RESOLUTION MEPC.278(70)
(Adopted on 28 October 2016)
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
Amendments to MARPOL Annex VI
(Data
collection system for fuel oil consumption of ships)
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 conferred upon it by international conventions for the
prevention and control of marine pollution from ships,
NOTING article 16 of the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocols of 1978
and 1997 relating thereto (MARPOL), which specifies the amendment procedure and
confers upon the appropriate body of the Organization the function of
considering and adopting amendments thereto,
HAVING CONSIDERED, at its seventieth session, proposed amendments
to MARPOL Annex VI concerning the data collection system for fuel oil
consumption,
1 ADOPTS, in
accordance with article 16(2)(d) of MARPOL, amendments to MARPOL 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 MARPOL, that the amendments shall be
deemed to have been accepted on 1 September 2017 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% 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 MARPOL, the
said amendments shall enter into force on 1 March 2018 upon their acceptance in
accordance with paragraph 2 above;
4 INVITES FURTHER
the Parties to consider the application of the aforesaid amendments to Annex VI
of MARPOL as soon as possible to ships entitled to fly their flag;
5 ENCOURAGES the
Organization to establish as soon as possible the IMO Ship Fuel Oil Consumption
Database;
6 REQUESTS the
Secretary-General, for the purposes of article 16(2)(e) of MARPOL, to transmit
certified copies of the present resolution and the text of the amendments
contained in the annex to all Parties to MARPOL;
7 REQUESTS FURTHER
the Secretary-General to transmit copies of the present resolution and its
annex to Members of the Organization which are not Parties to MARPOL.
ANNEX
AMENDMENTS TO MARPOL ANNEX VI
(Data collection system for fuel oil consumption of ships)
ANNEX VI
REGULATIONS FOR THE PREVENTION OF AIR POLLUTION FROM SHIPS
Regulation 1
Application
1 The reference to
"regulations 3, 5, 6, 13, 15, 16, 18, 19, 20, 21 and 22" is replaced
with "regulations 3, 5, 6, 13, 15, 16, 18, 19, 20, 21, 22 and 22A".
Regulation 2
Definitions
2 After existing paragraph 47, new
paragraphs 48, 49 and 50 are added as follows:
"48
Calendar year means the
period from 1 January until 31 December inclusive.
49 Company
means the owner of the ship or any other organization or person such as the
manager, or the bareboat charterer, who has assumed the responsibility for
operation of the ship from the owner of the ship and who on assuming such
responsibility has agreed to take over all the duties and responsibilities
imposed by the International Management Code for the Safe Operation of Ships
and for Pollution Prevention, as amended.
50 Distance
travelled means distance travelled over ground."
Regulation 3
Exceptions and exemptions
3 In the chapeau of
paragraph 2, between existing sentences 2 and 3, a new sentence is added as
follows:
"A permit issued under this regulation shall not exempt a
ship from the reporting requirement under regulation 22A and shall not alter
the type and scope of data required to be reported under regulation 22A."
Regulation 5
Surveys
4 At the end of
paragraph 4.3, after the words "on board", new text is added as
follows:
"and for a ship to which regulation 22A applies, has been
revised appropriately to reflect a major conversion in those cases where the
major conversion affects data collection methodology and/or reporting processes"
and the word "and" following the semicolon at the end of
the paragraph is deleted.
5 In paragraph
4.4, the full stop at the end of the paragraph is replaced by ";
and".
6 After the
existing paragraph 4.4, a new paragraph 4.5 is added as follows:
".5 The
Administration shall ensure that for each ship to which regulation 22A applies,
the SEEMP complies with regulation 22.2 of this Annex. This shall be done prior
to collecting data under regulation 22A 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 6
Issue or endorsement of
Certificates and Statements of Compliance related to fuel oil consumption
reporting
7 In the title of
regulation 6, the words "and Statements of Compliance related to fuel oil
consumption reporting" are inserted following the word
"Certificates".
8 After existing
paragraph 5, new paragraphs 6 and 7 are added as follows:
"Statement of Compliance – Fuel Oil Consumption Reporting
6 Upon receipt of
reported data pursuant to regulation 22A.3 of this Annex, the Administration or
any organization duly authorized by it* shall determine whether the data has
been reported in accordance with regulation 22A of this Annex and, if so, issue
a Statement of Compliance related to fuel oil consumption to the ship no later
than five months from the beginning of the calendar year. In every case, the Administration
assumes full responsibility for this Statement of Compliance.
7 Upon receipt of
reported data pursuant to regulations 22A.4, 22A.5 or 22A.6 of this Annex, the
Administration or any organization duly authorized by it* shall promptly
determine whether the data has been reported in accordance with regulation 22A
and, if so, issue a Statement of Compliance related to fuel oil consumption to
the ship at that time. In every case, the Administration assumes full
responsibility for this Statement of Compliance."
_________________________
* 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 8
Form of Certificates and
Statements of Compliance related to fuel oil consumption reporting
9 In the title of
regulation 8, the words "and Statements of Compliance related to fuel oil
consumption reporting" are inserted following the word
"Certificates".
10 After existing
paragraph 2, a new paragraph 3 is added as follows:
"Statement of Compliance – Fuel Oil Consumption Reporting
3 The Statement of
Compliance pursuant to regulations 6.6 and 6.7 of this Annex shall be drawn up
in a form corresponding to the model given in appendix X 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
Certificates and Statements of Compliance related to fuel oil consumption
reporting
11 In the title of
regulation 9, the words "and Statements of Compliance related to fuel oil
consumption reporting" are inserted following the word
"Certificates".
12 After existing
paragraph 11, a new paragraph 12 is added as follows:
"Statement of Compliance – Fuel Oil Consumption Reporting
12 The Statement of
Compliance pursuant to regulation 6.6 of this Annex shall be valid for the
calendar year in which it is issued and for the first five months of the
following calendar year. The Statement of Compliance pursuant to regulation 6.7
of this Annex shall be valid for the calendar year in which it is issued, for
the following calendar year, and for the first five months of the subsequent
calendar year. All Statements of Compliance shall be kept on board for at least
the period of their validity."
Regulation 10
Port State control on
operational requirements
13 In paragraph 5, the
words "Statement of Compliance related to fuel oil consumption reporting
and" are inserted before the words "International Energy Efficiency
Certificate".
Regulation 22
Ship Energy Efficiency
Management Plan (SEEMP)
14 After existing
paragraph 1, a new paragraph 2 is inserted as follows and the existing
paragraph 2 is renumbered as paragraph 3:
"2 On or before 31
December 2018, 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 22A.1 of this Annex and the processes
that will be used to report the data to the ship's Administration."
15 After existing
regulation 22, a new 22A is inserted as follows:
"Regulation 22A Collection and reporting of ship fuel oil
consumption data
1 From calendar year
2019, each ship of 5,000 gross tonnage and above shall collect the data
specified in appendix IX to this Annex, for that and each subsequent calendar
year or portion thereof, as appropriate, according to the methodology included
in the SEEMP.
2 Except as provided
for in paragraphs 4, 5 and 6 of this regulation, at the end of each calendar
year, the ship shall aggregate the data collected in that calendar year or
portion thereof, as appropriate.
3 Except as provided
for in paragraphs 4, 5 and 6 of this regulation, within three months after the
end of each calendar year, the ship shall report to its Administration or any
organization duly authorized by it*, the aggregated value for each datum
specified in appendix IX to this Annex, via electronic communication and using
a standardized format to be developed by the Organization†.
4 In the event of the
transfer of a ship from one Administration to another, the ship shall on the
day of completion of the transfer or as close as practical thereto report to
the losing Administration or any organization duly authorized by it*, the
aggregated data for the period of the calendar year corresponding to that
Administration, as specified in appendix IX to this Annex and, upon prior
request of that Administration, the disaggregated data.
5 In the event of a
change from one Company to another, the ship shall on the day of completion of
the change or as close as practical thereto report to its Administration or any
organization duly authorized by it*, the aggregated data for the portion of the
calendar year corresponding to the Company, as specified in appendix IX to this
Annex and, upon request of its Administration, the disaggregated data.
6 In the event of
change from one Administration to another and from one Company to another
concurrently, paragraph 4 of this regulation shall apply.
7 The data shall be
verified according to procedures established by the Administration, taking into
account guidelines to be developed by the Organization.
8 Except as provided
for in paragraphs 4, 5 and 6 of this regulation, the disaggregated data that
underlies the reported data noted in appendix IX to this Annex for the previous
calendar year shall be readily accessible for a period of not less than 12
months from the end of that calendar year and be made available to the
Administration upon request.
9 The Administration
shall ensure that the reported data noted in appendix IX to this Annex by its
registered ships of 5,000 gross tonnage and above are transferred to the IMO
Ship Fuel Oil Consumption Database via electronic communication and using a
standardized format to be developed by the Organization not later than one
month after issuing the Statements of Compliance of these ships.
10 On the basis of the
reported data submitted to the IMO Ship Fuel Oil Consumption Database, the
Secretary-General of the Organization shall produce an annual report to the
Marine Environment Protection Committee summarizing the data collected, the
status of missing data, and such other relevant information as may be requested
by the Committee.
_____________________________
* 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.
† Refer to the 2016 Guidelines for
the development of a Ship Energy Efficiency Management Plan (SEEMP
Guidelines) (resolution MEPC.282(70)).
11 The Secretary-General
of the Organization shall maintain an anonymized database such that
identification of a specific ship will not be possible. Parties shall have
access to the anonymized data strictly for their analysis and consideration.
12 The IMO Ship Fuel Oil
Consumption Database shall be undertaken and managed by the Secretary-General
of the Organization, pursuant to guidelines to be developed by the
Organization."
16 After existing appendix VIII, new
appendices IX and X are inserted as follows:
"Appendix IX
Information to be submitted to the IMO Ship Fuel Oil Consumption
Database
Identity of the ship
IMO number
Period of calendar year for which the data is submitted
Start date (dd/mm/yyyy)
End date (dd/mm/yyyy)
Technical characteristics of the ship
Ship type, as defined in regulation 2 of this Annex or other (to
be stated)
Gross tonnage (GT)1
Net tonnage (NT)2
Deadweight tonnage (DWT)3
Power output (rated power4) of main and auxiliary
reciprocating internal combustion engines over 130 kW (to be stated in kW)
EEDI (if applicable)
Ice class5
Fuel oil consumption, by fuel oil type6 in metric
tonnes and methods used for collecting fuel oil consumption data
Distance travelled
Hours underway
_____________________
1 Gross tonnage should be calculated in
accordance with the International Convention on Tonnage Measurement of Ships,
1969.
2 Net tonnage should be calculated in
accordance with the International Convention on Tonnage Measurement of Ships,
1969. If not applicable, note "N/A".
3 DWT means the difference in tonnes
between the displacement of a ship in water of relative density of 1025 kg/m3
at the summer load draught and the lightweight of the ship. The summer load
draught should be taken as the maximum summer draught as certified in the
stability booklet approved by the Administration or an organization recognized
by it.
4 Rated power means the maximum continuous
rated power as specified on the nameplate of the engine.
5 Ice class should be consistent with the
definition set out in the International Code for ships operating in polar
waters (Polar Code), (resolutions MEPC.264(68) and MSC.385(94)). If not applicable, note
"N/A".