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 (hereinafter 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 was added to the 1973 Convention
(hereinafter referred to as "Annex VI"),
NOTING FURTHER that the revised Annex VI was adopted by resolution
MEPC.176(58) and entered into force on 1 July 2010,
RECOGNIZING that the amendments to Annex VI and inclusion of a new
chapter 4 intend to improve energy efficiency for ships through a set of
technical performance standards, which would result in reduction of emissions
of any substances that originate from fuel oil and its combustion process,
including those already controlled by Annex VI,
RECOGNIZING ALSO that adoption of the amendments to Annex VI in no way
prejudges the negotiations held in other international fora, such as the United
Nations Framework Convention on Climate Change (UNFCCC), nor affect the
positions of the countries that participate in such negotiation,
HAVING CONSIDERED draft amendments to the revised Annex VI for inclusion
of regulations on energy efficiency for ships,
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 in the 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 July 2012, 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 January 2013 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, ship
designers, marine diesel engine and equipment manufacturers as well as any
other interested groups.
Regulation 1 Application
1 The regulation
is amended as follows:
"The
provisions of this Annex shall apply to all ships, except where expressly
provided otherwise in regulations 3, 5, 6, 13, 15, 16, 18, 19, 20, 21, 22 and
23 of this Annex."
Regulation 2 Definitions
2 Paragraph 21 is
amended as follows:
"21
Tanker in relation to regulation 15 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."
3 The following is
added at the end of regulation 2: "For the purpose of chapter 4:
22 "Existing ship"
means a ship which is not a new ship.
23 "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.
24 "Major
Conversion" means in relation to chapter 4 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 21.
25 "Bulk carrier"
means a ship which is intended primarily to carry dry cargo in bulk, including
such types as ore carriers as defined in SOLAS chapter XII, regulation 1, but
excluding combination carriers.
26 "Gas carrier"
means a cargo ship constructed or adapted and used for the carriage in bulk of
any liquefied gas.
27 "Tanker" in
relation to chapter 4 means an oil tanker as defined in MARPOL Annex I,
regulation 1 or a chemical tanker or an NLS tanker as defined in MARPOL Annex
II, regulation 1.
28 "Container ship"
means a ship designed exclusively for the carriage of containers in holds and
on deck.
29 "General cargo
ship" means a ship with a multi-deck or single deck hull designed primarily
for the carriage of general cargo. This definition excludes specialized dry
cargo ships, which are not included in the calculation of reference lines for
general cargo ships, namely livestock carrier, barge carrier, heavy load
carrier, yacht carrier, nuclear fuel carrier.
30 "Refrigerated cargo
carrier" means a ship designed exclusively for the carriage of
refrigerated cargoes in holds.
31 "Combination
carrier" means a ship designed to load 100% deadweight with both liquid
and dry cargo in bulk.
32 "Passenger ship"
means a ship which carries more than 12 passengers.
33 "Ro-ro cargo ship
(vehicle carrier)" means a multi deck roll-on-roll-off cargo ship designed
for the carriage of empty cars and trucks.
34 "Ro-ro cargo
ship" means a ship designed for the carriage of roll-on-roll-off cargo
transportation units.
35 "Ro-ro passenger
ship" means a passenger ship with roll-on-roll-off cargo spaces.
36 "Attained EEDI"
is the EEDI value achieved by an individual ship in accordance with regulation
20 of chapter 4.
37 "Required EEDI"
is the maximum value of attained EEDI that is allowed by regulation 21 of
chapter 4 for the specific ship type and size."
Regulation 5 Surveys
4 Paragraph 1 is
amended as follows:
"1 Every ship of 400 gross tonnage and above and every fixed and
floating drilling rig and other platforms shall to ensure compliance with
chapter 3 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
chapter 3;
.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 chapter 3;
.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 chapter 3 and are in good working order. Such
intermediate surveys shall be endorsed on the IAPP 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 5 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 IAPP 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 5 of this regulation or after a repair resulting from investigations
prescribed in paragraph 6 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 chapter 3."
5 Paragraph 2 is
amended as follows:
"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 chapter 3 are complied with."
6 A new paragraph
4 is added after existing paragraph 3 as follows:
"4
Ships to which chapter 4 applies
shall also be subject to the surveys specified below, taking into account
Guidelines adopted by the Organization1:
____________________________
1 Refer to
Guidelines on Survey and Certification of the Energy Efficiency Design Index.
.1
An initial survey before a new ship is put in service and before the
International Energy Efficiency Certificate is issued. The survey shall verify
that the ship's attained EEDI is in accordance with the requirements in chapter
4, and that the SEEMP required by regulation 22 is on board;
.2
A general or partial survey, according to the circumstances, after a major
conversion of a ship to which this regulation applies. The survey shall ensure
that the attained EEDI is recalculated as necessary and meets the requirement
of regulation 21, with the reduction factor applicable to the ship type and
size of the converted ship in the phase corresponding to the date of contract
or keel laying or delivery determined for the original ship in accordance with
regulation 2.23;
.3
In cases where the major conversion of a new or existing ship is so extensive
that the ship is regarded by the Administration as a newly constructed ship,
the Administration shall determine the necessity of an initial survey on
attained EEDI. Such a survey, if determined necessary, shall ensure that the
attained EEDI is calculated and meets the requirement of regulation 21, with
the reduction factor applicable corresponding to the ship type and size of the
converted ship at the date of the contract of the conversion, or in the absence
of a contract, the commencement date of the conversion. The survey shall also
verify that the SEEMP required by regulation 22 is on board; and
.4
For existing ships, the verification of the requirement to have a SEEMP on
board according to regulation 22 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."
7 Paragraph 4 is
renumbered paragraph 5.
8 Paragraph 5 is
renumbered paragraph 6.
Regulation 6
Issue or endorsement of a Certificate
9 The heading is
amended as follows:
"Issue or endorsement of Certificates"
10 The following sub-heading
is added at the beginning of the regulation: "International Air Pollution
Prevention Certificate"
11 Paragraph 2 is amended as
follows:
"2
A ship constructed before the date
Annex VI enters into force for that particular 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 scheduled
dry-docking after the date of such entry into force, but in no case later than
three years after this date."
12 The following is added at
the end of the regulation: "International Energy Efficiency Certificate
4
An International Energy Efficiency Certificate for the ship shall be issued
after a survey in accordance with the provisions of regulation 5.4 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.
5
The certificate shall be issued or endorsed either by the Administration or any
organization duly authorized by it2. In every case, the
Administration assumes full responsibility for the certificate."
_____________________
2 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.
Regulation 7
Issue of a Certificate by another Party
13 Paragraph 1 is amended as
follows:
"1
A Party may, at the request of the
Administration, cause a ship to be surveyed and, if satisfied that the
applicable provisions of this Annex are complied with, shall issue or authorize
the issuance of an International Air Pollution Prevention Certificate or an
International Energy Efficiency Certificate to the ship, and where appropriate,
endorse or authorize the endorsement of such certificates on the ship, in
accordance with this Annex."
14 Paragraph 4 is amended as
follows:
"4
No International Air Pollution
Prevention Certificate or International Energy Efficiency Certificate shall be
issued to a ship which is entitled to fly the flag of a State which is not a
Party."
Regulation 8 Form of Certificate
15 The heading is amended as
follows: "Form of Certificates"
16 The following subheading is
added, and the existing regulation is renumbered as paragraph 1:
"International
Air Pollution Prevention Certificate"
17 The following new paragraph
2 is added at the end of the regulation:
"International
Energy Efficiency Certificate
2
The International Energy Efficiency Certificate shall be drawn up in a form
corresponding to the model given in appendix VIII to this Annex and shall be at
least in English, French or Spanish. If an official language of the issuing
Party is also used, this shall prevail in case of a dispute or discrepancy."
Regulation 9
Duration and Validity of Certificate
18 The heading is amended as
follows:
"Duration and Validity of Certificates"
19 The following subheading is
added at the beginning of the regulation: "International Air Pollution
Prevention Certificate"
20 The following is added at
the end of the regulation:
"International
Energy Efficiency Certificate
10 The International Energy
Efficiency Certificate shall be valid throughout the life of the ship subject
to the provisions of paragraph 11 below.
11 An International Energy
Efficiency Certificate issued under this Annex shall cease to be valid in any
of the following cases:
.1
if the ship is withdrawn from service or if a new certificate is issued
following major conversion of the ship; or
.2
upon transfer of the ship to the flag of another State. A new certificate shall
only be issued when the Government issuing the new certificate is fully
satisfied that the ship is in compliance with the requirements of chapter 4. In
the case of a transfer between Parties, if requested within three months after
the transfer has taken place, the Government of the Party whose flag the ship
was formerly entitled to fly shall, as soon as possible, transmit to the
Administration copies of the certificate carried by the ship before the
transfer and, if available, copies of the relevant survey reports."
Regulation 10
Port State Control on Operational Requirements
21 A new paragraph 5 is added
at the end of the regulation as follows:
"5
In relation to chapter 4, any port
State inspection shall be limited to verifying, when appropriate, that there is
a valid International Energy Efficiency Certificate on board, in accordance
with article 5 of the Convention."
22 A new chapter 4 is added at
the end of the Annex as follows:
"CHAPTER 4 REGULATIONS ON ENERGY EFFICIENCY FOR SHIPS
Regulation 19 Application
1 This chapter
shall apply to all ships of 400 gross tonnage and above.
2 The provisions
of this chapter shall not apply to:
.1
ships solely engaged in voyages within waters subject to the sovereignty or
jurisdiction of the State the flag of which the ship is entitled to fly.
However, each Party should ensure, by the adoption of appropriate measures,
that such ships are constructed and act in a manner consistent with chapter 4,
so far as is reasonable and practicable.
3 Regulation 20
and regulation 21 shall not apply to ships which have diesel-electric
propulsion, turbine propulsion or hybrid propulsion systems.
4 Notwithstanding
the provisions of paragraph 1 of this regulation, the Administration may waive
the requirement for a ship of 400 gross tonnage and above from complying with
regulation 20 and regulation 21.
5 The provision of
paragraph 4 of this regulation shall not apply to ships of 400 gross tonnage
and above:
.1
for which the building contract is placed on or after 1 January 2017; 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 2017; or
.3
the delivery of which is on or after 1 July 2019; or
.4
in cases of a major conversion of a new or existing ship, as defined in
regulation 2.24, on or after 1 January 2017, and in which regulation 5.4.2 and
regulation 5.4.3 of chapter 2 apply.
6 The
Administration of a Party to the present Convention which allows application of
paragraph 4, or suspends, withdraws or declines the application of that
paragraph, to a ship entitled to fly its flag shall forthwith communicate to
the Organization for circulation to the Parties to the present Protocol
particulars thereof, for their information.
Regulation 20
Attained Energy Efficiency Design Index
(Attained EEDI)
1 The attained
EEDI shall be calculated for:
.1
each new ship;
.2
each new ship which has undergone a major conversion; and
.3
each new or existing ship which has undergone a major conversion, that is so
extensive that the ship is regarded by the Administration as a newly
constructed ship which falls into one or more of the categories in regulations
2.25 to 2.35. The attained EEDI shall be specific to each ship and shall
indicate the estimated performance of the ship in terms of energy efficiency,
and be accompanied by the EEDI technical file that contains the information
necessary for the calculation of the attained EEDI and that shows the process
of calculation. The attained EEDI shall be verified, based on the EEDI
technical file, either by the Administration or by any organization3
duly authorized by it.
2 The attained
EEDI shall be calculated taking into account guidelines4 developed
by the Organization.
___________________
3 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.
4 Guidelines
on the method of calculation of the Energy Efficiency Design Index for new
ships.
Regulation 21
Required EEDI
1 For each:
.1
new ship;
.2
new ship which has undergone a major conversion; and
.3
new or existing ship which has undergone a major conversion that is so
extensive that the ship is regarded by the Administration as a newly
constructed ship
which falls into
one of the categories defined in regulation 2.25 to 2.31 and to which this
chapter is applicable, the attained EEDI shall be as follows:
Attained EEDI ≤ Required EEDI
= (1-X/100) x Reference line value
where X is the reduction factor specified in Table 1 for the required
EEDI compared to the EEDI Reference line.
2 For each new and
existing ship that has undergone a major conversion which is so extensive that
the ship is regarded by the Administration as a newly constructed ship, the
attained EEDI shall be calculated and meet the requirement of paragraph 21.1
with the reduction factor applicable corresponding to the ship type and size of
the converted ship at the date of the contract of the conversion, or in the
absence of a contract, the commencement date of the conversion.
Table 1.
Reduction factors (in percentage) for the EEDI relative to the EEDI Reference
line
Ship Type |
Size |
Phase 0 1 Jan 2013 – 31 Dec 2014 |
Phase 1 1 Jan 2015 – 31 Dec 2019 |
Phase 2 1 Jan 2020 – 31 Dec 2024 |
Phase 3 1 Jan 2025 and onwards |
Bulk carrier |
20,000 DWT and above |
0 |
10 |
20 |
30 |
|
10,000 – 20,000 DWT |
n/a |
0-10* |
0-20* |
0-30* |
Gas carrier |
10,000 DWT and above |
0 |
10 |
20 |
30 |
|
2,000 – 10,000 DWT |
n/a |
0-10* |
0-20* |
0-30* |
Tanker |
20,000 DWT and above |
0 |
10 |
20 |
30 |
|
4,000 – 20,000 DWT |
n/a |
0-10* |
0-20* |
0-30* |
Container ship |
15,000 DWT and above |
0 |
10 |
20 |
30 |
|
10,000 – 15,000 DWT |
n/a |
0-10* |
0-20* |
0-30* |
Ship Type |
Size |
Phase 0 1 Jan 2013 – 31 Dec 2014 |
Phase 1 1 Jan 2015 – 31 Dec 2019 |
Phase 2 1 Jan 2020 – 31 Dec 2024 |
Phase 3 1 Jan 2025 and onwards |
General Cargo ships |
15,000 DWT and above |
0 |
10 |
15 |
30 |
|
3,000 – 15,000 DWT |
n/a |
0-10* |
0-15* |
0-30* |
Refrigerated cargo carrier |
5,000 DWT and above |
0 |
10 |
15 |
30 |
|
3,000 – 5,000 DWT |
n/a |
0-10* |
0-15* |
0-30* |
Combination carrier |
20,000 DWT and above |
0 |
10 |
20 |
30 |
|
4,000 – 20,000 DWT |
n/a |
0-10* |
0-20* |
0-30* |
_________________
*
Reduction factor to be linearly interpolated between the two values dependent
upon vessel size. The lower value of the reduction factor is to be applied to
the smaller ship size.
n/a means that no
required EEDI applies.
3
The Reference line values shall be calculated as follows:
Reference line
value = a x b -c
where a, b and c
are the parameters given in Table 2.
Table 2.
Parameters for determination of reference values for the different ship types
Ship type defined in regulation 2 |
a |
b |
c |
2.25 Bulk carrier |
961.79 |
DWT of the ship |
0.477 |
2.26 Gas carrier |
1120.00 |
DWT of the ship |
0.456 |
2.27 Tanker |
1218.80 |
DWT of the ship |
0.488 |
2.28 Container ship |
174.22 |
DWT of the ship |
0.201 |
2.29 General cargo ship |
107.48 |
DWT of the ship |
0.216 |
2.30 Refrigerated cargo carrier |
227.01 |
DWT of the ship |
0.244 |
2.31 Combination carrier |
1219.00 |
DWT of the ship |
0.488 |
4 If the design of a
ship allows it to fall into more than one of the above ship type definitions,
the required EEDI for the ship shall be the most stringent (the lowest)
required EEDI.
5 For each ship to
which this regulation applies, the installed propulsion power shall not be less
than the propulsion power needed to maintain the manoeuvrability of the ship
under adverse conditions as defined in the guidelines to be developed by the
Organization.
6 At the beginning
of Phase 1 and at the midpoint of Phase 2, the Organization shall review the
status of technological developments and, if proven necessary, amend the time
periods, the EEDI reference line parameters for relevant ship types and
reduction rates set out in this regulation.
Regulation 22
Ship Energy Efficiency Management Plan (SEEMP)
1 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).
2 The SEEMP shall
be developed taking into account guidelines adopted by the Organization.
Regulation 23
Promotion of technical co-operation and
transfer of technology relating to the improvement of energy efficiency of
ships
1 Administrations
shall, in co-operation with the Organization and other international bodies,
promote and provide, as appropriate, support directly or through the
Organization to States, especially developing States, that request technical
assistance.
2 The
Administration of a Party shall co-operate actively with other Parties, subject
to its national laws, regulations and policies, to promote the development and
transfer of technology and exchange of information to States which request
technical assistance, particularly developing States, in respect of the
implementation of measures to fulfil the requirements of chapter 4 of this
annex, in particular regulations 19.4 to 19.6."
23 A new appendix VIII is
added at the end of the Annex as follows:
Issued under the provisions of the Protocol of 1997, as amended by
resolution MEPC.203(62), to amend the International Convention for the
Prevention of Pollution by Ships, 1973, as modified by the Protocol of 1978
related thereto (hereinafter referred to as "the Convention") under
the authority of the Government of: