Statutory Documents - IMO Publications and Documents - Resolutions - Marine Environment Protection Committee - Resolution MEPC.181(59) – 2009 Guidelines for Port State Control Under the Revised MARPOL Annex VI – (Adopted on 17 July 2009) - Annex – 2009 Guidelines for Port State Control Under the Revised MARPOL Annex VI - Chapter 2 – Inspections of Ships Required to Carry the IAPP Certificate - 2.3 Detainable deficiencies
2.3 Detainable deficiencies
2.3.1 In exercising his/her functions, the PSCO should use professional judgment to determine whether to detain the ship until any noted deficiencies are corrected or to allow it to sail with certain deficiencies which do not pose an unreasonable threat of harm to the marine environment. In doing this, the PSCO should be guided by the principle that the requirements contained in the Annex, with respect to the construction, equipment and operation of the ship, are essential for the protection of the marine environment and that departure from these requirements could constitute an unreasonable threat of harm to the marine environment.
2.3.2 In order to assist the PSCO in the use of these Guidelines, there follows a list of deficiencies, which are considered, taking into account the provisions of regulation VI/3, to be of such a serious nature that they may warrant the detention of the ship involved:
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.1 absence of valid IAPP Certificate, EIAPP Certificates or Technical Filesfootnote;
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.2 a marine diesel engine, with a power output of more than 130 kW, which is installed on board a ship constructed on or after 1 January 2000, or a marine diesel engine having undergone a major conversion on or after 1 January 2000, which does not comply with the NOx Technical Code or that does not comply with the relevant NOx emission limit;
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.3 a marine diesel engine, with a power output of more than 5,000 kW and a per cylinder displacement at or above 90 litres, which is installed on board a ship constructed on or after 1 January 1990 but prior to 1 January 2000, and an Approved Method for that engine has been certified by an Administration and was commercially available, for which an Approved Method is not installed after the first renewal survey specified in regulation VI/13.7.2;
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.4 depending on the method used for demonstrating SOx compliance, the sulphur content of any fuel oil being used on board exceeds 4.5% m/m prior to 1 January 2012, 3.50% m/m on and after a January 2012 and 0.50% m/m on and after 1 January 2020footnote, taking into account the provisions of regulation VI/18.2;
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.5 non-compliance with the relevant requirements while operating within an Emission Control Area for SOx and particulate matter control;
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.6 an incinerator installed on board the ship on or after 1 January 2000 does not comply with requirements contained in appendix IV to the Annex, or the standard specifications for shipboard incinerators developed by the Organization (resolutions MEPC.76(40) and MEPC.93(45));
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.7 the master or crew are not familiar with essential procedures regarding the operation of air pollution prevention equipment as defined in paragraph 2.2.9 above.
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