The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019

Document Number:2019 No. 940
Coming into force:Coming into force on the 30/06/2019
 
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Statutory Instruments

Marine Pollution

Made

21 st May 2019

Laid before Parliament

22 nd May 2019

Coming into force

30 th June 2019

The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) , section 302 of the Merchant Shipping Act 1995(2) and articles 2 and 3 of the Merchant Shipping (Prevention of Air Pollution from Ships) Order 2006(3) makes the following Regulations.

In accordance with section 302(1) of the Merchant Shipping Act 1995 , regulation 4 of these Regulations is made with the consent of the Treasury.

Citation and Commencement

  1. These Regulations may be cited as the Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019 and come into force on 30 th June 2019.

    Amendment of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008

  2. —(1) The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008(4) are amended as follows.

    (2) In regulation 2 (interpretation)—

    (a) after the definition of “IAPP Certificate” insert—

    ““IEE Certificate” means an international energy efficiency certificate issued in accordance with the Convention;”;

    after the definition of “sea” insert—

    ““SEEMP” means a ship energy efficiency management plan described in regulation 25 A;”;

    after the definition of “sludge oil” insert—

    ““Statement of Compliance” means a statement of compliance relating to fuel oil consumption reporting issued in accordance with regulation 6.7 of Annex VI;”.

    (3) In regulation 3 (application and exemptions)—

    (a) after paragraph (2) insert—

    “(2 A) Regulations 11 A, 12 A and 13 A apply to ships of 400 GT or above.”;

    (b) after paragraph (9) insert—

    “(9 A) Schedule 4 applies to ships of 5 ,000 GT or above.”.

    (4) After regulation 11(issue of appropriate certificate by a certifying authority) insert—

    “Issue of IEE certificates by a Certifying Authority

    11 A.—(1) Subject to the payment of any fee due under the Merchant Shipping (Fees) Regulations 2018(5) , on being notified by a surveyor that the surveyor—

    (a) has carried out an initial survey, or a general or partial survey, in respect of a ship to which this regulation applies, and

    (b) is satisfied at the date of the survey that—

    (i) the ship’s attained EEDI is in accordance with Chapter 4 of Annex VI; and

    (ii) the ship’s SEEMP is on board,

    a Certifying Authority must issue an IEE Certificate in respect of that ship.

    (2) Where the conditions in paragraphs (3) and (4) are met a Certifying Authority must issue an IEE Certificate in respect of a ship.

    (3) The first condition is that the ship has become a ship to which this regulation applies on transfer from the flag of another Contracting Government.

    (4) The other conditions are—

    (a) an IEE Certificate has been issued in respect of the ship and was still valid immediately before the date of transfer,

    (b) the Certifying Authority has caused a survey to be carried out in respect of the ship, and

    (c) the Certifying Authority is satisfied that—

    (i) the ship’s attained EEDI is in accordance with Chapter 4 of Annex VI;

    (ii) the ship’s SEEMP is on board; and

    (iii) no change has been made to the equipment, systems, fittings, arrangements or material covered by the last survey carried out under regulation 5.4 of Annex VI without the approval of the Contracting Government in question.

    (5) An IEE Certificate issued under...

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