Resolution
MEPC.176(58)
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 (REVISED MARPOL ANNEX VI)
(Adopted on 10 October 2008)
THE
MARINE ENVIRONMENT PROTECTION COMMITTEE,
RECALLING
Article 38(a) of the Convention on the International Maritime Organization
concerning the functions of the Marine Environment Protection Committee (the
Committee) conferred upon it by international conventions for the prevention
and control of marine pollution,
NOTING
article 16 of the International Convention for the Prevention of Pollution from
Ships, 1973 (hereinafter referred to as the "1973 Convention"),
article VI of the Protocol of 1978 relating to the International Convention for
the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the
"1978 Protocol") and article 4 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 (herein after referred to as
the "1997 Protocol"), which together specify the amendment procedure
of the 1997 Protocol and confer upon the appropriate body of the Organization
the function of considering and adopting amendments to the 1973 Convention, as
modified by the 1978 and 1997 Protocols,
NOTING
ALSO that, by the 1997 Protocol, Annex VI entitled Regulations for the
Prevention of Air Pollution from Ships is added to the 1973 Convention
(hereinafter referred to as "Annex VI"),
HAVING
CONSIDERED the draft amendments to MARPOL Annex VI,
1.
ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention, the
amendments to Annex VI, the text of which is set out at Annex to the present
resolution;
2.
DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention,
that the amendments shall be deemed to have been accepted on 1 January 2010,
unless prior to that date, not less than one-third of the Parties or Parties
the combined merchant fleets of which constitute not less than 50 per cent of
the gross tonnage of the world's merchant fleet, have communicated to the
Organization their objection to the amendments;
3.
INVITES the Parties to note that, in accordance with article 16(2)(g)(ii) of
the 1973 Convention, the said amendments shall enter into force on 1 July 2010
upon their acceptance in accordance with paragraph 2 above;
4.
REQUESTS the Secretary-General, in conformity with article 16(2)(e) of the 1973
Convention, to transmit to all Parties to the 1973 Convention, as modified by
the 1978 and 1997 Protocols, certified copies of the present resolution and the
text of the amendments contained in the Annex;
5.
REQUESTS FURTHER the Secretary-General to transmit to the Members of the
Organization which are not Parties to the 1973 Convention, as modified by the
1978 and 1997 Protocols, copies of the present resolution and its Annex; and
6.
INVITES the Parties to MARPOL Annex VI and other Member Governments to bring
the amendments to MARPOL Annex VI to the attention of shipowners, ship
operators, shipbuilders, marine diesel engine manufacturers, marine fuel
suppliers and any other interested groups.
Annex.
REVISED MARPOL ANNEX VI
Regulations for
the Prevention of Air Pollution from Ships
The
provisions of this Annex shall apply to all ships, except where expressly
provided otherwise in regulations 3, 5, 6, 13, 15, 16 and 18 of this Annex.
For
the purpose of this Annex:
1.
Annex means Annex VI to the International Convention for the Prevention of
Pollution from Ships 1973 (MARPOL), as modified by the Protocol of 1978
relating thereto, and as modified by the Protocol of 1997, as amended by the
Organization, provided that such amendments are adopted and brought into force
in accordance with the provisions of article 16 of the present Convention.
2.
A similar stage of construction means the stage at which:
.1
construction identifiable with a specific ship begins; and
.2
assembly of that ship has commenced comprising at least 50 tons or one per cent
of the estimated mass of all structural material, whichever is less.
3.
Anniversary date means the day and the month of each year which will correspond
to the date of expiry of the International Air Pollution Prevention
Certificate.
4.
Auxiliary control device means a system, function, or control strategy
installed on a marine diesel engine that is used to protect the engine and/or
its ancillary equipment against operating conditions that could result in
damage or failure, or that is used to facilitate the starting of the engine. An
auxiliary control device may also be a strategy or measure that has been
satisfactorily demonstrated not to be a defeat device.
5.
Continuous feeding is defined as 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 temperature between
850°C and 1,200°C.
6.
Defeat device means a device which measures, senses, or responds to operating
variables (e.g., engine speed, temperature, intake pressure or any other
parameter) for the purpose of activating, modulating, delaying or deactivating
the operation of any component or the function of the emission control system
such that the effectiveness of the emission control system is reduced under
conditions encountered during normal operation, unless the use of such a device
is substantially included in the applied emission certification test
procedures.
7.
Emission means any release of substances, subject to control by this Annex,
from ships into the atmosphere or sea.
8.
Emission Control Area means an area where the adoption of special mandatory
measures for emissions from ships is required to prevent, reduce and control
air pollution from NOx or SOx and particulate matter or
all three types of emissions and their attendant adverse impacts on human
health and the environment. Emission Control Areas shall include those listed
in, or designated under, regulations 13 and 14 of this Annex.
9.
Fuel oil means any fuel delivered to and intended for combustion purposes for
propulsion or operation on board a ship, including distillate and residual
fuels.
10.
Gross tonnage means the gross tonnage calculated in accordance with the tonnage
measurement regulations contained in Annex I to the International Convention on
Tonnage Measurements of Ships, 1969 or any successor Convention.
11.
Installations in relation to regulation 12 of this Annex means the installation
of systems, equipment including portable fire-extinguishing units, insulation,
or other material on a ship, but excludes the repair or recharge of previously
installed systems, equipment, insulation, or other material, or the recharge of
portable fire-extinguishing units.
12.
Installed means a marine diesel engine that is or is intended to be fitted on a
ship, including a portable auxiliary marine diesel engine, only if its
fuelling, cooling, or exhaust system is an integral part of the ship. A
fuelling system is considered integral to the ship only if it is permanently
affixed to the ship. This definition includes a marine diesel engine that is
used to supplement or augment the installed power capacity of the ship and is
intended to be an integral part of the ship.
13.
Irrational emission control strategy means any strategy or measure that, when
the ship is operated under normal conditions of use, reduces the effectiveness
of an emission control system to a level below that expected on the applicable
emission test procedures.
14.
Marine diesel engine means any reciprocating internal combustion engine
operating on liquid or dual fuel, to which regulation 13 of this Annex applies,
including booster/compound systems if applied.
15.
NOx Technical Code means the Technical Code on Control of Emission
of Nitrogen Oxides from Marine Diesel Engines adopted by resolution 2 of the
1997 MARPOL Conference, as amended by the Organization, provided that such
amendments are adopted and brought into force in accordance with the provisions
of article 16 of the present Convention.
16.
Ozone depleting substances means controlled substances defined in paragraph (4)
of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer,
1987, listed in Annexes A, B, C or E to the said Protocol in force at the time
of application or interpretation of this Annex.
Ozone
depleting substances that may be found on board ship include, but are not
limited to:
- Halon 1211
Bromochlorodifluoromethane
- Halon 1301
Bromotrifluoromethane
- Halon 2402 1,
2-Dibromo -1, 1, 2, 2-tetraflouroethane (also known as Halon 114B2)
- CFC-11
Trichlorofluoromethane
- CFC-12
Dichlorodifluoromethane
- CFC-113 1, 1,
2 – Trichloro – 1, 2, 2 – trifluoroethane
- CFC-114 1, 2 –
Dichloro –1, 1, 2, 2 – tetrafluoroethane
- CFC-115
Chloropentafluoroethane
17.
Shipboard incineration means the incineration of wastes or other matter on
board a ship, if such wastes or other matter were generated during the normal
operation of that ship.
18.
Shipboard incinerator means a shipboard facility designed for the primary
purpose of incineration.
19.
Ships constructed means ships the keels of which are laid or which are at a
similar stage of construction.
20.
Sludge oil means sludge from the fuel oil or lubricating oil separators, waste
lubricating oil from main or auxiliary machinery, or waste oil from bilge water
separators, oil filtering equipment or drip trays.
21.
Tanker means an oil tanker as defined in regulation 1 of Annex I or a chemical
tanker as defined in regulation 1 of Annex II of the present Convention.
Regulation 3.
Exceptions and Exemptions
General
1.
Regulations of this Annex shall not apply to:
.1 any emission
necessary for the purpose of securing the safety of a ship or saving life at
sea; or
.2 any emission
resulting from damage to a ship or its equipment:
.2.1 provided
that all reasonable precautions have been taken after the occurrence of the
damage or discovery of the emission for the purpose of preventing or minimizing
the emission; and
.2.2 except if
the owner or the master acted either with intent to cause damage, or recklessly
and with knowledge that damage would probably result.
Trials
for Ship Emission Reduction and Control Technology Research
2.
The Administration of a Party may, in co-operation with other Administrations
as appropriate, issue an exemption from specific provisions of this Annex for a
ship to conduct trials for the development of ship emission reduction and
control technologies and engine design programmes. Such an exemption shall only
be provided if the applications of specific provisions of the Annex or the
revised NOx Technical Code 2008 could impede research into the
development of such technologies or programmes. A permit for such an exemption
shall only be provided to the minimum number of ships necessary and be subject
to the following provisions:
.1 for marine
diesel engines with a per cylinder displacement up to 30 litres, the duration
of the sea trial shall not exceed 18 months. If additional time is required, a
permitting Administration or Administrations may permit a renewal for one
additional 18-month period; or
.2 for marine
diesel engines with a per cylinder displacement at or above 30 litres, the
duration of the ship trial shall not exceed 5 years and shall require a
progress review by the permitting Administration or Administrations at each
intermediate survey. A permit may be withdrawn based on this review if the
testing has not adhered to the conditions of the permit or if it is determined
that the technology or programme is not likely to produce effective results in
the reduction and control of ship emissions. If the reviewing Administration or
Administrations determine that additional time is required to conduct a test of
a particular technology or programme, a permit may be renewed for an additional
time period not to exceed five years.
Emissions
from Sea-bed Mineral Activities
3.1
Emissions directly arising from the exploration, exploitation and associated
offshore processing of sea-bed mineral resources are, consistent with article
2(3)(b)(ii) of the present Convention, exempt from the provisions of this
Annex. Such emissions include the following:
.1 emissions
resulting from the incineration of substances that are solely and directly the
result of exploration, exploitation and associated offshore processing of
sea-bed mineral resources, including but not limited to the flaring of
hydrocarbons and the burning of cuttings, muds, and/or stimulation fluids
during well completion and testing operations, and flaring arising from upset
conditions;
.2 the release
of gases and volatile compounds entrained in drilling fluids and cuttings;
.3 emissions
associated solely and directly with the treatment, handling, or storage of
sea-bed minerals; and
.4 emissions
from marine diesel engines that are solely dedicated to the exploration,
exploitation and associated offshore processing of sea-bed mineral resources.
3.2
The requirements of regulation 18 of this Annex shall not apply to the use of
hydrocarbons which are produced and subsequently used on site as fuel, when
approved by the Administration.
1.
The Administration of a Party may allow any fitting, material, appliance or
apparatus to be fitted in a ship or other procedures, alternative fuel oils, or
compliance methods used as an alternative to that required by this Annex if
such fitting, material, appliance or apparatus or other procedures, alternative
fuel oils, or compliance methods are at least as effective in terms of
emissions reductions as that required by this Annex, including any of the
standards set forth in regulations 13 and 14.
2.
The Administration of a Party which allows a fitting, material, appliance or
apparatus or other procedures, alternative fuel oils, or compliance methods
used as an alternative to that required by this Annex shall communicate to the
Organization for circulation to the Parties particulars thereof, for their
information and appropriate action, if any.
3.
The Administration of a Party should take into account any relevant guidelines
developed by the Organization pertaining to the equivalents provided for in
this regulation.
4.
The Administration of a Party which allows the use of an equivalent as set
forth in paragraph 1 of this regulation shall endeavour not to impair or damage
its environment, human health, property, or resources or those of other States.
Chapter II.
SURVEY, CERTIFICATION AND MEANS OF CONTROL
1.
Every ship of 400 gross tonnage and above and every fixed and floating drilling
rig and other platforms shall be subject to the surveys specified below:
.1 An initial
survey before the ship is put into service or before the certificate required
under regulation 6 of this Annex is issued for the first time. This survey
shall be such as to ensure that the equipment, systems, fittings, arrangements
and material fully comply with the applicable requirements of this Annex;
.2 A renewal
survey at intervals specified by the Administration, but not exceeding five
years, except where regulation 9.2, 9.5, 9.6 or 9.7 of this Annex is
applicable. The renewal survey shall be such as to ensure that the equipment,
systems, fittings, arrangements and material fully comply with applicable
requirements of this Annex;
.3 An
intermediate survey within three months before or after the second anniversary
date or within three months before or after the third anniversary date of the
certificate which shall take the place of one of the annual surveys specified
in paragraph 1.4 of this regulation. The intermediate survey shall be such as
to ensure that the equipment and arrangements fully comply with the applicable
requirements of this Annex and are in good working order. Such intermediate surveys
shall be endorsed on the certificate issued under regulation 6 or 7 of this
Annex;
.4 An annual
survey within three months before or after each anniversary date of the
certificate, including a general inspection of the equipment, systems,
fittings, arrangements and material referred to in paragraph 1.1 of this
regulation to ensure that they have been maintained in accordance with
paragraph 4 of this regulation and that they remain satisfactory for the
service for which the ship is intended. Such annual surveys shall be endorsed
on the certificate issued under regulation 6 or 7 of this Annex; and
.5 An additional
survey either general or partial, according to the circumstances, shall be made
whenever any important repairs or renewals are made as prescribed in paragraph
4 of this regulation or after a repair resulting from investigations prescribed
in paragraph 5 of this regulation. The survey shall be such as to ensure that
the necessary repairs or renewals have been effectively made, that the material
and workmanship of such repairs or renewals are in all respects satisfactory
and that the ship complies in all respects with the requirements of this Annex.
2.
In the case of ships of less than 400 gross tonnage, the Administration may
establish appropriate measures in order to ensure that the applicable
provisions of this Annex are complied with.
3.
Surveys of ships as regards the enforcement of the provisions of this Annex
shall be carried out by officers of the Administration.
.1 The
Administration may, however, entrust the surveys either to surveyors nominated
for the purpose or to organizations recognized by it. Such organizations shall
comply with the guidelines adopted by the Organization;1
________________
1 Refer to the Guidelines for
the authorization of organizations acting on behalf of the Administration,
adopted by the Organization by resolution A.739(18), as may be amended by the
Organization, and the Specifications on the survey and certification functions
of recognized organizations acting on behalf of the Administration, adopted by
the Organization by resolution A.789(19), as may be amended by the
Organization.
.2 The survey of
marine diesel engines and equipment for compliance with regulation 13 of this
Annex shall be conducted in accordance with the revised NOx
Technical Code 2008;
.3 When a
nominated surveyor or recognized organization determines that the condition of
the equipment does not correspond substantially with the particulars of the
certificate, they shall ensure that corrective action is taken and shall in due
course notify the Administration. If such corrective action is not taken, the
certificate shall be withdrawn by the Administration. If the ship is in a port
of another Party, the appropriate authorities of the port State shall also be
notified immediately. When an officer of the Administration, a nominated
surveyor or recognized organization has notified the appropriate authorities of
the port State, the Government of the port State concerned shall give such
officer, surveyor or organization any necessary assistance to carry out their
obligations under this regulation; and
.4 In every
case, the Administration concerned shall fully guarantee the completeness and
efficiency of the survey and shall undertake to ensure the necessary
arrangements to satisfy this obligation.
4.
The equipment shall be maintained to conform with the provisions of this Annex
and no changes shall be made in the equipment, systems, fittings, arrangements,
or material covered by the survey, without the express approval of the
Administration. The direct replacement of such equipment and fittings with
equipment and fittings that conform with the provisions of this Annex is
permitted.
5.
Whenever an accident occurs to a ship or a defect is discovered which
substantially affects the efficiency or completeness of its equipment covered
by this Annex, the master or owner of the ship shall report at the earliest
opportunity to the Administration, a nominated surveyor, or recognized
organization responsible for issuing the relevant certificate.
Regulation 6.
Issue or endorsement of a Certificate
1.
An International Air Pollution Prevention Certificate shall be issued, after an
initial or renewal survey in accordance with the provisions of regulation 5 of
this Annex, to:
.1 any ship of
400 gross tonnage and above engaged in voyages to ports or offshore terminals
under the jurisdiction of other Parties; and
.2 platforms and
drilling rigs engaged in voyages to waters under the sovereignty or
jurisdiction of other Parties.
2.
A ship constructed before the date of entry into force of Annex VI for such
ship's Administration shall be issued with an International Air Pollution
Prevention Certificate in accordance with paragraph 1 of this regulation no
later than the first