Quality of Fuels (Amendment) Regulations, 2014

L.N. 300 of 2014

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

MERCHANT SHIPPING ACT

(CAP. 234)

Quality of Fuels (Amendment) Regulations, 2014

IN EXERCISE of the powers conferred by article 28(1) of the

Malta Resources Authority Act, by article 43(3) of the Authority for

Transport in Malta Act and by article 374(1) of the Merchant

Shipping Act, the Minister for Energy and Health and the Minister for

Transport and Infrastructure, after consultation with the Malta

Resources Authority and the Authority for Transport in Malta, have

made the following regulations:-

(1)

The title of these regulations is the Quality of Fuels Citation and

(Amendment) Regulations, 2014 and these regulations shall be read commencement.

and construed as one with the Quality of Fuels Regulations, S.L. 423.29

hereinafter referred to as "the principal regulations".

(2) These regulations shall be deemed to have come into force

on the 18th June, 2014.

Regulation 11, 12(4)

CRITERIA FOR THE USE OF EMISSION ABATEMENT

METHODS REFERRED TO IN REGULATION 11(4)

The emission abatement methods referred to in regulation 11

shall comply at least with the criteria specified in the following

instruments, as applicable

Emission abatement method

Criteria for use

Mixture of marine fuel and Regulation 12A

boil-off gas

Exhaust

gas

cleaning Resolution MEPC.184(59) adopted on

systems

17 July 2009 "Wash water resulting

from exhaust gas cleaning systems

which make use of chemicals,

additives, preparations and relevant

chemical created in situ", referred to in

point

10.1.6.1

of

Resolution

MEPC.184(59), shall not be discharged

into the sea, including enclosed ports,

harbours and estuaries, unless it is

demonstrated by the ship operator that

such wash water discharge has no

significant negative impacts on and do

not pose risks to human health and the

environment. If the chemical used is

caustic soda it is sufficient that the

wash water meets the criteria set out in

Resolution MEPC.184(59) and its pH

does not exceed 8,0.

Biofuels

Use of biofuels as defined in Directive

2009/28/EC

of

the

European

Parliament and of the Council of 23

April 2009 on the promotion of the use

of energy from renewable sources * that

comply with the relevant CEN and ISO

standards. The mixtures of biofuels and

marine fuels shall comply with the

sulphur standards set out in regulations

8A, 9(1)(a), (1)(b) and (4), and 9A.

*

OJ L 140, 5.6.2009, p. 16.

".

€1.35

Sub-regulation (2) of regulation 1 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

"(2)

The scope of these regulations is to regulate the

quality of fuels available in Malta and to transpose Directive 93/

12/EEC, Directive 98/70/EC, Directive 1999/32/EC, Directive

2003/17/EC, Directive 2005/33/EC, Directive 2009/30/EC and

Directive 2012/33/EU.".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

the definition "emission abatement method" shall

be substituted by the following new definition

" "emission abatement method" means any fitting,

material, appliance or apparatus to be fitted in a ship or

other procedure, alternative fuel, or compliance method,

used as an alternative to low sulphur marine fuel meeting

the requirements set out in these regulations, that is

verifiable, quantifiable and enforceable;";

(b)

the definition "gas oils" shall be substituted by the

following new definition

" "gas oil" means

(a) any petroleum-derived liquid fuel, excluding

marine fuel, falling within CN code 2710 19 25, 2710 19

29, 2710 19 47, 2710 19 48, 2710 20 17 or 2710 20 19, or

(b) any petroleum-derived liquid fuel, excluding

marine fuel, of which less than 65% by volume (including

losses) distils at 250°C and of which at least 85% by

volume (including losses) distils at 350 °C by the ASTM

D86 method

Provided that it shall not include

(a)

diesel fuels; or

(b) fuels used in non-road mobile machinery and

agricultural and forestry tractors;";

(c)

the definition "heavy fuel oil" shall be substituted

by the following new definition

" "heavy fuel oil" means

(a) any petroleum-derived liquid fuel, excluding

marine fuel, falling within CN code 2710 19 51 to 2710 19

68, 2710 20 31, 2710 20 35, 2710 20 39, or

(b) any petroleum-derived liquid fuel, other than

gas oil, which, by reason of its distillation limits, falls

within the category of heavy oils intended for use as fuel

and of which less than 65% by volume (including losses)

distils at 250°C by the ASTM D86 method. If the

distillation cannot be determined by the ASTM D86

method, the petroleum product is likewise categorised as a

heavy fuel oil;";

(d)

the definition "marine diesel oil" shall be

substituted by the following new definition

" "marine diesel oil" means any marine fuel as

defined for DMB grade in Table I of ISO 8217 with the

exception of the reference to the sulphur content;"; and

(e)

the definition "marine gas oil" shall be substituted

by the following new definition

" "marine gas oil" means any marine fuel as

defined for DMX, DMA and DMZ grades in Table I of ISO

8217 with the exception of the reference to the sulphur

content;".

Paragraph (g) of regulation 3 of the principal regulations Amends

regulation 3 of

shall be substituted by the following new paragraph

the principal

regulations.

"(g) without prejudice to regulation 8A, fuels used on

board vessels employing emission abatement methods in

accordance with regulations 12 and 12C.".

Regulation 7 of the principal regulations shall be amended Amends

regulation 7 of

the principal

regulations.

(a)

sub-regulation (3) thereof shall be renumbered as

sub-regulation (5); and

(b)

sub-regulation (2) thereof shall be substituted by

the following new sub-regulations

"(2) Subject to appropriate monitoring of

emissions by the Malta Environment and Planning

Authority, until the 31st of December 2015, sub-regulation

(1) shall not apply to heavy fuel oils used

(a) in combustion plants which fall within

the scope of Directive 2001/80/EC of the European

Parliament and of the Council of 23rd October

2001 on the limitation of emissions of certain

pollutants into the air from large combustion

plants, which are subject to Article 4(1) or (2) or

Article 4(3)(a) of that Directive and which comply

with the emission limits for sulphur dioxide for

such plants as set out in that Directive;

(b) in combustion plants which fall within

the scope of Directive 2001/80/EC, which are

subject to Article 4(3)(b) and Article 4(6) of that

Directive and the monthly average sulphur dioxide

emissions of which do not exceed 1 700 mg/Nm 3 at

an oxygen content in the flue gas of 3% by volume

on a dry basis;

(c) in combustion plants which do not fall

under paragraphs (a) or (b), and the monthly

average sulphur dioxide emissions of which do not

exceed 1 700 mg/Nm 3 at an oxygen content in the

flue gas of 3% by volume on a dry basis;

(d) for combustion in refineries, where the

monthly average of emissions of sulphur dioxide

averaged over all combustion plants in the refinery,

irrespective of the type of fuel or fuel combination

used, but excluding plants which fall under

paragraph (a) and (b), gas turbines and gas engines,

do not exceed 1 700 mg/Nm 3 at an oxygen content

in the flue gas of 3% by volume on a dry basis.

(3) Subject to appropriate monitoring of

emissions by the Malta Environment and Planning

Authority as from 1 January 2016, sub-regulation (1) shall

not apply to heavy fuel oils used

(a) in combustion plants which fall within

the scope of Chapter III of Directive 2010/75/EU

of the European Parliament and of the Council, and

which comply with the emission limits for sulphur

dioxide for such plants as set out in Annex V to

that Directive or, where those emission limit values

are not applicable according to that Directive, for

which the monthly average sulphur dioxide

emissions do not exceed 1 700 mg/Nm 3 at an

oxygen content in the flue gas of 3% by volume on

a dry basis;

(b) in combustion plants which do not fall

under paragraph (a), and the monthly average

sulphur dioxide emissions of which do not exceed

1 700 mg/Nm 3 at an oxygen content in the flue gas

of 3% by volume on a dry basis;

(c) for combustion in refineries, where the

monthly average of emissions of sulphur dioxide

averaged over all combustion plants in the refinery,

irrespective of the type of fuel or fuel combination

used, but excluding plants falling under paragraph

(a), gas turbines and gas engines, do not exceed 1

700 mg/Nm 3 at an oxygen content in the flue gas of

3% by volume on a dry basis.

(4) No combustion plant using heavy fuel oil

with a sulphur concentration greater than that referred to in

sub-regulation (1) shall be operated without a permit

issued by a competent authority with the responsibility for

specifying the emission limits.".

In regulation 8 of the principal regulations the figure "0.1" Amends

regulation 8 of

shall be substituted by the figure "0,10".

the principal

regulations.

Immediately after regulation 8 of the principal regulations Adds new

regulation 8A to

there shall be added the following new regulation

the principal

regulations.

" Maximum

The use of marine fuels, the sulphur

sulphur content

content of which exceeds 3,50% by mass, is

in marine fuel.

prohibited within the Maltese territory

Provided that this shall not apply to

fuels supplied to ships using emission

abatement methods subject to regulation 12

operating in closed mode.".

8. Regulation 9 of the principal regulations shall be amended Amends

regulation 9 of

the principal

regulations.

(a)

the marginal note thereof shall be substituted by the

"Maximum sulphur content of marine fuels used in

territorial seas, internal waters, any exclusive economic

zones and any pollution control zones, including SOx

Emission Control Areas and by passenger ships operating

on regular services to or from European Union ports.";

(b)

sub-regulation (1) thereof shall be substituted by

the following new sub-regulation

"(1) The use of marine fuels is prohibited

(a)

in the areas of the territorial sea,

internal waters, any exclusive economic zone and

any pollution control zones falling within SOx

Emission Control Areas if the sulphur content of

those fuels by mass exceeds

(i)

1,00% until 31 December 2014;

(ii)

0,10% as from 1 January 2015

Provided that this shall apply to all

vessels of all flags, including vessels whose

journey began outside the European Union;

(b)

in the areas of the Maltese territorial

sea, internal waters, any exclusive economic zone

and any pollution control zones if the sulphur

content of those fuels by mass exceeds

(i)

3,50% as from 18 June 2014;

(ii)

0,50% as from 1 January 2020

Provided that this shall apply to all vessels of

all flags, including vessels whose journey began outside of

the European Union, and without prejudice to sub-

regulation (1)(a) and sub-regulation (4) of this regulation

and regulation 9A.";

(c)

sub-regulation (3) thereof shall be substituted by

the following new sub-regulation

"(3) Sub-regulation (1)(a) shall be applicable to

(a)

vessels flying the Flag of Malta; and

(b)

vessels of all flags whilst in Maltese

ports, if such ports border SOx Emission Control

Areas

Provided that additional enforcement action

may be taken by the competent authority in respect of

other vessels in accordance with international maritime

law.";

(d)

sub-regulation (4) thereof shall be substituted by

the following new sub-regulation

"(4) The use of marine fuels with a sulphur

content exceeding 1,50% by mass is prohibited until the

1st January 2020 in the territorial seas, internal waters, any

exclusive economic zones and any pollution control zones

falling outside SOx Emission Control Areas by passenger

ships operating on regular services to or from any

European Union port. This shall apply to vessels flying the

flag of Malta and to vessels of all flags while in Maltese

ports.";

(e)

sub-regulation (5) thereof shall be substituted by

the following new sub-regulation

"(5) The Master shall correctly complete the

ship’s logbook, including fuel changeover operations.";

and

(f)

immediately after sub-regulation (5) thereof, as

substituted, there shall be added the following new sub-

regulations

"(6) The competent authority shall endeavour to

ensure the availability of marine fuels which comply with

these regulations.

(7) If a ship is found not to be in compliance with

the standards for marine fuels which comply with these

regulations, the competent authority or the Authority for

Transport in Malta as appropriate may require the ship to

(a) present a record of the actions taken to

attempt to achieve compliance; and

(b) provide evidence that it attempted to

purchase marine fuel which complies with these

regulations in accordance with its voyage plan and,

if it was not made available where planned, that

attempts were made to locate alternative sources

for such marine fuel and that, despite best efforts to

obtain marine fuel which complies with these

regulations, no such marine fuel was made

available for purchase.

The ship shall not be required to deviate from

its intended voyage or to delay unduly the voyage in order

to achieve compliance. If a ship provides the information

referred to in paragraphs (a) and (b), the competent

authority or the Authority for Transport in Malta, as

appropriate, shall take into account all relevant

circumstances and the evidence presented to determine the

appropriate action to take, including not taking control

measures.

A ship shall notify its flag State, and the

competent authority of the relevant port of destination,

when it cannot purchase marine fuel which complies with

these regulations.

(8) The placing on the market in Malta of marine

diesel oils with a sulphur content exceeding 1,50 % by

mass is prohibited.".

Regulation 9A shall be substituted by the following new

" Maximum

(1) The use of marine fuels with a

sulphur content

sulphur content exceeding 0,10% by mass by

of marine fuels

ships at berth in ports in Malta is prohibited

used by ships at

berth in ports in

Provided that the crew shall be

allowed sufficient time to complete any

necessary fuel-changeover operation as soon as

possible after arrival at berth and as late as

possible before departure. The time of any

fuel-changeover operation is to be recorded in

ships’ logbooks

Provided further that this sub-

regulation shall not apply

(a)

whenever, according to

published timetables, ships are due to be

at berth for less than two hours;

(b)

to ships which switch off all

engines and use shore-side electricity

while at berth in ports.

(2) The placing on the market of marine

gas oils with a sulphur content exceeding

0,10% by mass is prohibited.".

Regulation 10 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be substituted by

the following new sub-regulation

"(1) The competent authority shall in accordance

with regulation 18 of Annex VI to MARPOL maintain a

publicly available register of local suppliers of marine

fuel."; and

(b)

sub-regulation (2) thereof shall be substituted by

the following new sub-regulation

"(2) Local suppliers of marine fuel shall

(a)

document on a bunker delivery note the

sulphur content of all marine fuels sold in the

Maltese territory. Such bunker delivery note shall

also be accompanied by a sealed sample signed by

the representative of the receiving ship;

(b) ensure that the fuel delivered complies

with the specification stated on the bunker delivery

note;

(c) take remedial action to bring any non-

compliant

marine

fuel

discovered

into

compliance.".

Regulation 11 of the principal regulations shall be Substitutes

regulation 11 of

substituted by the following new regulation

the principal

regulations.

" Sampling and

11. (1) The competent authority shall

take all necessary measures to check by

sampling that the sulphur content of fuels used

complies with the provisions of regulations 7,

8, 8a, 9 and 9A. The competent authority shall

commence sampling on the date on which the

relevant limit for maximum sulphur content in

the fuel comes into force. Sampling shall be

carried out periodically with sufficient

frequency and quantities in such a way that the

samples are representative of the fuel

examined, and in the case of marine fuel, of the

fuel being used by vessels while in relevant sea

areas and ports. The samples shall be analysed

without undue delay. The following means of

sampling, analysis and inspection of marine

fuel shall be used

(a)

inspection of marine fuel

inspection of ships’ log books and bunker

delivery notes; and

(b)

as appropriate, the following

means of sampling and analysis

sampling of the marine fuel for on-board

combustion while being delivered to

ships, in accordance with the Guidelines

for the sampling of fuel oil for

determination of compliance with the

revised MARPOL Annex VI adopted on

17 July 2009 by Resolution 182(59) of

the Marine Environment Protection

Committee (MEPC) of the IMO, and

analysis of its sulphur content; or

(c)

sampling and analysis of the

sulphur content of marine fuel for on-

board combustion contained in tanks,

where technically and economically

feasible, and in sealed bunker samples on

board ships.

(2) The reference method adopted for

determining the sulphur content shall be ISO

method 8754 (2003) or PrEN ISO 14596

(2007). In order to determine whether marine

fuel delivered to and used on board ships is

compliant with the sulphur limits required by

regulations 8, 8a, 9 and 9A, the fuel

verification procedure set out in Appendix VI

to Annex VI to MARPOL shall be used.".

Regulation 12 of the principal regulations shall be

Substitutes

regulation 12 of

substituted by the following new regulation

the principal

regulations.

" Emission

12. (1) The competent authority, or

abatement

the Authority for Transport in Malta, as

methods.

appropriate, shall allow the use of emission

abatement methods by ships of all flags in

Maltese ports, territorial seas, internal waters,

any exclusive economic zones and any

pollution control zones, as an alternative to

using marine fuels that meet the requirements

of regulations 9 and 9A, and subject to sub-

regulations (2) and (3).

(2) Ships using the emission abatement

methods referred to in sub-regulation (1) shall

continuously achieve reductions of sulphur

dioxide emissions that are at least equivalent to

the reductions that would be achieved by using

marine fuels that meet the requirements of

regulations 9 and 9A. Equivalent emission

values shall be determined in accordance with

the Fourth Schedule.

(3) The competent authority shall, as an

alternative solution for reducing emissions,

encourage the use of onshore power supply

systems by docked vessels.

(4) The emission abatement methods

referred to in sub-regulation (1) shall comply

with the criteria specified in the instruments

referred to in the Fifth Schedule.".

Immediately after regulation 12A of the principal Adds new

regulations 12B

regulations there shall be added the following new regulations

and 12C to the

principal

regulations.

" Approval of

12B. (1) Emission abatement methods

emission

falling within the scope of the Conformity

abatement

Assessment of Marine Equipment Regulations

methods for

use on board

shall be approved in accordance with those

ships flying the

flag of a

regulations.

Member State.

(2) Emission abatement methods not

covered by the Conformity Assessment of

Marine Equipment Regulations shall be

approved in accordance with the procedure

referred to in Article 3(2) of Regulation (EC)

No 2099/2002 of the European Parliament and

of the Council of 5 November 2002

establishing a Committee on Safe Seas and the

Prevention of Pollution from Ships (COSS),

taking into account

(a)

guidelines developed by the

IMO;

(b)

the results of any trials

conducted under regulation 12;

(c)

effects on the environment,

including

achievable

emission

reductions, and impacts on ecosystems in

enclosed ports, harbours and estuaries;

and

(d)

the feasibility of monitoring

and verification.

12C. (1) The competent authority or

Trials of new

emission

the Authority for Transport in Malta, as

abatement

methods.

appropriate, may in cooperation with the

competent authorities of other Member States,

as appropriate, approve trials of ship emission

abatement methods on vessels flying the flag

of Malta, or in sea areas within Malta’s

jurisdiction.

(2) During those trials, the use of

marine fuels meeting the requirements of

regulations 9 and 9A shall not be mandatory,

provided that all of the following conditions

are fulfilled

(a)

the Commission and any

port State concerned are notified in

writing at least six months before trials

begin;

(b)

permits for trials do not

exceed eighteen months in duration;

(c)

all ships involved install

tamper-proof

equipment

for

the

continuous monitoring of funnel gas

emissions and use it throughout the trial

period;

(d)

all ships involved achieve

emission reductions which are at least

equivalent to those which would be

achieved through the sulphur limits for

fuels specified in these regulations;

(e)

there are proper waste

management systems in place for any

waste generated by the emission

abatement methods throughout the trial

period;

(f)

there is an assessment of

impacts on the marine environment,

particularly Ecosystems in enclosed

ports, harbours and estuaries throughout

the trial period; and

(g)

full results are provided to

the Commission, and made publicly

available, within six months of the end of

the trials.".

Immediately after the Third Schedule to the principal Adds new

Fourth and Fifth

regulations there shall be added the following new Schedules

Schedules to the

principal

regulations.

"FOURTH SCHEDULE

Regulation 12(2)

EQUIVALENT EMISSION VALUES FOR EMISSION

ABATEMENT METHODS AS REFERRED TO

IN REGULATION 12(2)

Marine fuel sulphur limits referred to in regulations 9 and 9A

and regulations 14.1 and 14.4 of Annex VI to MARPOL and

corresponding emission values referred to in regulation 12(2)

Marine fuel Sulphur Content

Ratio Emission SO 2 (ppm)/CO 2

(% m/m)

(% v/v)

3,50

151,7

1,50

65,0

1,00

43,3

0,50

21,7

0,10

4,3

Note

-

The use of the Ratio Emissions limits is only applicable

when using petroleum based Distillate or Residual Fuel Oils.

-

In justified cases where the CO 2 concentration is reduced

by the exhaust gas cleaning (EGC) unit, the CO 2 concentration may

be measured at the EGC unit inlet, provided that the correctness of

such a methodology can be clearly demonstrated.