Chapter 3 – Requirements for control of emissions from ships
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Statutory Documents - IMO Publications and Documents - Resolutions - Marine Environment Protection Committee - Resolution MEPC.328(76) - Amendments to the Annex of the Protocol Of 1997 to Amend the International Convention for the Prevention of Pollution from Ships, 1973, As Modified by the Protocol of 1978 Relating Thereto - (adopted on 17 June 2021) - Annex - MARPOL Annex VI Regulations for the Prevention of Air Pollution from Ships - Chapter 3 – Requirements for control of emissions from ships

Chapter 3 – Requirements for control of emissions from ships

 Regulation 12

Ozone-depleting substances

1 This regulation does not apply to permanently sealed equipment where there are no refrigerant charging connections or potentially removable components containing ozone-depleting substances.

2 Subject to the provisions of regulation 3.1, any deliberate emissions of ozone-depleting substances shall be prohibited. Deliberate emissions include emissions occurring in the course of maintaining, servicing, repairing or disposing of systems or equipment, except that deliberate emissions do not include minimal releases associated with the recapture or recycling of an ozone-depleting substance. Emissions arising from leaks of an ozone-depleting substance, whether or not the leaks are deliberate, may be regulated by Parties.

3.1 Installations that contain ozone-depleting substances, other than hydrochlorofluorocarbons, shall be prohibited:

  • .1 on ships constructed on or after 19 May 2005; or

  • .2 in the case of ships constructed before 19 May 2005 which have a contractual delivery date of the equipment to the ship on or after 19 May 2005 or, in the absence of a contractual delivery date, the actual delivery of the equipment to the ship on or after 19 May 2005.

3.2 Installations that contain hydrochlorofluorocarbons shall be prohibited:

  • .1 on ships constructed on or after 1 January 2020; or

  • .2 in the case of ships constructed before 1 January 2020 which have a contractual delivery date of the equipment to the ship on or after 1 January 2020 or, in the absence of a contractual delivery date, the actual delivery of the equipment to the ship on or after 1 January 2020.

4 The substances referred to in this regulation, and equipment containing such substances, shall be delivered to appropriate reception facilities when removed from ships.

5 Each ship subject to regulation 6.1 shall maintain a list of equipment containing ozone-depleting substances.footnote

6 Each ship subject to regulation 6.1 that has rechargeable systems that contain ozone-depleting substances shall maintain an ozone-depleting substances record book. This record book may form part of an existing logbook or electronic record bookfootnote as approved by the Administration. An electronic recording system referred to in regulation 12.6, as adopted by resolution MEPC.176(58), shall be considered an electronic record book, provided the electronic recording system is approved by the Administration on or before the first IAPP Certificate renewal survey carried out on or after 1 October 2020, but not later than 1 October 2025, taking into account the guidelines developed by the Organization.12

7 Entries in the ozone-depleting substances record book shall be recorded in terms of mass (kg) of substance and shall be completed without delay on each occasion, in respect of the following:

  • .1 recharge, full or partial, of equipment containing ozone-depleting substances;

  • .2 repair or maintenance of equipment containing ozone-depleting substances;

  • .3 discharge of ozone-depleting substances to the atmosphere:

    • .3.1 deliberate; and

    • .3.2 non-deliberate;

  • .4 discharge of ozone-depleting substances to land-based reception facilities; and

  • .5 supply of ozone-depleting substances to the ship.

 Regulation 13

Nitrogen oxides (NOx)

Application

1.1 This regulation shall apply to:

  • .1 each marine diesel engine with a power output of more than 130 kW installed on a ship; and

  • .2 each marine diesel engine with a power output of more than 130 kW that undergoes a major conversion on or after 1 January 2000 except when demonstrated to the satisfaction of the Administration that such engine is an identical replacement to the engine that it is replacing and is otherwise not covered under paragraph 1.1.1 of this regulation.

1.2 This regulation does not apply to:

  • .1 a marine diesel engine intended to be used solely for emergencies or solely to power any device or equipment intended to be used solely for emergencies on the ship on which it is installed, or a marine diesel engine installed in lifeboats intended to be used solely for emergencies; and

  • .2 a marine diesel engine installed on a ship solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State the flag of which the ship is entitled to fly, provided that such engine is subject to an alternative NOx control measure established by the Administration.

1.3 Notwithstanding the provisions of paragraph 1.1 of this regulation, the Administration may provide an exclusion from the application of this regulation for any marine diesel engine that is installed on a ship constructed, or for any marine diesel engine that undergoes a major conversion, before 19 May 2005, provided that the ship on which the engine is installed is solely engaged in voyages to ports or offshore terminals within the State the flag of which the ship is entitled to fly.

Major conversion

2.1 For the purpose of this regulation, major conversion means a modification on or after 1 January 2000 of a marine diesel engine that has not already been certified to the standards set forth in paragraph 3, 4, or 5.1.1 of this regulation where:

  • .1 the engine is replaced by a marine diesel engine or an additional marine diesel engine is installed, or

  • .2 any substantial modification, as defined in the revised NOx Technical Code 2008, is made to the engine, or

  • .3 the maximum continuous rating of the engine is increased by more than 10% compared to the maximum continuous rating of the original certification of the engine.

2.2 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 5.1.1 of this regulation (Tier III, as applicable), then that replacement engine shall meet the standards set forth in paragraph 4 of this regulation (Tier II), taking into account the guidelines developed by the Organization.footnote

2.3 A marine diesel engine referred to in paragraph 2.1.2 or 2.1.3 of this regulation shall meet the following standards:

  • .1 for ships constructed prior to 1 January 2000, the standards set forth in paragraph 3 of this regulation shall apply; and

  • .2 for ships constructed on or after 1 January 2000, the standards in force at the time the ship was constructed shall apply.

Tier Ifootnote

3 Subject to regulation 3 of this Annex, the operation of a marine diesel engine that is installed on a ship constructed on or after 1 January 2000 and prior to 1 January 2011 is prohibited, except when the emission of nitrogen oxides (calculated as the total weighted emission of NO2) from the engine is within the following limits, where n = rated engine speed (crankshaft revolutions per minute):

  • .1 17.0 g/kWh when n is less than 130 rpm;

  • .2 45 · n(–0.2) g/kWh when n is 130 or more but less than 2,000 rpm;

  • .3 9.8 g/kWh when n is 2,000 rpm or more.

Tier II

4 Subject to regulation 3 of this Annex, the operation of a marine diesel engine that is installed on a ship constructed on or after 1 January 2011 is prohibited, except when the emission of nitrogen oxides (calculated as the total weighted emission of NO2) from the engine is within the following limits, where n = rated engine speed (crankshaft revolutions per minute):

  • .1 14.4 g/kWh when n is less than 130 rpm;

  • .2 44 · n(–0.2) g/kWh when n is 130 or more but less than 2,000 rpm;

  • .3 7.7 g/kWh when n is 2,000 rpm or more.

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 (NOx Tier III emission control area), the operation of a marine diesel engine that is installed on a ship is prohibited:

  • .1 except when the emission of nitrogen oxides (calculated as the total weighted emission of NO2) from the engine is within the following limits, where n = rated engine speed (crankshaft revolutions per minute):

    • .1 3.4 g/kWh when n is less than 130 rpm;

    • .2 9 · n(–0.2) g/kWh when n is 130 or more but less than 2,000 rpm;

    • .3 2.0 g/kWh when n is 2,000 rpm or more;

  • when

  • .2 that ship is constructed on or after:

    • .1 1 January 2016 and is operating in the North American Emission Control Area or the United States Caribbean Sea Emission Control Area;

    • .2 1 January 2021 and is operating in the Baltic Sea Emission Control Area or the North Sea Emission Control Area;

  • .3 that ship is operating in a NOx Tier III emission control area other than an emission control area described in paragraph 5.1.2 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.

5.2 The standards set forth in paragraph 5.1.1 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

  • .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 5.1.1 of this regulation because of design or construction limitations of the ship; or

  • .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 metres or over when it has been specifically designed, and is used solely, for recreational purposes.

5.3 The tier and on/off status of marine diesel engines installed on board a ship to which paragraph 5.1 of this regulation applies which are certified to both Tier II and Tier III or which are certified to Tier II only shall be recorded in such logbook or electronic record bookfootnote as prescribed by the Administration at entry into and exit from a NOx Tier III emission control area, or when the on/off status changes within such an area, together with the date, time and position of the ship.

5.4 Emissions of nitrogen oxides from a marine diesel engine subject to paragraph 5.1 of this regulation that occur immediately following building and sea trials of a newly constructed ship, or before and following converting, repairing, and/or maintaining the ship, or maintenance or repair of a Tier II engine or a dual fuel engine when the ship is required to not have gas fuel or gas cargo on board due to safety requirements, for which activities take place in a shipyard or other repair facility located in a NOx Tier III emission control area are temporarily exempted provided the following conditions are met:

  • .1 the engine meets the Tier II NOx limits; and

  • .2 the ship sails directly to or from the shipyard or other repair facility, does not load or unload cargo during the duration of the exemption, and follows any additional specific routeing requirements indicated by the port State in which the shipyard or other repair facility is located, if applicable.

5.5 The exemption described in paragraph 5.4 of this regulation applies only for the following period:

  • .1 for a newly constructed ship, the period beginning at the time the ship is delivered from the shipyard, including sea trials, and ending at the time the ship directly exits the NOx Tier III emission control area(s) or, with regard to a ship fitted with a dual fuel engine, the ship directly exits the NOx Tier III emission control area(s) or proceeds directly to the nearest gas fuel bunkering facility appropriate to the ship located in the NOx Tier III emission control area(s);

  • .2 for a ship with a Tier II engine undergoing conversion, maintenance or repair, the period beginning at the time the ship enters the NOx Tier III emission control area(s) and proceeds directly to the shipyard or other repair facility, and ending at the time the ship is released from the shipyard or other repair facility and directly exits the NOx Tier III emission control area (s) after performing sea trials, if applicable; or

  • .3 for a ship with a dual fuel engine undergoing conversion, maintenance or repair, when the ship is required to not have gas fuel or gas cargo on board due to safety requirements, the period beginning at the time the ship enters the NOx Tier III emission control area(s) or when it is degassed in the NOx Tier III emission control area(s) and proceeds directly to the shipyard or other repair facility, and ending at the time when the ship is released from the shipyard or other repair facility and directly exits the NOx Tier III emission control area(s) or proceeds directly to the nearest gas fuel bunkering facility appropriate to the ship located in the NOx Tier III emission control area(s).

Emission control area

6 For the purposes of this regulation, a NOx Tier III emission control area shall be any sea area, including any port area, designated by the Organization in accordance with the criteria and procedures set forth in appendix III to this Annex. The NOx Tier III emission control areas are:

  • .1 the North American Emission Control Area, which means the area described by the coordinates provided in appendix VII to this Annex;

  • .2 the United States Caribbean Sea Emission Control Area, which means the area described by the coordinates provided in appendix VII to this Annex;

  • .3 the Baltic Sea area as defined in regulation 1.11.2 of Annex I of the present Convention; and

  • .4 the North Sea area as defined in regulation 1.14.6 of Annex V of the present Convention.

Marine diesel engines installed on a ship constructed prior to 1 January 2000

7.1 Notwithstanding paragraph 1.1.1 of this regulation, a marine diesel engine with a power output of more than 5,000 kW and a per cylinder displacement at or above 90 L installed on a ship constructed on or after 1 January 1990 but prior to 1 January 2000 shall comply with the emission limits set forth in paragraph 7.4 of this regulation, provided that an approved methodfootnote for that engine has been certified by an Administration of a Party and notification of such certification has been submitted to the Organization by the certifying Administration.footnote Compliance with this paragraph shall be demonstrated through one of the following:

  • .1 installation of the certified approved method, as confirmed by a survey using the verification procedure specified in the approved method file, including appropriate notation on the ship’s IAPP Certificate of the presence of the approved method; or

  • .2 certification of the engine confirming that it operates within the limits set forth in paragraph 3, 4, or 5.1.1 of this regulation and an appropriate notation of the engine certification on the ship’s IAPP Certificate.

7.2 Paragraph 7.1 of this regulation shall apply no later than the first renewal survey that occurs 12 months or more after deposit of the notification in paragraph 7.1. If a shipowner of a ship on which an approved method is to be installed can demonstrate to the satisfaction of the Administration that the approved method was not commercially available despite best efforts to obtain it, then that approved method shall be installed on the ship no later than the next annual survey of that ship that falls after the approved method is commercially available.

7.3 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 L 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 7.1 of this regulation applies, indicate one of the following:

  • .1 an approved method has been applied pursuant to paragraph 7.1.1 of this regulation;

  • .2 the engine has been certified pursuant to paragraph 7.1.2 of this regulation;

  • .3 an approved method is not yet commercially available as described in paragraph 7.2 of this regulation; or

  • .4 an approved method is not applicable.

7.4 Subject to regulation 3 of this Annex, the operation of a marine diesel engine described in paragraph 7.1 of this regulation is prohibited, except when the emission of nitrogen oxides (calculated as the total weighted emission of NO2) from the engine is within the following limits, where n = rated engine speed (crankshaft revolutions per minute):

  • .1 17.0 g/kWh when n is less than 130 rpm;

  • .2 45 · n(–0.2) g/kWh when n is 130 or more but less than 2,000 rpm; and

  • .3 9.8 g/kWh when n is 2,000 rpm or more.

7.5 Certification of an approved method shall be in accordance with chapter 7 of the revised NOX Technical Code 2008 and shall include verification:

  • .1 by the designer of the base marine diesel engine to which the approved method applies that the calculated effect of the approved method will not decrease engine rating by more than 1.0%, increase fuel consumption by more than 2.0% as measured according to the appropriate test cycle set forth in the revised NOX Technical Code 2008, or adversely affect engine durability or reliability; and

  • .2 that the cost of the approved method is not excessive, which is determined by a comparison of the amount of NOx reduced by the approved method to achieve the standard set forth in paragraph 7.4 of this regulation and the cost of purchasing and installing such approved method.footnote

Certification

8 The revised NOX Technical Code 2008 shall be applied in the certification, testing and measurement procedures for the standards set forth in this regulation.

9 The procedures for determining NOx emissions set out in the revised NOX Technical Code 2008 are intended to be representative of the normal operation of the engine. Defeat devices and irrational emission control strategies undermine this intention and shall not be allowed. This regulation shall not prevent the use of auxiliary control devices that are used to protect the engine and/or its ancillary equipment against operating conditions that could result in damage or failure or that are used to facilitate the starting of the engine.

 Regulation 14

Sulphur oxides (SOx) and particulate matter

General requirements

1 The sulphur content of fuel oil used or carried for use on board a ship shall not exceed 0.50% m/m.

2 The worldwide average sulphur content of residual fuel oil supplied for use on board ships shall be monitored taking into account the guidelines developed by the Organization.footnote

Requirements within emission control areas

3 For the purpose of this regulation, an emission control area shall be any sea area, including any port area, designated by the Organization in accordance with the criteria and procedures set forth in appendix III to this Annex. The emission control areas under this regulation are:

  • .1 the Baltic Sea area as defined in regulation 1.11.2 of Annex I of the present Convention;

  • .2 the North Sea area as defined in regulation 1.14.6 of Annex V of the present Convention;

  • .3 the North American Emission Control Area, which means the area described by the coordinates provided in appendix VII to this Annex; and

  • .4 the United States Caribbean Sea Emission Control Area, which means the area described by the coordinates provided in appendix VII to this Annex.

4 While a ship is operating within an emission control area, the sulphur content of fuel oil used on board that ship shall not exceed 0.10% m/m.

5 The sulphur content of fuel oil referred to in paragraph 1 and paragraph 4 of this regulation shall be documented by its supplier as required by regulation 18 of this Annex.

6 Those ships using separate fuel oils to comply with paragraph 4 of this regulation and entering or leaving an emission control area set forth in paragraph 3 of this regulation shall carry a written procedure showing how the fuel oil changeover is to be done, allowing sufficient time for the fuel oil service system to be fully flushed of all fuel oils exceeding the applicable sulphur content specified in paragraph 4 of this regulation prior to entry into an emission control area. The volume of low sulphur fuel oils in each tank as well as the date, time and position of the ship when any fuel oil changeover operation is completed prior to the entry into an emission control area or commenced after exit from such an area shall be recorded in such logbook or electronic record bookfootnote as prescribed by the Administration.

7 During the first 12 months immediately following entry into force of an amendment designating a specific emission control area under paragraph 3 of this regulation, ships operating in that emission control area are exempt from the requirements in paragraphs 4 and 6 of this regulation and from the requirements of paragraph 5 of this regulation insofar as they relate to paragraph 4 of this regulation.

In-use and onboard fuel oil sampling and testing

8 If the competent authority of a Party requires the in-use or onboard sample to be analysed, it shall be done in accordance with the verification procedure set forth in appendix VI to this Annex to determine whether the fuel oil being used or carried for use on board meets the requirements in paragraph 1 or paragraph 4 of this regulation. The in-use sample shall be drawn taking into account the guidelines developed by the Organization.footnote The onboard sample shall be drawn taking into account the guidelines developed by the Organization.footnote

9 The sample shall be sealed by the representative of the competent authority with a unique means of identification installed in the presence of the ship’s representative. The ship shall be given the option of retaining a duplicate sample.

In-use fuel oil sampling point

10 For each ship subject to regulations 5 and 6 of this Annex, sampling point(s) shall be fitted or designated for the purpose of taking representative samples of the fuel oil being used on board the ship taking into account the guidelines developed by the Organization.footnote

11 For a ship constructed before 1 April 2022, the sampling point(s) referred to in paragraph 10 shall be fitted or designated not later than the first renewal survey as identified in regulation 5.1.2 of this Annex on or after 1 April 2023.

12 The requirements of paragraphs 10 and 11 above are not applicable to a fuel oil service system for a low-flashpoint fuel for combustion purposes for propulsion or operation on board the ship.

13 The competent authority of a Party shall, as appropriate, utilize the sampling point(s) which is(are) fitted or designated for the purpose of taking representative sample(s) of the fuel oil being used on board in order to verify that the fuel oil complies with this regulation. Taking fuel oil samples by the competent authority of the Party shall be performed as expeditiously as possible without causing the ship to be unduly delayed.

 Regulation 15

Volatile organic compounds

1 If the emissions of volatile organic compounds (VOCs) from a tanker are to be regulated in a port or ports or a terminal or terminals under the jurisdiction of a Party, they shall be regulated in accordance with the provisions of this regulation.

2 A Party regulating tankers for VOC emissions shall submit a notification to the Organization.footnote This notification shall include information on the size of tankers to be controlled, the cargoes requiring vapour emission control systems and the effective date of such control. The notification shall be submitted at least six months before the effective date.

3 A Party that designates ports or terminals at which VOC emissions from tankers are to be regulated shall ensure that vapour emission control systems, approved by that Party taking into account the safety standards for such systems developed by the Organization,footnote are provided in any designated port and terminal and are operated safely and in a manner so as to avoid undue delay to a ship.

4 The Organization shall circulate a list of the ports and terminals designated by Parties to other Parties and Member States of the Organization for their information.

5 A tanker to which paragraph 1 of this regulation applies shall be provided with a vapour emission collection system approved by the Administration taking into account the safety standards for such systems developed by the Organization,footnote and shall use this system during the loading of relevant cargoes. A port or terminal that has installed vapour emission control systems in accordance with this regulation may accept tankers that are not fitted with vapour collection systems for a period of three years after the effective date identified in paragraph 2 of this regulation.

6 A tanker carrying crude oil shall have on board and implement a VOC management plan approved by the Administration.footnote Such a plan shall be prepared taking into account the guidelines developed by the Organization. The plan shall be specific to each ship and shall at least:

  • .1 provide written procedures for minimizing VOC emissions during the loading, sea passage and discharge of cargo;

  • .2 give consideration to the additional VOC generated by crude oil washing;

  • .3 identify a person responsible for implementing the plan; and

  • .4 for ships on international voyages, be written in the working language of the master and officers and, if the working language of the master and officers is not English, French or Spanish, include a translation into one of these languages.

7 This regulation shall also apply to gas carriers only if the types of loading and containment systems allow safe retention of non-methane VOCs on board or their safe return ashore.footnote

 Regulation 16

Shipboard incineration

1 Except as provided in paragraph 4 of this regulation, shipboard incineration shall be allowed only in a shipboard incinerator.

2 Shipboard incineration of the following substances shall be prohibited:

  • .1 residues of cargoes subject to Annex I, II or III or related contaminated packing materials;

  • .2 polychlorinated biphenyls (PCBs);

  • .3 garbage, as defined by Annex V, containing more than traces of heavy metals;

  • .4 refined petroleum products containing halogen compounds;

  • .5 sewage sludge and sludge oil neither of which is generated on board the ship; and

  • .6 exhaust gas cleaning system residues.

3 Shipboard incineration of polyvinyl chlorides (PVCs) shall be prohibited, except in shipboard incinerators for which IMO Type Approval Certificatesfootnote have been issued.

4 Shipboard incineration of sewage sludge and sludge oil generated during normal operation of a ship may also take place in the main or auxiliary power plant or boilers, but in those cases, shall not take place inside ports, harbours or estuaries.

5 Nothing in this regulation either:

  • .1 affects the incineration at sea prohibitions of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, as amended, and the 1996 Protocol thereto, or other requirements thereof,

    or

  • .2 precludes the development, installation and operation of alternative design shipboard thermal waste treatment devices that meet or exceed the requirements of this regulation.

6.1 Except as provided in paragraph 6.2 of this regulation, each incinerator on a ship constructed on or after 1 January 2000 or incinerator that is installed on board a ship on or after 1 January 2000 shall meet the requirements contained in appendix IV to this Annex. Each incinerator subject to this paragraph shall be approved by the Administration taking into account the standard specification for shipboard incinerators developed by the Organization;footnote

6.2 The Administration may allow exclusion from the application of paragraph 6.1 of this regulation to any incinerator installed on board a ship before 19 May 2005, provided that the ship is solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State the flag of which the ship is entitled to fly.

7 Incinerators installed in accordance with the requirements of paragraph 6.1 of this regulation shall be provided with a manufacturer’s operating manual, which is to be retained with the unit and which shall specify how to operate the incinerator within the limits described in paragraph 2 of appendix IV of this Annex.

8 Personnel responsible for the operation of an incinerator installed in accordance with the requirements of paragraph 6.1 of this regulation shall be trained to implement the guidance provided in the manufacturer’s operating manual as required by paragraph 7 of this regulation.

9 For incinerators installed in accordance with the requirements of paragraph 6.1 of this regulation the combustion chamber gas outlet temperature shall be monitored at all times the unit is in operation. Where that incinerator is of the continuous-feed type, waste shall not be fed into the unit when the combustion chamber gas outlet temperature is below 850°C. Where that incinerator is of the batch-loaded type, the unit shall be designed so that the combustion chamber gas outlet temperature shall reach 600°C within five minutes after start-up. and will thereafter stabilize at a temperature not less than 850°C.

 Regulation 17

Reception facilities

1 Each Party undertakes to ensure the provision of facilities adequate to meet the:

  • .1 needs of ships using its repair ports for the reception of ozone-depleting substances and equipment containing such substances when removed from ships;

  • .2 needs of ships using its ports, terminals or repair ports for the reception of exhaust gas cleaning residues from an exhaust gas cleaning system;

without causing undue delay to ships, and

  • .3 needs in ship-breaking facilities for the reception of ozone-depleting substances and equipment containing such substances when removed from ships.

2 Small island developing Statesfootnote may satisfy the requirements in paragraph 1 of this regulation through regional arrangements when, because of those States’ unique circumstances, such arrangements are the only practical means to satisfy these requirements. Parties participating in a regional arrangement shall develop a Regional Reception Facilities Plan, taking into account the guidelines developed by the Organization.footnote

The Government of each Party participating in the arrangement shall consult with the Organization for circulation to the Parties of the present Convention:

  • .1 how the Regional Reception Facilities Plan takes into account the Guidelines;

  • .2 particulars of the identified Regional Ships Waste Reception Centres; and

  • .3 particulars of those ports with only limited facilities.

3 If a particular port or terminal of a Party is, taking into account the guidelines to be developed by the Organization, remotely located from, or lacking in, the industrial infrastructure necessary to manage and process those substances referred to in paragraph 1 of this regulation and therefore cannot accept such substances, then the Party shall inform the Organization of any such port or terminal so that this information may be circulated to all Parties and Member States of the Organization for their information and any appropriate action. Each Party that has provided the Organization with such information shall also notify the Organization of its ports and terminals where reception facilities are available to manage and process such substances.

4 Each Party shall notify the Organization for circulation to the Members of the Organization of all cases where the facilities provided under this regulation are unavailable or alleged to be inadequate.

 Regulation 18

Fuel oil availability and quality

Fuel oil availability

1 Each Party shall take all reasonable steps to promote the availability of fuel oils that comply with this Annex and inform the Organization of the availability of compliant fuel oils in its ports and terminals.

2.1 If a ship is found by a Party not to be in compliance with the standards for compliant fuel oils set forth in this Annex, the competent authority of the Party is entitled to require the ship to:

  • .1 present a record of the actions taken to attempt to achieve compliance; and

  • .2 provide evidence that it attempted to purchase compliant fuel oil 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 fuel oil and that despite best efforts to obtain compliant fuel oil, no such fuel oil was made available for purchase.

2.2 The ship should not be required to deviate from its intended voyage or to delay unduly the voyage in order to achieve compliance.

2.3 If a ship provides the information set forth in paragraph 2.1 of this regulation, a Party shall take into account all relevant circumstances and the evidence presented to determine the appropriate action to take, including not taking control measures.

2.4 A ship shall notify its Administration and the competent authority of the relevant port of destination when it cannot purchase compliant fuel oil.

2.5 A Party shall notify the Organization when a ship has presented evidence of the non-availability of compliant fuel oil.

Fuel oil quality

3 Fuel oil for combustion purposes delivered to and used on board ships to which this Annex applies shall meet the following requirements:

  • .1 except as provided in paragraph 3.2 of this regulation:

    • .1.1 the fuel oil shall be blends of hydrocarbons derived from petroleum refining. This shall not preclude the incorporation of small amounts of additives intended to improve some aspects of performance;

    • .1.2 the fuel oil shall be free from inorganic acid; and

    • .1.3 the fuel oil shall not include any added substance or chemical waste that:

      • .1 jeopardizes the safety of ships or adversely affects the performance of the machinery, or

      • .2 is harmful to personnel, or

      • .3 contributes overall to additional air pollution.

  • .2 fuel oil for combustion purposes derived by methods other than petroleum refining shall not:

    • .2.1 exceed the applicable sulphur content set forth in regulation 14 of this Annex;

    • .2.2 cause an engine to exceed the applicable NOx emission limit set forth in paragraphs 3, 4, 5.1.1 and 7.4 of regulation 13;

    • .2.3 contain inorganic acid; or

    • .2.4.1 jeopardize the safety of ships or adversely affect the performance of the machinery, or

    • .2.4.2 be harmful to personnel, or

    • .2.4.3 contribute overall to additional air pollution.

4 This regulation does not apply to coal in its solid form or nuclear fuels. Paragraphs 5, 6, 7.1, 7.2, 8.1, 8.2, 9.2, 9.3, and 9.4 of this regulation do not apply to gas fuels such as liquefied natural gas, compressed natural gas or liquefied petroleum gas. The sulphur content of gas fuels delivered to a ship specifically for combustion purposes on board that ship shall be documented by the supplier.

5 For each ship subject to regulations 5 and 6 of this Annex, details of fuel oil for combustion purposes delivered to and used on board shall be recorded by means of a bunker delivery note that shall contain at least the information specified in appendix V to this Annex.

6 The bunker delivery note shall be kept on board the ship in such a place as to be readily available for inspection at all reasonable times. It shall be retained for a period of three years after the fuel oil has been delivered on board.

7.1 The competent authority of a Party may inspect the bunker delivery notes on board any ship to which this Annex applies while the ship is in its port or offshore terminal, may make a copy of each delivery note, and may require the master or person in charge of the ship to certify that each copy is a true copy of such bunker delivery note. The competent authority may also verify the contents of each note through consultations with the port where the note was issued.

7.2 The inspection of the bunker delivery notes and the taking of certified copies by the competent authority under paragraph 7.1 of this regulation shall be performed as expeditiously as possible without causing the ship to be unduly delayed.

8.1 The bunker delivery note shall be accompanied by a representative sample of the fuel oil delivered taking into account the guidelines developed by the Organization.footnote The sample is to be sealed and signed by the supplier’s representative and the master or officer in charge of the bunker operation on completion of bunkering operations and retained under the ship’s control until the fuel oil is substantially consumed, but in any case for a period of not less than 12 months from the time of delivery.

8.2 If a Party requires the representative sample to be analysed, it shall be done in accordance with the verification procedure set forth in appendix VI to this Annex to determine whether the fuel oil meets the requirements of this Annex.

9 Parties undertake to ensure that appropriate authorities designated by them:

  • .1 maintain a register of local suppliers of fuel oil;

  • .2 require local suppliers to provide the bunker delivery note and sample as required by this regulation, certified by the fuel oil supplier that the fuel oil meets the requirements of regulations 14 and 18 of this Annex;

  • .3 require local suppliers to retain a copy of the bunker delivery note for at least three years for inspection and verification by the port State as necessary;

  • .4 take action as appropriate against fuel oil suppliers that have been found to deliver fuel oil that does not comply with that stated on the bunker delivery note;

  • .5 inform the Administration of any ship receiving fuel oil found to be non-compliant with the requirements of regulation 14 or 18 of this Annex; and

  • .6 inform the Organization for circulation to Parties and Member States of the Organization of all cases where fuel oil suppliers have failed to meet the requirements specified in regulations 14 or 18 of this Annex.

10 In connection with port State inspections carried out by Parties, the Parties further undertake to:

  • .1 inform the Party or non-Party under whose jurisdiction a bunker delivery note was issued of cases of delivery of non-compliant fuel oil, giving all relevant information; and

  • .2 ensure that remedial action as appropriate is taken to bring non-compliant fuel oil discovered into compliance.

11 For every ship of 400 gross tonnage and above on scheduled services with frequent and regular port calls, an Administration may decide after application and consultation with affected States that compliance with paragraph 6 of this regulation may be documented in an alternative manner that gives similar certainty of compliance with regulations 14 and 18 of this Annex.

Parent topic: Annex - MARPOL Annex VI Regulations for the Prevention of Air Pollution from Ships
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