S.I. No. 35/2013 - Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2013.

0. 488

4 If 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 to be developed by the Organization.

6 At the beginning of Phase 1 and at the midpoint of Phase 2, the Organization shall review the status of technological developments and, if proven necessary, amend the time periods, the EEDI reference line parameters for relevant ship types and reduction rates set out in this regulation.

Regulation 22

Ship Energy Efficiency Management Plan (SEEMP)

1 Each ship shall keep on board a ship specific Ship Energy Efficiency Management Plan (SEEMP). This may form part of the ship’s Safety Management System (SMS).

2 The SEEMP shall be developed taking into account guidelines adopted by the Organization.

Regulation 23

Promotion of technical co-operation and transfer of technology relating to the improvement of energy efficiency of ships

1 Administrations shall, in co-operation with the Organization and other international bodies, promote and provide, as appropriate, support directly or through the Organization to States, especially developing States, that request technical assistance.

2 The Administration of a Party shall co-operate actively with other Parties, subject to its national laws, regulations and policies, to promote the development and transfer of technology and exchange of information to States which request technical assistance, particularly developing States, in respect of the implementation of measures to fulfil the requirements of chapter 4 of this annex, in particular regulations 19.4 to 19.6.”

23 A new appendix VIII is added at the end of the Annex as follows

“APPENDIX VIII

Form of International Energy Efficiency (IEE) Certificate

INTERNATIONAL ENERGY EFFICIENCY CERTIFICATE

Issued under the provisions of the Protocol of 1997, as amended by resolution MEPC.203(62), to amend the International Convention for the Prevention of Pollution by Ships, 1973, as modified by the Protocol of 1978 related thereto (hereinafter referred to as “the Convention”) under the authority of the Government of

.......................................................................................................................................................

(Full designation of the Party)

by..................................................................................................................................................

(Full designation of the competent person or organization authorized under the provisions of the Convention)

Particulars of ship5

Name of ship..............

Distinctive number or letters..............

Port of registry..............

Gross tonnage..............

IMO Number6..............

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

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

THIS IS TO CERTIFY

1 That the ship has been surveyed in accordance with regulation 5.4 of Annex VI of the Convention; and

2 That the survey shows that the ship complies with the applicable requirements in regulation 20, regulation 21 and regulation 22.

Completion date of survey on which this Certificate is based: .................................................................................................................. (dd/mm/yyyy)

Issued at..............

(Place of issue of the certificate)

(dd/mm/yyyy): ..............

(Date of issue)

(Signature of duly authorized official issuing the certificate)

(Seal or stamp of the authority, as appropriate)

Supplement to the International Energy Efficiency Certificate (IEE Certificate)

RECORD OF CONSTRUCTION RELATING TO ENERGY EFFICIENCY

Notes:1 This Record shall be permanently attached to the IEE Certificate. The IEE Certificate shall be available on board the ship at all times.2 The Record shall be at least in English, French or Spanish. If an official language of the issuing Party is also used, this shall prevail in case of a dispute or discrepancy.3 Entries in boxes shall be made by inserting either: a cross (x) for the answers “yes” and “applicable”; or a dash (-) for the answers “no” and “not applicable”, as appropriate.4 Unless otherwise stated, regulations mentioned in this Record refer to regulations in Annex VI of the Convention, and resolutions or circulars refer to those adopted by the International Maritime Organization.

1 Particulars of ship

1. 6 Type of ship*..............

* Insert ship type in accordance with definitions specified in regulation 2. Ships falling into more than one of the ship types defined in regulation 2 should be considered as being the ship type with the most stringent (the lowest) required EEDI. If ship does not fall into the ship types defined in regulation 2, insert “Ship other than any of the ship type defined in regulation 2”.

2 Propulsion system

2. 5 Propulsion system other than any of the above..............

3 Attained Energy Efficiency Design Index (EEDI)

3. 2.4 the type of ship is exempt in accordance with regulation 20.1 ..............

4 Required EEDI

4. 2.5 the ship’s capacity is below the minimum capacity threshold in Table 1 of regulation 21.2 ..............

5 Ship Energy Efficiency Management Plan

5. 1 The ship is provided with a Ship Energy Efficiency Management Plan (SEEMP) in compliance with regulation 22 ..............

6 EEDI technical file

6. 3 The EEDI technical file verification date ..............

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)’’.’’

GIVEN under my Official Seal,

31 January 2013.

LEO VARADKAR,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2010 (

S.I. No.313 of 2010

) on the prevention of air pollution from ships, the broad purpose of which was to give effect to MARPOL Annex VI in Irish law.

The broad purpose of these Regulations is to provide for amendments to MARPOL Annex VI including

— the addition of a new chapter 4 to MARPOL Annex VI to make mandatory the Energy Efficiency Design Index (EEDI) for new applicable ships, and the Ship Energy Efficiency Management Plan (SEEMP) for all applicable ships;

— the provision of a format for the International Energy Efficiency Certificate (IEE Certificate) which is provided in the new Appendix VIII to MARPOL Annex VI; and

— the designation of certain waters adjacent to the coasts of Puerto Rico (United States) and the Virgin Islands (United States) as Emission Control Areas (ECA) under MARPOL Annex VI Regulation 13 concerning nitrogen oxides (NOX) and under MARPOL Annex VI Regulation 14 concerning sulphur oxides (SOX) and particulate matter.

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

Ship Type

Size

Phase 01 Jan 2013 – 31 Dec 2014

Phase 11 Jan 2015 – 31 Dec 2019

Phase 21 Jan 2020 – 31 Dec 2024

Phase 31 Jan 2025 and onwards

Bulk carrier

20,000 DWTand above

0

10

20

30

10,000 –20,000 DWT

n/a

0-10*

0-20*

0-30*

Gas carrier

10,000 DWTand above

0

10

20

30

2,000 –10,000 DWT

n/a

0-10*

0-20*

0-30*

Tanker

20,000 DWTand above

0

10

20

30

4,000 –20,000 DWT

n/a

0-10*

0-20*

0-30*

Containership

15,000 DWTand above

0

10

20

30

10,000 –15,000 DWT

n/a

0-10*

0-20*

0-30*

GeneralCargo ships

15,000 DWTand above

0

10

15

30

3,000 –15,000 DWT

n/a

0-10*

0-15*

0-30*

Refrigeratedcargo carrier

5,000 DWTand above

0

10

15

30

3,000 –5,000 DWT

n/a

0-10*

0-15*

0-30*

Combinationcarrier

20,000 DWTand above

0

10

20

30

4,000 –20,000 DWT

n/a

0-10*

0-20*

0-30*

*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

Ship type defined in Regulation 17A

a

b

c

107. 48

DWT of the ship

174. 22

DWT of the ship

227. 01

DWT of the ship

961. 79

DWT of the ship

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

8

th February

, 2013.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by

sections 10

,

11

,

12

,

14

,

15

and

17

of the

Sea Pollution Act 1991

(No. 27 of 1991) and the Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (

S.I. No. 842 of 2005

) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 (

S.I. No. 141 of 2011

)) and for the purpose of giving further effect to Annex VI to the MARPOL Convention, hereby make the following regulations