ICOMIA Technical Guidance Note - Application of MARPOL Annex VI Tier III Regulation 13

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1 12 September 2014 ICOMIA Technical Guidance Note - Application of MARPOL Annex VI Tier III Regulation Purpose. The purpose of this note is to provide practical guidance to the superyacht builders following the amendments to MARPOL Annex VI Tier III Regulation 13 at MEPC 66 in April this year. 2. Tier III amendments with Comments. I have reproduced below the amendments to the Tier III paragraphs of Regulation 13 with comments as appropriate: "Tier III 5.1 Subject to regulation 3 of this Annex, in an emission control area designated for Tier III NOX control under paragraph 6 of this regulation, the operation of a marine diesel engine that is installed on a ship:.1 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): g/kwh when n is less than 130 rpm;.2 9 n ( 0.2) g/kwh g/kwh when n is 130 or more but less than 2,000 rpm; g/kwh when n is 2,000 rpm or more; when:.2 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; Comment: These are the two already IMO published NECAs which cover the whole of the USA, Canada and French Overseas Territories (St Pierre & Miquelon) and US Caribbean seas (centred on Puerto Rico and US Virgin Is) when:.3 that ship is operating in an emission control area designated for Tier III NOX control under paragraph 6 of this regulation, other than an emission control area described in paragraph of this regulation, 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.

2 Comment: This amendment addresses the application date of new NECAs which are adopted at IMO (they cannot just be imposed by a flag state). It would make no sense for a new NECA in for example 2025 requiring ships to have the technology fitted from 1 January The standards set forth in paragraph of this regulation shall not apply to:.1 a marine diesel engine installed on a ship with a length (L), as defined in regulation 1.19 of Annex I to the present Convention, of less than 24 metres when it has been specifically designed, and is used solely, for recreational purposes; or Comment. This is unchanged and exempts recreational boats less than 24 metres (LLL) from Tier III.2 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 Administration, that the ship cannot comply with the standards set forth in paragraph of this regulation because of design or construction limitations of the ship; or Comment. This exemption which is not time limited may be a better choice for builders of semi-custom sailing yacht whose hull design will continue to be built beyond 1 January Note applications for this exemption should be made to a preferred Administration such as UK MCA..3 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 present convention, of 24 m or over when it has been specifically designed, and is used solely, for recreational purposes. Comment. This amendment is very specific to ensure only ships specifically designed for recreational purposes and used for recreational purposes benefit from it. Note it is not concerned with who owns the yacht To ensure there are no subsequent questions concerning a yacht s intended use and consequent design, yards are advised to include statements to that effect in their build contracts IMO has not defined recreational purposes and ICOMIA will not seek a definition from IMO. It is evident private yachts are covered by this amendment but what of charter yachts? We have asked the main yacht flag registries to confirm their treatment of charter yachts and the Tier III delay amendment. The UK MCA and Marshall Is have confirmed they will treat charter yachts as recreational and the French and Italian yacht codes already state this. A response is still awaited from Malta. Specific details are in the appendix.

3 1. France. DEFINITION OF RECREATIONAL VESSELS (NUP AND NUC ) Appendix to ICOMIA MARPOL Tier III Technical Guidance Note Decree n of 30 August 1984 on the protection of human life, habitability on vessels and pollution prevention, as amended by Decree of 30 January For the purposes of this Decree : Consolidated Version 9 February 2012 I. - The fundamental types of vessels are defined as follows: 1 Passenger ship: any ship carrying more than twelve passengers. Sailing ships carrying not more than thirty people are excluded from this definition. 2 Fishing vessel: any vessel used commercially for catching and processing fish, other marine animals, harvesting of marine plants or exploitation of living resources of the sea 3 Recreational vessels: 3.1 Recreational vessel for personal use: any vessel used for private purposes by its owner, a non profit organization, a tenant who has the disposal or borrower for free for a tourist or recreational navigation; 3.2 Training vessel: any vessel used in the framework of activities: - of a water sports center or underwater subject to the provisions of Article L of the Sports Code ; - of a state agreed training institution whose purpose to obtain entitlements for driving or commanding a recreational pleasure craft ; 3.3 Recreational vessel for commercial use: any vessel on which are embarked, under conditions defined by decree of the Minister in charge of the sea, under the responsibility of the owner, its representative or its deputy himself onboard, passengers involved in touristic or sports navigation. This navigation excludes operating a regular line. 4 Cargo Ship: any ship which is not a passenger ship, a fishing vessel or a recreational vessel. 5 Special vessel: any vessel with autonomous mechanical propulsion which, due to its function, is authorized to carry a specific number of working persons and more than twelve passengers.. 2. Italy Legislative decree 18 July 2005, n. 171 Recreational boating code and implementation of Directive 2003/44/CE, under article 6 of the law 8 July 2003, n. 172 Art. 1 Purpose and Scope 1. The provisions of this Decree shall apply to recreational boating. 2. For the purpose of this code, recreational boating is intended the one carried in maritime and inland waters for sporting or recreational purposes and not for profit. 3. ( ) Art. 2 Commercial use of recreational craft 1. The recreational craft is used commercially when: a) is the subject of a lease or a charter; b) is used for the teaching of professional yachting; c) is used by diving and underwater training as a support unit for practicing scuba diving in sporting or recreational purposes. 2. The use for commercial vessels and pleasure craft shall be noted in the relevant registers of matriculation, with details of the activities carried out and the owners or operators of the units, sole proprietorships or partnerships, operating these commercial activities and with details of their registration in the commercial register of the competent Chamber of Commerce. The details of the annotation can be found on the navigation license. 3. ( ) 4. The craft referred to in subsection 1, letter a), may be used only for the activities in which they are engaged.

4 Art. 3 Recreational craft 1. The craft intended for recreational boating are called: a) unità da diporto: meaning every craft of any type and with any means of propulsion for use in the recreational boating; b) nave da diporto: meaning any craft with hull length greater than twenty-four meters, measured according to the harmonized standards EN/ISO/DIS 8666 for the measurement of natanti and imbarcazioni da diporto; c) imbarcazione da diporto: meaning any craft with hull length greater than ten meters but less than twenty-four meters, measured according to the harmonized standards at letter b); d) natante da diporto: meaning any craft with rowing propulsion or with hull length less or equal to ten meters, measured according to the harmonized standards at letter b). 3. Malta. The following is added to the Malta Commercial Yacht Code 2013 Section 16 MARPOL: With regards to Marpol Annex VI Reg.13 Tier III requirements, the term for recreational purposes, shall also apply to Commercial Yachts i.e. Tier III requirements do not apply to: a) Commercial Yachts < 24m in length; b) Commercial Yachts 24m and < 500GT, constructed prior to January Marshall Islands. The following text in italics will be added to the MI-103 Yacht Code: 31.0 STATUTORY REQUIREMENTS MARPOL Annex VI All yachts shall comply with the requirements of MARPOL Annex VI: Regulations for the Prevention of Air Pollution from Ships. Yachts of 400 GT and above are required to be surveyed to verify compliance and be issued with the following: a. International Air Pollution Prevention Certificate (IAPPC); and b. Supplement to the IAPPC; and maintain an c. Ozone-Depleting Substances Record Book; and d. Ship Energy Efficiency Management Plan (SEEMP). e. In addition, yachts that are required to comply with Regulation 13 of Annex VI shall have a Technical file and an Engine IAPPC (EIAPPC) for each marine diesel engine over 130 kw. Subject to regulation 3 of Annex VI, in an emission control area designated for Tier III NO X control under paragraph 6 of regulation 13, the entry into force of amendments to regulation 13 setting forth revised standards in paragraph for the operation of a marine diesel engine that is installed on a ship in accordance with paragraph 5.1.2, shall not apply to: a. a marine diesel engine installed on a yacht with a length (L), as defined in regulation 1.19 of Annex I to the present Convention, of less than 24 metres when it has been specifically designed, and is used solely, for recreational purposes; or b. 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 Administration, that the ship cannot comply with the standards set forth in paragraph of this regulation because of design or construction limitations of the ship; or

5 c. a marine diesel engine installed on a yacht 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 present convention, of 24 m or over when it has been specifically designed, and is used solely, for recreational purposes." d. For the purposes of the standards set forth above in paragraph of regulation 13, the term recreational purposes shall apply to private yachts, private yachts limited charter and commercial yachts. 5. UK MCA. (Applies to UK, Cayman Is, Isle of Man, Gibraltar, Bermuda, British Virgin Is, Jersey and Guernsey registered yachts) The IMO secretariat will be issuing a revised version of MARPOL Annex VI in due course and the UK will be issuing a guidance note covering the matter. On the specific question of the interpretation of the term 'recreational purposes' it is the view of the UK that this term should be interpreted in the same light as for sub-24m vessels and as such the exemption agreed at MEPC 66 would be applicable to vessels used for charter.