MARPOL Annex VI. 5 Operator s responsibility (1) An operator must ensure a ship omplies with the requirements of Parts 2 and 3. (2) Paragraph (1) applies whether or not this Order imposes an obligation on another person. (3) An operator who fails to omply with paragraph (1) ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 6 Provisions relating to offenes (1) It is a defene for a person harged under this Order to show that he or she took all reasonable steps to avoid the ommission of the offene. (2) If the ommission by any person of an offene under this Order is due to the at or default of some other person, that other person is guilty of the offene and a person may be harged with and onvited of the offene SD 2014/0223 Page 5

6 Artile 7 Merhant Shipping (MARPOL Annex VI - Prevention of Air by virtue of this artile whether or not proeedings are taken against the first-mentioned person. (3) If a body orporate is guilty of an offene under this Order, and that offene is proved to have been ommitted with the onsent or onnivane of, or to have been attributable to any neglet on the part of a diretor, manager, seretary or other similar offier of the body orporate, or any person who was purporting to at in any suh apaity, he or she, as well as the body orporate, is guilty of that offene and is liable to be proeeded against and punished aordingly. (4) If the affairs of a body orporate are managed by its members, paragraph (3) applies in relation to the ats and defaults of a member in onnetion with his or her funtions of management as if the member were a diretor of the body orporate. (5) For the purposes of this artile, body orporate inludes a limited liability ompany onstituted under the Limited Liability Companies At 1996 and, in relation to that ompany, any referene to a diretor or other offier of a body orporate is a referene to a member and to the ompany s manager and registered agent. PART 2 PREVENTION OF AIR POLLUTION 7 Requirement to omply with MARPOL Annex VI (1) A ship must omply with suh of the requirements of MARPOL Annex VI as apply in relation to a ship of its desription. This is subjet to any later provision of this Part. (2) In aordane with regulation , regulation 13 does not apply to any marine diesel engine whih is installed on a ship onstruted, or undergoes a major onversion, before 19 May 2005, provided the ship is engaged solely on voyages within the territorial waters of the Island. (3) In aordane with regulation , regulation does not apply to any ininerator whih is installed on board a ship before 19 May 2005 provided the ship is engaged solely on voyages within the territorial waters of the Island. (4) Referenes in MARPOL Annex VI (but subjet to any more speifi provision) to Administration are to be read as a referene to the Department of Eonomi Development. Page 6 SD 2014/0223

7 Merhant Shipping (MARPOL Annex VI - Prevention of Air Artile 8 (5) For the purposes of regulation 2.8, emission ontrol areas shall inlude those areas listed in or designated under MSN 038 in aordane with MARPOL Annex VI. (6) For the purposes of regulation 5.1.2, a renewal survey must be onduted at intervals not exeeding 5 years. (7) For the purposes of regulation 9.7, the speial irumstanes are as speified in MSN 038. (8) For the purposes of regulation 14.6, the presribed log book is as speified in MSN Approvals (1) If MARPOL Annex VI requires any plan or manual to be approved by the Administration, the plan or manual must be approved in writing by the Department of Eonomi Development or RO. (2) If MARPOL Annex VI requires any system or equipment to be approved by the Administration, the system or equipment must be approved by the Department of Eonomi Development or RO. (3) The approval speified in paragraph (2) is only valid if it is in writing; and if any onditions stated in it are omplied with. 9 No hange to be made after survey (1) For the purposes of regulation 5.5 after any survey has been ompleted no hange may be made to the equipment, systems, fittings, arrangements or material overed by the survey, without the express approval in writing of the Department of Eonomi Development or RO. This is subjet to the following qualifiation. (2) The diret replaement of suh equipment and fittings with equipment and fittings that onform with the provisions of MARPOL Annex VI is permitted. 10 Aident or defet with a ship (1) For the purposes of regulation 5.6, if an aident ours to a ship, or a defet is disovered that substantially affets the effiieny or ompleteness of its equipment overed by MARPOL Annex VI, the ship s master or operator must report at the earliest opportunity to the Department of Eonomi Development and RO responsible for issuing the relevant ertifiate, and in any ase no later than 48 hours after the aident or disovery of the defet. (2) A master who fails to omply with paragraph (1) ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on SD 2014/0223 Page 7

8 Artile 11 Merhant Shipping (MARPOL Annex VI - Prevention of Air onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 11 Exemption (1) In aordane with regulation 3.2, the Department of Eonomi Development may in o-operation with other Administrations as appropriate, issue an exemption from speifi provisions of MARPOL Annex VI for a ship to ondut trials for the development of emission redution and ontrol tehnologies; and engine design programmes. (2) An exemption issued under paragraph (1) may only be issued in aordane with the provisions of regulation Equivalents (1) In aordane with regulation 4, the Department of Eonomi Development may permit any fitting, material, appliane or apparatus to be fitted in a ship or other proedures, alternative fuel oils, or ompliane methods used as an alternative to that required by MARPOL Annex VI if suh fitting, material, appliane or apparatus or other proedures, alternative fuel oils, or ompliane methods are at least as effetive in terms of reduing emissions as that required by MARPOL Annex VI, inluding any of the standards set out in regulations 13 and 14. (2) In aordane with regulation 18.11, for a ship of 400 gross tonnage or above on sheduled servies with frequent and regular port alls, the Department of Eonomi Development may deide after appliation and onsultation with affeted States that ompliane with regulation 18.6 may be doumented in an alternative manner whih gives similar ertainty of ompliane with regulations 14 and Waiver from appliation of regulation 19.4 (1) In aordane with regulation 19.4, the Department of Eonomi Development may waive the requirement for a ship of 400 gross tonnage or above to omply with regulations 20 and 21. (2) A waiver is only valid () if it is in writing; from the date stated in it; and if any onditions stated in it are omplied with. Page 8 SD 2014/0223

9 Merhant Shipping (MARPOL Annex VI - Prevention of Air Artile IAPP Certifiate (1) A ship of 400 gross tonnage or above engaged in voyages to ports or offshore terminals under the jurisdition of Convention ountries or the Island must arry a valid IAPP Certifiate issued in aordane with regulations 6 or 7; and endorsed in aordane with regulations and (2) A ship whih is a platform or drilling rig engaged in voyages to waters under the sovereignty or jurisdition of Convention ountries or the Island must arry a valid IAPP Certifiate issued in aordane with regulations 6 or 7; and endorsed in aordane with regulations and (3) For the purposes of regulation 9.1, an IAPP Certifiate is valid for the period stated in it, whih must not exeed 5 years. (4) In aordane with regulations 9.3 and 9.5, the Department of Eonomi Development or, with the permission of the Department of Eonomi Development an RO, may extend the validity of an IAPP Certifiate. (5) In aordane with regulation 9.9, an IAPP Certifiate eases to be valid () if the relevant surveys are not ompleted within the periods speified in regulation 5.1; if the ertifiate is not endorsed in aordane with regulations or 5.1.4; or when a ship hanges flag. 15 IEE Certifiate (1) A ship of 400 gross tonnage or above engaged in voyages to ports or offshore terminals under the jurisdition of Convention ountries or the Island must arry a valid IEE Certifiate issued in aordane with regulations 6 or 7. (2) In aordane with regulation 9.11, an IEE Certifiate eases to be valid if the ship is withdrawn from servie or if a new ertifiate is issued following a major onversion of the ship; or when a ship hanges flag. SD 2014/0223 Page 9

10 Artile 16 Merhant Shipping (MARPOL Annex VI - Prevention of Air PART 3 ENFORCEMENT 16 IAPP Certifiate may be withdrawn The Department of Eonomi Development or, with the permission of the Department of Eonomi Development an RO, may withdraw an IAPP Certifiate if the ondition of the equipment does not orrespond substantially with the partiulars of the ertifiate and any required orretive ation has not been taken; or the ship is not fit to proeed to sea without presenting an unreasonable threat of harm to the marine environment. 17 Prohibition on engaging on ertain voyages without a valid IAPP Certifiate (1) A ship of 400 gross tonnage or above must not engage on a voyage to a port or offshore terminal under the jurisdition of a Convention ountry or the Island without a valid IAPP Certifiate. (2) A ship whih is a platform or drilling rig must not engage on a voyage to waters under the sovereignty or jurisdition of a Convention ountry or the Island without a valid IAPP Certifiate. (3) If a ship attempts to engage on a voyage in ontravention of paragraphs (1) or (2), the master ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 18 Prohibition on engaging on ertain voyages without a valid IEE Certifiate (1) A ship of 400 gross tonnage or above must not engage on a voyage to a port or offshore terminal under the jurisdition of a Convention ountry or the Island without a valid IEE Certifiate. (2) If a ship attempts to engage on a voyage in ontravention of paragraph (1), the master ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. PART 4 FOREIGN SHIPS 19 Interpretation for this Part In this Part foreign ship operator means the owner of the foreign ship or any other person who has assumed responsibility for the operation of the ship from Page 10 SD 2014/0223

11 Merhant Shipping (MARPOL Annex VI - Prevention of Air Artile 20 the owner and who on assuming that responsibility has agreed to take over all the duties and responsibilities imposed by the MARPOL Convention. 20 Foreign ship operator s responsibility (1) A foreign ship in the territorial waters of the Island must omply with suh of the requirements of MARPOL Annex VI as apply in relation to a ship of its desription. (2) A foreign ship operator who fails to omply with paragraph (1) ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 21 Inspetion of a foreign ship An inspetor may inspet a foreign ship in a port of the Island to verify any one or more of the following, namely () that there is on board a valid IAPP Certifiate or valid IEE Certifiate if the ship is required by MARPOL Annex VI to have that ertifiate; ompliane with operational requirements under MARPOL Annex VI if there are lear grounds for believing that the master or rew are not familiar with essential shipboard proedures relating to the prevention of air pollution from ships; whether the ship has emitted any of the substanes overed by MARPOL Annex VI in violation of the provisions of that Annex. 22 Provisions relating to enforement and detention of foreign ships (1) If an inspetor arries out an inspetion in aordane with artile 21 and finds that the IAPP Certifiate or IEE Certifiate is not produed or maintained, does not ontain the information required by MARPOL Annex VI, or is otherwise invalid; or there are lear grounds for believing that the ondition of the ship or its equipment does not orrespond substantially with the partiulars of the ertifiate, the ship may be detained until it an proeed to sea without presenting an unreasonable threat of harm to the marine environment. This is subjet to the qualifiation in paragraph (2). (2) An inspetor may grant a detained ship permission to leave the port for the purpose of proeeding to the nearest appropriate repair yard available. SD 2014/0223 Page 11

12 Artile 23 Merhant Shipping (MARPOL Annex VI - Prevention of Air (3) If an inspetor arries out an inspetion in aordane with artile 21 the ship may be detained until the situation has been brought into order in aordane with the requirements of MARPOL Annex VI. Note: If an inspetor arries out an inspetion in aordane with artile 21() and the inspetion indiates a violation of MARPOL Annex VI, a report must be forwarded to the ship s flag State for any appropriate ation. (4) If an inspetion is onduted or when measures are taken in aordane with paragraphs (1) to (3), all reasonable efforts must be made to avoid a ship being unreasonably detained or delayed. (5) If a ship is detained in aordane with this artile, setion 74 of the Merhant Shipping Registration At 1991 (whih relates to the detention of a ship) has effet, subjet to the following modifiations in sub-setions (1) and (2), after any offier of the Department, insert «any inspetor,»; in sub-setion (3), for this At (wherever ourring) substitute «the MARPOL Annex VI Order»; and () after sub-setion (3) add «(4) In this setion inspetor has the meaning given by artile 4(1) of the MARPOL Annex VI Order; and MARPOL Annex VI Order means the Merhant Shipping (MARPOL Annex VI - Prevention of Air Pollution) Order 2014.» PART 5 FUEL OIL QUALITY 23 Interpretation for this Part In this Part - ertifiate of quality means a doument provided to a loal supplier of fuel oil by the fuel oil supplier whih ertifies that the fuel oil delivered omplies with regulation 14(1) or 14(4) (as appliable) and regulation 18(3); and loal supplier s representative means a person who delivers fuel oil to a ship on behalf of a loal supplier of fuel oil. 24 Appliation for this Part This Part does not apply to - oal in its solid form; or Page 12 SD 2014/0223

13 Merhant Shipping (MARPOL Annex VI - Prevention of Air Artile 25 the use of hydroarbons whih are produed and subsequently used on site as fuel, if that use has been approved in writing by the Department of Eonomi Development. 25 Register of loal suppliers of fuel oil A loal supplier of fuel oil must not deliver fuel oil for ombustion purposes to a ship unless it is registered with the Department of Eonomi Development in aordane with the provisions of MSN Bunker delivery note and representative sample of fuel oil (1) A loal supplier of fuel oil whih delivers fuel oil for ombustion purposes to a ship to whih regulations 5 and 6 apply must provide a ship with a bunker delivery note. (2) The bunker delivery note must () (d) ontain the information speified in MARPOL Annex VI appendix V; be aompanied by a opy of the ertifiate of quality whih relates to the fuel oil delivered; be retained by the loal supplier of fuel oil for 3 years from the date of delivery for inspetion and verifiation purposes; and be aompanied by a representative sample of the fuel oil delivered. (3) The representative sample of fuel oil referred to in paragraph (2)(d) must be olleted taking into aount any guidelines developed by the IMO and on ompletion of the bunkering operations be signed and sealed by the loal supplier s representative and the master or offier in harge of the bunker operation. (4) Paragraphs (1) to (3) do not apply to gas fuels suh as liquefied natural gas, ompressed natural gas or liquefied petroleum gas. The sulphur ontent of gas fuels delivered to a ship speifially for ombustion purposes on board that ship must be doumented by the supplier. 27 Offenes and penalties (1) A fuel oil supplier who delivers fuel oil to a loal supplier of fuel oil that does not omply with that ertified on the ertifiate of quality ommits an offene and is liable on summary onvition to a fine not exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. (2) A loal supplier of fuel oil who fails to omply with any provision of this Part ommits an offene and is liable on summary onvition to a fine not SD 2014/0223 Page 13

14 Artile 28 Merhant Shipping (MARPOL Annex VI - Prevention of Air exeeding 5,000 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. (3) For the purposes of paragraph (2), failure to omply inludes failure to ensure that the loal supplier s representative omplies with artile 26(3). PART 6 REVOCATIONS 28 Revoations The following are revoked () the Merhant Shipping (Prevention of Air Pollution from Ships) Order ; the Merhant Shipping (Prevention of Air Pollution from Ships) Regulations ; and the Merhant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations MADE 12 JUNE 2014 JOHN SHIMMIN Minister for Eonomi Development 2 SD175/05 3 SD239/05 4 SD77/12 Page 14 SD 2014/0223

15 Merhant Shipping (MARPOL Annex VI - Prevention of Air Explanatory Note EXPLANATORY NOTE (This note is not part of the Order) This Order gives effet to Annex VI of the MARPOL Convention (ontaining Regulations for the Prevention of Air Pollution from Ships) inluding all amendments made to that Annex up to and inluding those adopted by IMO resolution MEPC.217 (63) on 2 Marh 2012 and whih ame into fore on 1 August Unless provided otherwise, Parts 2 and 3 of this Order apply to a Manx ship wherever it may be, and a foreign ship whih is a fixed or floating platform engaged in the exploration and exploitation of the sea-bed and subsoil in the territorial waters of the Island. Part 4 of the Order applies MARPOL Annex VI to a foreign ship in the territorial waters of the Island. In addition to regulating ships, MARPOL Annex VI imposes ertain requirements on suppliers of fuel oil. Part 5 of this Order applies to fuel oil suppliers and loal suppliers of fuel oil. The Order revokes and replaes existing subordinate legislation whih give effet to Annex VI of the MARPOL Convention. Copies of this doument and MSNs (Manx Shipping Noties) are obtainable from the Isle of Man Ship Registry, Department of Eonomi Development, St Georges Court, Upper Churh Street, Douglas, Isle of Man, IM1 1EX and an be aessed via the website: The International Convention for the Prevention of Pollution from Ships 1973, its Protools, IMO resolutions and irulars an be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR SD 2014/0223 Page 15