1 The Conference of Parties to the International
                           Convention for the Prevention of Pollution from Ships, 1973, as modified
                           by the Protocol of 1978 relating thereto, held from 15 to 26 September
                           1997 in conjunction with the Marine Environment Protection Committee’s
                           fortieth session, adopted, in Conference Resolution 2, the Technical
                           Code on Control of Emission of Nitrogen Oxides from Marine Diesel
                           Engines (The NOx Technical Code).
                        
                        
                        
                      
                     
                     
                     
                        
                        
                         
                           2 The purpose of the NOx Technical Code is to
                           establish mandatory procedures for the testing, survey and certification
                           of marine diesel engines which will enable engine manufacturers, shipowners
                           and Administrations to ensure that all applicable marine diesel engines
                           comply with the relevant limits for emission values of NOx as specified
                           in regulation 13 of Annex VI to MARPOL 73/78.
                           
                        
                        
                        
                      
                     
                     
                     
                        
                        
                         
                           3 It is noted that regulation 13 of MARPOL Annex VI is intended to be applied to diesel
                           engines installed on ships constructed on or after 1 January 2000.
                           While the requirements of the regulation could not be enforced before
                           the entry into force of the Protocol of 1997, it should be clearly
                           understood that engines installed on ships constructed on or after
                           1 January 2000 or engines which undergo a major conversion on or after
                           1 January 2000 will have to meet these requirements once the Protocol
                           enters into force.
                           
                        
                        
                        
                      
                     
                     
                     
                        
                        
                         
                           4 It is also noted that it may not be possible,
                           due to engine size, to provide test facilities where barometric pressure,
                           temperature and humidity of the intake air can be controlled to maintain
                           the “fa” factor within the range 0.98 = fa = 1.02. In consequence, the test for engine family approval
                           may only be possible for a limited period during the year.
                           
                        
                        
                        
                      
                     
                     
                     
                        
                        
                         
                           5 It is further noted that the standard developed
                           by the International Organization for Standardization, ISO 8178 Part
                           1, 1996, on which the NOx Technical Code was based, contains the following
                           clause:
                        
                        
                        
                      
                     
                     
                     
                        
                        
                         “For a test to be recognized as valid, the parameter fa should be such that:
                           
                        
                        
                        
                      
                     
                     
                     
                     
                     
                     
                        
                        
                         If, for evident technical reasons, it is not possible to
                           comply with this requirement, fa shall be between 0.93
                           and 1.07.”
                           
                        
                        
                        
                      
                     
                     
                     
                        
                        
                         
                           6 The Committee, at its forty-fourth session (6
                           to 8, 10 and 13 March 2000):
                        
                        
                        
                        
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                                 .1 approved the amendments to the Code, the text
                                 of which is set out in Annex; and
                              
                              
                              
                            
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                                 .2 agreed that upon entry into force of Annex
                                 VI of MARPOL 73/78, the necessary legal
                                 procedure for amending the Code should be initiated in accordance
                                 with Article 16 of the 1973 MARPOL Convention.
                                 
                              
                              
                              
                            
                        
                        
                        
                      
                     
                     
                     
                        
                        
                         
                           7 To allow uniform application of the Code, and
                           to assist Administrations in certifying engines in accordance with
                           it, Governments are invited to accept the proposed amendments to the
                           NOx Technical Code, attached at annex to this Circular, prior to their
                           date of entry into force.