The IMO-Norway GreenVoyage2050 Project has released an updated version of its clause-by-clause analysis of MARPOL Annex VI, which addresses air pollution from ships.
The document
provides a breakdown explanation of each regulation and it is intended to be a
useful resource for countries seeking to draft legislation to incorporate
MARPOL Annex VI into national law.
Most notably,
these include regulations relating to the Energy Efficiency Existing Ship Index
(EEXI) and the Carbon Intensity Indicator (CII), and reflects the renumbering
of provisions in the 2021 Revised MARPOL Annex VI, set out in Resolution
MEPC.328(76) which is applicable from 1 November 2022.
The requirements
do not apply to ships solely engaged in voyages in national waters, however,
each Party to MARPOL Annex VI should ensure, by the adoption of appropriate
measures, that such ships are constructed and act in a manner consistent with
the requirements of chapter 4, so far as is reasonable and practicable. The
requirements do not apply to ships not propelled by mechanical means, platforms
and drilling rigs, regardless of their propulsion.
Some ships with
non-conventional propulsion (that is ships which have diesel-electric
propulsion, turbine propulsion or hybrid propulsion systems) are excluded from
the requirements of regulations 22 to 25 of MARPOL Annex VI. See regulation
19.3 of MARPOL Annex VI for ships exempted from certain provisions under
chapter 4 only.
There are also
limited exceptions for which the Administration may waive the requirement to
comply with the Attained and Required Energy Efficiency Design Index
(regulations 22 and 24). This is not applicable if the ship’s building contract
is placed or the keel is laid (or similar stage of construction) on or after 1
July 2017 or if the delivery is on or after 1 July 2019. Major conversion of a
new or existing ship is treated in a similar manner. Details of any waivers are
required to be communicated by the ship’s flag State Administration to IMO for
circulation to the Parties to MARPOL Annex VI.
Collection and
reporting of ship fuel oil consumption data
This regulation
applies to each ship of 5,000 gross tonnage and above and places an obligation
on the operator of the ship to collect data related to fuel oil consumption as
specified in appendix IX to MARPOL Annex VI, for the calendar year 2019 and
each subsequent calendar year or portion thereof, as appropriate, according to
the methodology included in the SEEMP.
This data is
required to be sent by the ship to its flag State Administration, which upon
verification, will issue to the ship a Statement of Compliance related to fuel
oil consumption reporting. The Party to MARPOL Annex VI is obligated to transfer
to the IMO Ship Fuel Oil Consumption Database the reported data on fuel oil
consumption supplied to it by its registered ships within a month of the
issuance to the Statement of Compliance.
Operational carbon
intensity
This regulation
applies to every ship of 5,000 gross tonnage and above and requires that each
ship calculate the attained annual operational carbon intensity indicator
(CII), after the end of calendar year 2023 and after the end of each following
calendar year. The regulation also establishes the method of determining the
required annual operational CII, and operational carbon intensity rating (A to
E), taking into account the guidelines developed by the IMO2.
Where a ship is
found not to have achieved the required operational carbon intensity rating
then it is required to develop a plan of corrective action within the ship’s
SEEMP, subject to verification, to achieve the required annual operational CII.
Fuel oil
availability and quality
This regulation
places an obligation on Parties to regulate fuel oil suppliers within their
jurisdiction through the competent authorities of the State.
Regulation 18.1
requires Parties to take “all reasonable steps” to promote the availability of
compliant fuel oil and to inform IMO of such availability. However, subject to
the needs and requirements of the maritime sector of the country, this need not
be addressed in the national legislation itself and may be provided in
administrative procedures.
Importantly, to
enable enforcement action against foreign registered ships entering ports
and/or territorial waters of the Party, obligations are also placed on Parties
to take action against ships which do not use compliant fuel oil, while fuel
oil delivered to and used on board ships should meet the standards laid down in
regulation 18.3 of MARPOL Annex VI. The obligation to report instances of
non-compliant fuel to other Parties and to take action when reports are
received is also set out in the regulation.
Ships subject to
regulations 5 and 6 of MARPOL Annex VI are also required to record the details
of the fuel oil delivered to and used on board in a Bunker Delivery Note (BDN)
including the sulphur content of the fuel oil. The BDN is to be provided to the
ship by the local fuel oil supplier (regulation 18.9 of MARPOL Annex VI) and
that the BDN contains at least the information specified in appendix V to
MARPOL Annex VI. The BDN has to be retained onboard for three years after the
fuel was delivered onboard.
Regulation
18.8.2 identifies the requirement to use the verification procedure set out in
appendix VI to MARPOL Annex VI for analysing fuel oil samples delivered to the
ship. Reference to this verification procedure set out in appendix VI should be
made in the relevant national legislation as this is the international standard
for fuel oil testing for ships trading internationally.
Regulation 18.9
also requires the Party to ensure that it designates an appropriate authority
or agency to carry out the registration and control of local suppliers of fuel
oil.
Δεν υπάρχουν σχόλια:
Δημοσίευση σχολίου