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.
The revised clause-by-clause analysis has been updated to reflect major amendments to MARPOL Annex VI, which were adopted by the IMO Marine Environment Protection Committee (MEPC) at its 76th session in June 2021.
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.
At IMO, we know how vital it is that all countries can access information about environmental regulations that will aid them in understanding it as well as drafting legislation for their national laws. Our original clause-by-clause analysis was designed to facilitate greater transparency and understanding of MARPOL Annex VI and we are very pleased to release this updated version of this important resource
Minglee Hoe, IMO GreenVoyage2050 Project Technical Analyst said.
Ms. How further added that “this analysis can assist developing countries in their efforts to strengthen their legal framework by developing robust legislation for implementation and enforcement of the international instrument.”
Regulations on the carbon intensity of international shipping
The regulations in this chapter apply to all ships of 400 gross tonnage and above unless where otherwise indicated.
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.
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