The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/2924 |
| Year | 2008 |
2008 No. 2924
Marine Pollution
The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008
Made 12th November 2008
Laid before Parliament 14th November 2008
Coming into force 8th December 2008
The Secretary of State makes the following Regulations in exercise of the powers conferred by articles 2 and 3 of the Merchant Shipping (Prevention of Air Pollution from Ships) Order 20061, article 2 of the Merchant Shipping (Prevention of Pollution)(Law of the Sea Convention) Order 19962and section 128(5) and (6) of the Merchant Shipping Act 19953:
PART 1
General
Citation and commencement
1. These Regulations may be cited as the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 and come into force on 8th December 2008.
Interpretation
2.—(1) In these Regulations—
“the 1995 Act” means the Merchant Shipping Act 1995;
“the 1995 Regulations” means the Merchant Shipping (Port State Control) Regulations 19954;
“additional survey” means a survey carried out under regulation 10(3);
“Annex VI” means Annex VI to the Convention, which was added to the Convention by the Protocol of 1997, and includes—
(a) all amendments to that Annex adopted by the Marine Environment Protection Committee of the IMO before the date on which these Regulations are made, and
(b) any subsequent amendment to that Annex which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“anniversary date” means the day and month of each year which will correspond to the date of expiry of the latest appropriate certificate which has been issued and which is still valid in respect of the ship in question;
“annual survey” means a survey carried out under regulation 5(3);
“annual survey period” means the period specified in regulation 7(5);
“appropriate certificate” means—
(a) an IAPP Certificate, in relation to—
(i) a platform which is or will be engaged in voyages to waters under the sovereignty or jurisdiction of a Contracting Government other than the United Kingdom, and
(ii) any other United Kingdom ship of 400 GT or above which is or will be engaged in voyages to a port or offshore terminal under the jurisdiction of a Contracting Government other than the United Kingdom,
(b) a UKAPP Certificate in relation to—
(i) a platform which is not or will not be engaged in voyages to waters under the sovereignty or jurisdiction of a Contracting Government other than the United Kingdom, and
(ii) any other United Kingdom ship of 400 GT or above which is not and will not be engaged in voyages to a port or offshore terminal under the jurisdiction of a Contracting Government other than the United Kingdom;
“Certifying Authority” means the Secretary of State or any organisation which is an authorised organisation for the purposes of the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 19965;
“Contracting Government” means the Government of a State which has consented to be bound by the Convention, and for which the Protocol of 1997 to the Convention is in force;
“the Convention” means the International Convention for the Prevention of Pollution from Ships, 19736including its protocols, annexes and appendices, as amended by the Protocols of 19787and 19978, and includes—
(a) all the amendments adopted by the Marine Environment Protection Committee of the IMO on or before the date on which these Regulations are made; and
(b) any subsequent amendment to that Convention which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“continuous feed” in relation to a shipboard incinerator, means the process whereby waste is fed into a combustion chamber without human assistance while the incinerator is in normal operating conditions with the combustion chamber operative temperatures within the range of 850° and 1200°C;
“controlled waters” means the waters specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 19969as areas within which the jurisdiction and rights of the United Kingdom are exercisable;
“date of expiry”, in relation to an appropriate certificate held in respect of a ship, means the last day of the period specified in that appropriate certificate as the period for which the certificate is valid;
“emission” means any release of a substance subject to control by these Regulations from a ship into the atmosphere or sea;
“exclusive economic zone”, in relation to a foreign State, means the area beyond and adjacent to the territorial sea of that State, but not extending beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured;
“flag State”, in relation to a ship, means the State whose flag the ship is entitled to fly;
“fuel oil” means such substances as may be specified by the Secretary of State in a Merchant Shipping Notice;
“GT” means gross tonnage, and the gross tonnage of a ship is to be determined for the purposes of these Regulations in accordance with Schedule 1;
“harbour master” has the same meaning as in section 144(7) of the 1995 Act;
“IAPP Certificate” means a certificate entitled “International Air Pollution Prevention Certificate” issued in accordance with the Convention;
“IMO” means the International Maritime Organization;
“intermediate survey period” means the period specified in regulation 8(4);
“Marine Guidance Note” means a note described as such and issued by the MCA and any reference to a particular Marine Guidance Note includes a reference to a Marine Guidance Note amending or replacing that Note which is considered by the Secretary of State to be relevant from time to time;
“maximum continuous rating of the engine” means the rated power in kW as given in the Engine International Air Pollution Prevention Certificate issued in accordance with the NOx Technical Code;
“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
“Merchant Shipping Notice” means a notice described as such and issued by the MCA, and any reference to any particular Merchant Shipping Notice includes a reference to a Merchant Shipping Notice amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;
“nautical mile” means an international nautical mile of 1,852 metres;
“new installation” means the installation of systems, equipment, including new portable fire extinguishing units, insulation, or other material on a ship, but excludes repair or recharge of previously installed systems, equipment, insulation, or other material, and excludes recharge of portable fire extinguishing units;
“noxious liquid substance” has the meaning given in regulation 1.10 of Annex II to the Convention;
“NOx Technical Code” means the Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines10and includes any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“offshore terminal” means an installation situated away from the shore, where bulk, fluid or gas cargo (or more than one of these) is—
(a) transferred between ships,
(b) loaded onto a ship after having been transported from the shoreline, or
(c) unloaded from a ship for transporting to the shoreline;
“ozone-depleting substance” means a controlled substance defined in paragraph 4 of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer, 198711listed in Annex A, B, C or E to that Protocol and in Appendix 4 to Merchant Shipping Notice 1819 (M+F);
“platform” includes fixed and floating platforms and drilling rigs;
“Protocol of 1997” means the Protocol, dated 26th September 1997, to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto;
“renewal survey” means a survey carried out under regulation 6(3);
“sea” includes any estuary or arm of the sea;
“ship” means a vessel of any type whatsoever, including a hydrofoil boat, an air-cushion vehicle, a submersible, a floating craft and a platform, which is operating in the marine environment—
(a) beyond the limits of waters in categories A and B, or
(b) in waters in category C, but excluding deep lakes and lochs where the significant wave height (calculated as four times the square root of the area under the wave energy spectrum) could not be expected to exceed 1.2 metres at any time,
where categories A, B and C have the meanings given to them in Merchant Shipping Notice 1776(M);
“shipboard incineration” means the incineration on board a ship of wastes or other matter generated during the normal operation of the ship;
“shipboard incinerator” means a shipboard facility designed for the primary purpose of incineration;
“short voyage” means a voyage—
(a) in the course of which a ship is never more than 200 nautical miles from a port or place in which the passengers and crew could be placed in safety, and
(b) which does not exceed 600 nautical miles between the last port of call in the country in which the voyage begins and the last port of call in the voyage before beginning any return voyage, and which on any return voyage does not exceed 600 nautical miles between the port of call in which the ship begins its return voyage and the first port of call in the country in which the voyage began,
and for the purposes of this definition no account is to be taken of any deviation by a ship from its intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled;
“sludge oil” means sludge from fuel or lubricating oil separators, waste lubricating oil from main or auxiliary machinery, or waste oil from bilge...
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