MEPC.1/Circ.795/Rev.7
16 December 2022
UNIFIED INTERPRETATIONS TO MARPOL ANNEX VI
1 The Marine
Environment Protection Committee, at its seventy-ninth session (12 to 16
December 2022), approved unified interpretations to MARPOL Annex VI, which
included:
.1 extending the scope
of the unified interpretation of regulation 18.3 of MARPOL Annex VI concerning
the use of biofuels to include synthetic fuels;
.2 clarifying the
reporting of boil-off gas (BOG) consumed on board ships in the IMO Data
Collection System (IMO DCS);
.3 clarifying EEDI
reporting requirements in regulation 22.3 of MARPOL Annex VI; and
.4 issues related to
the development and verification of the SEEMP and the issuance of the Statement
of Compliance for CII reporting.
2 The updated
consolidated text of all existing unified interpretations to MARPOL Annex VI,
including those set out in circular MEPC.1/Circ.795/Rev.6, are set out in the
annex.
3 The regulation
numbers in the annexed unified interpretations refer to the 2021 Revised
MARPOL Annex VI, as adopted by resolution MEPC.328(76), which entered into force on 1
November 2022.
4 Member Governments
are invited to apply the annexed unified interpretations to MARPOL Annex VI, as
appropriate, and bring them to the attention of all Parties concerned.
5 Member Governments
are also invited to note MEPC.1/Circ.897
setting out cross-reference tables between the 2021 Revised MARPOL Annex VI
and the previous MARPOL Annex VI.
6 This circular
revokes MEPC.1/Circ.795/Rev.6.
ANNEX
UNIFIED INTERPRETATIONS TO MARPOL ANNEX VI
1 Definition of "new ship"
Regulation 2
Definitions
Regulation 2.2.18 reads as follows:
"New ship means a ship:
.1 for which the
building contract is placed on or after 1 January 2013; or
.2 in the absence of a
building contract, the keel of which is laid or which is at a similar stage of
construction on or after 1 July 2013; or
.3 the delivery of
which is on or after 1 July 2015."
Interpretation:
1.1 For the application
of the definition "new ship" as specified in regulation 2.2.18 to
each Phase specified in table 1 of regulation 24, it should be interpreted as
follows:
.1 the date specified
in regulation 2.2.18.1 should be replaced with the start date of each Phase;
.2 the date specified
in regulation 2.2.18.2 should be replaced with the date six months after the
start date and end date of each Phase; and
.3 the date specified
in regulation 2.2.18.3 should, for Phase 1, 2 and 3, be replaced with the date
48 months after the start date and end date of each Phase.
1.2 With the above
interpretations, the required EEDI of each phase is applied to the following
new ship which falls into one of the categories defined in regulations 2.2.5,
2.2.7, 2.2.9, 2.2.14, 2.2.15, 2.2.22, 2.2.29 and to which chapter 4 is
applicable:
.1 the required EEDI of Phase 0 is applied to the following new
ship:
.1 the building contract
of which is placed in Phase 0, and the delivery is before 1 January 2019; or
.2 the building
contract of which is placed before Phase 0, and the delivery is on or after 1
July 2015 and before 1 January 2019; or
in the absence of a building contract:
.3 the keel of which is
laid or which is at a similar stage of construction on or after 1 July 2013 and
before 1 July 2015, and the delivery is before 1 January 2019; or
.4 the keel of which is
laid or which is at a similar stage of construction before 1 July 2013, and the
delivery is on or after 1 July 2015 and before 1 January 2019;
.2 the required EEDI of
Phase 1 is applied to the following new ship:
.1 the building
contract of which is placed in Phase 1, and the delivery is before 1 January
2024; or
.2 the building
contract of which is placed before Phase 1, and the delivery is on or after 1
January 2019 and before 1 January 2024; or
in the absence of a building contract:
.3 the keel of which is
laid or which is at a similar stage of construction on or after 1 July 2015 and
before 1 July 2020, and the delivery is before 1 January 2024; or
.4 the keel of which is
laid or which is at a similar stage of construction before 1 July 2015, and the
delivery is on or after 1 January 2019 and before 1 January 2024;
.3 the required EEDI of
Phase 2 is applied to the following new ship:
.1 for ship types where
Phase 2 ends on 31 March 2022:
.1 the building
contract of which is placed in Phase 2, and the delivery is before 1 April
2026; or
.2 the building
contract of which is placed before Phase 2, and the delivery is on or after 1
January 2024 and before 1 April 2026; or
in the absence of a building contract:
.3 the keel of which is
laid or which is at a similar stage of construction on or after 1 July 2020 and
before 1 October 2022, and the delivery is before 1 April 2026; or
.4 the keel of which is
laid or which is at a similar stage of construction before 1 July 2020, and the
delivery is on or after 1 January 2024 and before 1 April 2026;
.2 for ship types where
Phase 2 ends on 31 December 2024:
.1 the building
contract of which is placed in Phase 2, and the delivery is before 1 January
2029; or
.2 the building
contract of which is placed before Phase 2, and the delivery is on or after 1
January 2024 and before 1 January 2029; or
in the absence of a building contract:
.3 the keel of which is
laid or which is at a similar stage of construction on or after 1 July 2020 and
before 1 July 2025, and the delivery is before 1 January 2029; or
.4 the keel of which is
laid or which is at a similar stage of construction before 1 July 2020, and the
delivery is on or after 1 January 2024 and before 1 January 2029;
.4 the required EEDI of Phase 3 is applied to the following new
ship:
.1 for ship types where
Phase 3 commences with 1 April 2022 and onwards:
.1 the building
contract of which is placed in Phase 3; or
.2 the building
contract of which is placed before Phase 3, and the delivery is on or after 1
April 2026; or
in the absence of a building contract:
.3 the keel of which is
laid or which is at a similar stage of construction on or after 1 October 2022;
or
.4 the keel of which is
laid or which is at a similar stage of construction before 1 October 2022 and
the delivery of which is on or after 1 April 2026;
.2 for ship types where
Phase 3 commences with 1 January 2025 and onwards:
.1 the building
contract of which is placed in Phase 3; or
.2 the building
contract of which is placed before Phase 3, and the delivery is on or after 1
January 2029; or
in the absence of a building contract:
.3 the keel of which
is laid or which is at a similar stage of construction on or after 1 July 2025;
or
.4 the keel of which is
laid or which is at a similar stage of construction before 1 July 2025 and the
delivery of which is on or after 1 January 2029.
2 Major conversion
Regulation 2
Definitions
Regulation 2.2.17 reads as follows:
"Major conversion means in relation to chapter 4 of
this Annex a conversion of a ship:
.1 which substantially
alters the dimensions, carrying capacity or engine power of the ship; or
.2 which changes the
type of the ship; or
.3 the intent of which
in the opinion of the Administration is substantially to prolong the life of
the ship; or
.4 which otherwise so
alters the ship that, if it were a new ship, it would become subject to
relevant provisions of the present Convention not applicable to it as an
existing ship; or
.5 which substantially
alters the energy efficiency of the ship and includes any modifications that
could cause the ship to exceed the applicable required EEDI as set out in
regulation 24 of this Annex or the applicable required EEXI as set out in
regulation 25 of this Annex."
Interpretation:
2.1 For regulation
2.2.17.1, any substantial change in hull dimensions and/or capacity (e.g.
change of length between perpendiculars (LPP) or change of
assigned freeboard) should be considered a major conversion. Any substantial
increase of total engine power for propulsion (e.g. 5% or more) should be
considered a major conversion. In any case, it is the Administration's
authority to evaluate and decide whether an alteration should be considered as
major conversion, consistent with chapter 4.
Note: Notwithstanding paragraph 2.1, assuming no alteration to the ship
structure, both decrease of assigned freeboard and temporary increase of
assigned freeboard due to the limitation of deadweight or draft at calling port
should not be construed as a major conversion. However, an increase of assigned
freeboard, except a temporary increase, should be construed as a major
conversion.
2.2 Notwithstanding
paragraph 2.1, for regulation 2.2.17.5, the effect on Attained EEDI as a result
of any change of ships' parameters, particularly any increase in total engine
power for propulsion, should be investigated. In any case, it is the
Administration's authority to evaluate and decide whether an alteration should
be considered as major conversion, consistent with chapter 4.
2.3 A company may, at
any time, voluntarily request re-certification of the EEDI, with IEE
Certificate reissuance, on the basis of any new improvements to the ships'
efficiency that are not considered to be major conversions.
2.4 In regulation
2.2.17.4, the terms "new ship" and "existing ship" should
be understood as they are used in MARPOL Annex I, regulation 1.9.1.4, rather
than as the defined terms in regulations 2.2.13 and 2.2.18.
2.5 The term "a ship" referred to in regulation 5.4.2 is
interpreted as "new ship".
3 Ships dedicated to
the carriage of fruit juice in refrigerated cargo tanks
Regulation 2
Definitions
Regulation 2.2.22 reads as follows:
"Refrigerated cargo carrier means a ship designed
exclusively for the carriage of refrigerated cargoes in holds."
Interpretation:
3.1 Ships dedicated to
the carriage of fruit juice in refrigerated cargo tanks should be categorized
as refrigerated cargo carrier.
4 Timing for
existing ships to have on board a SEEMP
Regulation 5
Surveys
Regulation 5.4.4 reads as follows:
"For existing ships,
the verification of the requirement to have a SEEMP on board according to
regulation 26 of this Annex shall take place at the first intermediate or
renewal survey identified in paragraph 1 of this regulation, whichever is the
first, on or after 1 January 2013."
Regulation 6
Issue or endorsement of Certificates and Statements of Compliance
related to fuel oil consumption reporting and operational carbon intensity
rating
Regulation 6.4 reads as follows:
"An International Energy Efficiency Certificate for the ship
shall be issued after a survey in accordance with the provisions of regulation
5.4 of this Annex to any ship of 400 gross tonnage and above before that ship
may engage in voyages to ports or offshore terminals under the jurisdiction of
other Parties."
Regulation 26
Ship Energy Efficiency Management Plan (SEEMP)
Regulation 26.1 reads as follows:
"Each ship shall keep on board a ship specific Ship Energy
Efficiency Management Plan (SEEMP). This may form part of the ship's Safety
Management System (SMS)."
Interpretation:
4.1 The International
Energy Efficiency Certificate (IEEC) should be issued for both new and existing
ships to which chapter 4 applies. Ships which are not required to keep an SEEMP
on board are not required to be issued with an IEEC.
4.2 The SEEMP required
by regulation 26.1 is not required to be placed on board an existing ship to
which this regulation applies until the verification survey specified in
regulation 5.4.4 is carried out.
4.3 For existing ships,
a SEEMP required in accordance with regulation 26 should be verified on board
according to regulation 5.4.4, and an IEEC should be issued, not later than the
first intermediate or renewal survey, in accordance with chapter 2, whichever
is earlier, on or after 1 January 2013, i.e. a survey connected to an
intermediate/renewal survey of the IAPP Certificate.
4.4 The intermediate or
renewal survey referenced in paragraph 4.3 relates solely to the timing of the
verification of the SEEMP on board, i.e. these IAPP Certificate survey windows
will also become the IEEC initial survey date for existing ships. The SEEMP is,
however, a survey item solely under chapter 4 and is not a survey item relating
to IAPP Certificate surveys.
4.5 In the event that
the SEEMP is not available on board during the first intermediate/renewal
survey of the IAPP Certificate on or after 1 January 2013, the RO should seek
the advice of the Administration concerning the issuance of an IEEC and be
guided accordingly. However, the validity of the IAPP Certificate is not
impacted by the lack of a
SEEMP as the SEEMP is a survey item solely under chapter 4 and not
under the IAPP Certificate surveys.
4.6 With respect to
ships required to keep on board a SEEMP, such ships exclude platforms
(including FPSOs and FSUs) and drilling rigs, regardless of their propulsion,
and any other ship without means of propulsion.
4.7 The SEEMP should be
written in a working language or languages understood by ships' personnel.
5 Section 2.3 of the
supplement to the IAPP Certificate
Regulation 8
Form of Certificates and Statements of Compliance related to fuel
oil consumption reporting and operational carbon intensity rating
Regulation 8.1 reads as follows:
"The International Air Pollution Prevention Certificate shall
be drawn up in a form corresponding to the model given in appendix I to this
Annex and shall be at least in English, French or Spanish. If an official
language of the issuing country is also used, this shall prevail in case of a
dispute or discrepancy."
Appendix I
Form of International Air Pollution Prevention (IAPP) Certificate
(Regulation 8)
Section 2.3 of the supplement to International Air Pollution
Prevention Certificate reads as follows:
"2.3 Sulphur oxides
(SOx) and particulate matter (regulation 14).
2.3.1 When the ship
operates outside of an emission control area specified in regulation 14.3, the
ship uses:
.1 fuel oil with a sulphur content as documented by bunker delivery
notes that does not exceed the limit value of 0.50% m/m, and/or
……………………….....………….…….…………...........................□
.2 an equivalent arrangement approved in accordance with regulation
4.1 as listed in paragraph 2.6 that is at least as effective in terms of SOx
emission reductions as compared to using a fuel oil with a sulphur content
limit value of 0.50% m/m
………………….....………….................………………....................□
2.3.2 When the ship
operates inside an emission control area specified in regulation 14.3, the ship
uses:
.1 fuel oil with a
sulphur content as documented by bunker delivery notes that does not exceed the
limit value of 0.10% m/m, and/or
……………………………………………...…………………...……□
.2 an equivalent
arrangement approved in accordance with regulation 4.1 as listed in paragraph
2.6 that is at least as effective in terms of SOx emission
reductions as compared to using a fuel oil with a sulphur content limit value
of 0.10% m/m
………………………………………………………………...………□
2.3.3 For a ship without
an equivalent arrangement approved in accordance with regulation 4.1 as listed
in paragraph 2.6, the sulphur content of fuel oil carried for use on board the
ship shall not exceed 0.50% m/m as documented by bunker delivery notes
……………………………………………………………………………...….…□"
Interpretation:
5.1 Section 2.3 of the
Supplement ("as documented by bunker delivery notes") allows for an
"x" to be entered in advance of the dates indicated in all of the
relevant check boxes recognizing that the bunker delivery notes, required to be
retained on board for a minimum period of three years, provide the subsequent
means to check that a ship is actually operating in a manner consistent with the
intent as given in section 2.3.
6 Identical
replacement engines
Regulation 13
Nitrogen oxides (NOx)
Regulation 13.1.1.2 reads as follows:
"Each marine diesel
engine with a power output of more than 130 kW that undergoes a major
conversion on or after 1 January 2000 except when demonstrated to the
satisfaction of the Administration that such engine is an identical replacement
to the engine that it is replacing and is otherwise not covered under paragraph
1.1.1 of this regulation."
Regulation 13.2.2 reads as follows:
"For a major conversion involving the replacement of a marine
diesel engine with a non-identical marine diesel engine or the installation of
an additional marine diesel engine, the standards in this regulation at the
time of the replacement or addition of the engine shall apply."
Interpretation:
6.1 In regulation
13.1.1.2, the term "identical" (and hence, by application of the
converse, in regulation 13.2.2 the term "non-identical") as applied
to engines under regulation 13 should be taken as:
6.2 An "identical
engine" is, as compared to the engine being replaced,1 an
engine which is of the same:
.1 design and model;
.2 rated power;
.3 rated speed;
.4 use;
.5 number of cylinders;
and
.6 fuel system type
(including, if applicable, injection control software):
.1 for engines without
EIAPP certification, have the same NOX critical components and
settings;2 or
.2 for engines with
EIAPP certification, belonging to the same Engine Group/Engine Family.
______________
1 In those instances where the replaced
engine will not be available to be directly compared with the replacing engine
at the time of updating the Supplement to the IAPP Certificate reflecting that
engine change it is to be ensured that the necessary records in respect of the
replaced engine are available in order that it can be confirmed that the
replacing engine represents "an identical engine".
2 For engines without EIAPP Certification
there will not be the defining NOx critical component markings or setting
values as usually given in the approved Technical File. Consequently, in these
instances, the assessment of "... same NOx critical components and
settings ..." shall be established on the basis that the following components
and settings are the same:
Fuel system:
.1 fuel pump model and injection timing; and
.2 injection nozzle model.
Charge air:
.1 configuration and, if applicable, turbocharger model and
auxiliary blower specification; and
.2 Cooling medium (seawater/freshwater).
7 Time of
replacement of an engine
Regulation 13
Nitrogen oxides (NOx)
Regulation 13.2.2 reads as follows:
"For a major conversion involving the replacement of a marine
diesel engine with a non-identical marine diesel engine, or the installation of
an additional marine diesel engine, the standards in this regulation at the
time of the replacement or addition of the engine shall apply."
Interpretation:
7.1 The term "time
of the replacement or addition" of the engine in regulation 13.2.2 should
be taken as the date of:
.1 the contractual
delivery date of the engine to the ship;3 or
.2 in the absence of a
contractual delivery date, the actual delivery date of the engine to the ship,3
provided that the date is confirmed by a delivery receipt; or
.3 in the event the
engine is fitted on board and tested for its intended purpose on or after six
months from the date specified in sub-paragraphs of regulation 13.5.1.2, as
appropriate, the actual date that the engine is tested on board for its
intended purpose applies in determining the standards in this regulation in
force at the time of the replacement or addition of the engine.
______________
3 The engine is to be
fitted on board and tested for its intended purpose within six months after the
date specified in sub-paragraphs of regulation 13.5.1.2, as appropriate.
7.2 Entry of the date
in paragraph 7.1 above, provided the conditions associated with those dates
apply, should be made in the item 8.a "Major conversion – According to
regulations 13.2.1.1 and 13.2.2" of the Supplement of IAPP Certificate.
7.3 If the engine is
not tested within six months after the date specified in sub-paragraphs of
regulation 13.5.1.2, as appropriate due to unforeseen circumstances beyond the
control of the shipowner, then the provisions of "unforeseen delay in
delivery" may be considered by the Administration in a manner similar to
UI4 of MARPOL Annex I.
8 Engine changeover/on-off recording
requirements
Regulation 13
Nitrogen oxides (NOx)
Regulation 13.5.3 reads as follows:
"The tier and on/off status of marine diesel engines
installed on board a ship to which paragraph 5.1 of this regulation applies
which are certified to both Tier II and Tier III or which are certified to Tier
II only shall be recorded in such logbook or electronic record book as
prescribed by the Administration at entry into and exit from a NOx
Tier III emission control area, or when the on/off status changes within such
an area, together with the date, time and position of the ship."
Interpretation:
8.1 For the application of this regulation:
.1 "marine diesel
engines installed on board a ship to which paragraph 5.1 of this regulation
applies" includes additional or replaced engines;4 installed on
or after the relevant emission control area takes effect;
.2 "certified to
Tier II only" means a Tier II engine that is installed on board a ship
which is constructed on or after the emission control area where the ship is
operating takes effect;
.3 Tier II engines
stipulated under the Tier II requirement of regulation 13.4, i.e. Tier II
engines installed on board a ship constructed before the entry into force of
the emission control area where the ship is operating, are not considered to be
a "Tier II only" engine in the context of record keeping. Such
exclusion is extended to Tier II engines replaced after the entry into force of
the relevant emission control areas on board ships of this category, if the
replacement engines meet resolution MEPC.230(65);
.4 if an engine
installed on a ship constructed before the entry into force of the emission
control area where the ship is operating has undergone a major conversion as
described in regulation 13.2.1, those engines are to be Tier III engines; thus
the above interpretation in .1 above applies; and
.5 recording is
required for the Tier II engine operation in a NECA under the exemption
according to regulation 13.5.4.
_______________
4 Additional or replaced
engine: refer to section 7.1 of MEPC.1/Circ.795/Rev.6.
9 Application of sulphur limit to
emergency equipment
Regulation 14
Sulphur oxides (SOx) and particulate matter
Regulation 14.1 reads as follows:
"The sulphur content of fuel oil used or carried for use on
board a ship shall not exceed 0.50% m/m."
Interpretation:
9.1 Regulation 14.1 of
MARPOL Annex VI for the prohibition on the carriage of noncompliant fuel oil
should be applied to the fuel oil of emergency equipment.
10 VOC management plan
Regulation 15
Volatile organic compounds (VOCs)
Regulations 15.6 and 15.7 read as follows:
"6 A tanker
carrying crude oil shall have on board and implement a VOC management plan
approved by the Administration. Such a plan shall be prepared taking into
account the guidelines developed by the Organization. The plan shall be
specific to each ship and shall at least:
.1 provide written
procedures for minimizing VOC emissions during the loading, sea passage and
discharge of cargo;
.2 give consideration
to the additional VOC generated by crude oil washing;
.3 identify a person
responsible for implementing the plan; and
.4 for ships on
international voyages, be written in the working language of the master and
officers and, if the working language of the master and officers is not
English, French or Spanish, include a translation into one of these languages.
7 This regulation
shall also apply to gas carriers only if the types of loading and containment
systems allow safe retention of non-methane VOCs on board or their safe return
ashore.5 "
_______________
5 Resolution MSC.30(61) on International
Code for the Construction and Equipment of Ships Carrying Liquefied Gases in
Bulk.
Interpretation:
10.1 The requirement for
a VOC management plan applies only to a tanker carrying crude oil.
11 Continuous-feed
type shipboard incinerators
Regulation 16
Shipboard incineration
Regulation 16.9 reads as follows:
"For incinerators installed in accordance with the
requirements of paragraph 6.1 of this regulation the combustion chamber gas
outlet temperature shall be monitored at all times the unit is in operation.
Where that incinerator is of the continuous-feed type, waste shall not be fed
into the unit when the combustion chamber gas outlet temperature is below
850°C. Where that incinerator is of the batch-loaded type, the unit shall be
designed so that the combustion chamber gas outlet temperature shall reach
600°C within five minutes after start-up and will thereafter stabilize at a temperature
not less than 850°C."
Interpretation:
11.1 For the application
of this regulation, the term "waste shall not be fed into the unit"
should be interpreted as follows:
For continuous-feed incinerators solid waste shall not be fed into
the unit when the combustion chamber flue gas outlet temperature is below
850°C. Sludge oil generated during normal operation of a ship should not be
regarded as waste in connection with this regulation, and can be fed into the
unit when the required preheat temperature of 650°C in the combustion chamber
is achieved.
11.2 For the application
of this regulation, the term "the unit shall be designed so that the
combustion chamber gas outlet temperature shall reach 600°C within five minutes
after start up" should be interpreted as follows:
Batch loaded incinerators should be designed so that the
temperature in the actual combustion space where the solid waste is combusted
should reach 600°C within five minutes after start-up.
12 Applicability of
the requirements for a bunker delivery note
Regulation 18
Fuel oil availability and quality
Regulation 18.5 reads as follows:
"For each ship subject to regulations 5 and 6 of this Annex,
details of fuel oil for combustion purposes delivered to and used on board
shall be recorded by means of a bunker delivery note that shall contain at
least the information specified in appendix V to this Annex."
Regulation 18.6 reads as follows:
"The bunker delivery note shall be kept on board the ship in
such a place as to be readily available for inspection at all reasonable times.
It shall be retained for a period of three years after the fuel oil has been
delivered on board."
Interpretation:
12.1 For the application
of these regulations, they should be interpreted as being applicable to all
ships of 400 gross tonnage or above and, at the Administration's discretion, to
ships of less than 400 gross tonnage.
13 Application of
regulation 18.3 for biofuel and synthetic fuel
Regulation 18
Fuel oil availability and quality
Regulation 18.3 reads as follows:
"Fuel oil for combustion purposes delivered to and used on
board ships to which this Annex applies shall meet the following
requirements."
Interpretation
13.1 A fuel oil which is
a blend of not more than 30% by volume of biofuel or synthetic fuel should meet
the requirements of regulation 18.3.1 of MARPOL Annex VI. A fuel oil which is a
blend of more than 30% by volume of biofuel or synthetic fuel should meet the
requirements of regulation 18.3.2 of MARPOL Annex VI. For the purposes of this
interpretation, a biofuel is a fuel oil which is derived from biomass and hence
includes, but is not limited to, processed used cooking oils,
fatty-acid-methyl-esters (FAME) or fatty-acid-ethyl-esters (FAEE), straight
vegetable oils (SVO), hydrotreated vegetable oils (HVO), glycerol or other
biomass to liquid (BTL) type products. For the purposes of this interpretation,
a synthetic fuel is a fuel oil from synthetic or renewable sources similar in
composition to petroleum distillate fuels. The Product Name, as entered onto
the bunker delivery note, should be of sufficient detail to identify whether,
and to what extent, a biofuel or a synthetic fuel is blended into the product
as supplied.
Regulation 18.3.2.2 reads as follows:
"fuel oil for combustion purposes derived by methods other
than petroleum refining shall not cause an engine to exceed the applicable NOX
emission limit set forth in paragraphs 3, 4, 5.1.1 and 7.4 of regulation
13."
Interpretation
13.2 A marine diesel
engine certified in accordance with the requirements of regulation 13 of MARPOL
Annex VI, which can operate on a biofuel or a synthetic fuel or blends
containing these fuels without changes to its NOx critical
components or settings/operating values outside those as given by that
engineʹs approved Technical File, should be permitted to use such a fuel
oil without having to undertake the assessment as given by regulation 18.3.2.2
of MARPOL Annex VI. For the purposes of this interpretation, parent engine
emissions tests undertaken on DM or RM grade fuels to the ISO 8217:2005
standard, as required by paragraph 5.3.2 of the NOx Technical Code,
should be valid for all DM or RM grade fuels used in operation, or that the
engine may be designed for, or capable of operation on, including those meeting
the ISO 8217 standards superseding ISO 8217:2005.
13.3 Where fuel oils are
derived from methods other than petroleum refining, or fuel oil which is a
blend of more than 30% by volume of biofuel or synthetic fuel and does not fall
under 13.2 of this unified interpretation, or other fuels required to undertake
the assessment as given by regulation 18.3.2.2 of MARPOL Annex VI and for which
have not been specifically certified in accordance with the regulation 13
limits at test bed for that specific fuel and Engine Group/Family, the
following is interpreted as an acceptable route to demonstrate compliance with
regulation 18.3.2.2:
.1 the ship's IAPP
Certificate may continue to be issued where the overall NOx
emissions performance has been verified to not cause the specified engine to
exceed the applicable NOx emissions limit when burning said fuels
using the onboard simplified measurement method in accordance with 6.3 of the
NOx Technical Code 2008, or the direct measurement and monitoring
method in accordance with 6.4 of the NOx Technical Code 2008, or by
reference to relevant test-bed testing. For the purposes of this interpretation
and demonstration of compliance with regulation 18.3.2.2 of MARPOL Annex VI,
and as applicable to possible deviations when undertaking measurements on
board, an allowance of 10% of the applicable limit may be accepted.
14 Confirmation of
compliance for new ships
Regulation 5
Surveys
Regulation 5.4.5 reads as follows:
"The Administration shall ensure that for each ship to which
regulation 27 applies, the SEEMP complies with regulation 26.2 of this Annex.
This shall be done prior to collecting data under regulation 27 of this Annex
in order to ensure the methodology and processes are in place prior to the
beginning of the ship's first reporting period. Confirmation of compliance
shall be provided to and retained on board the ship."
Regulation 26
Ship Energy Efficiency Management Plan (SEEMP)
Regulation 26.2 reads as follows:
"In the case of a ship of 5,000 gross tonnage and above, the
SEEMP shall include a description of the methodology that will be used to
collect the data required by regulation 27.1 of this Annex and the processes
that will be used to report the data to the ship's Administration."