The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 (S.I. 2008/2924) to give domestic effect to the following resolutions of the Marine Environment Protection Committee of the International Maritime Organization—

• MEPC.258(67), which came into force on 1st March 2016, so far as it relates to the definition of fuel oil;

• MEPC.286(71), which came into force on 1st January 2019, relating to the designation of the Baltic Sea and the North Sea Emission Control Areas for NO_X Tier III control and information to be included in bunker delivery notes;

• MEPC.301(72), which came into force on 1st September 2019, so far as it relates to Emission Control Areas;

• MEPC.305(73), which came into force on 1st March 2020, relating to the carriage of non-compliant fuel oil for combustion purposes for propulsion or operation on board a ship;

• MEPC.316(74), which came into force on 1st October 2020, so far as it relates to electronic record books.

These resolutions amend Annex VI (Regulations for the Prevention of Air Pollution from Ships) to the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocols of 1978 and 1997. The Convention and its Protocols and Annexes may be obtained in copy from the International Maritime Organization (IMO) at 4 Albert Embankment, London SE1 7SR and are available on the Foreign and Commonwealth Office (FCO) treaties database. The text of IMO resolutions amending the Convention and its Protocols and Annexes may be obtained from the IMO or can be found on the FCO treaties database.

Future amendments to the Convention, its Protocols and Annexes may be obtained in copy from the IMO and, after coming into force in the United Kingdom, found on the FCO treaties database. Until such publication is made on the FCO treaties database, an amendment will be available from the Maritime and Coastguard Agency and on https://www.gov.uk. An amendment will be publicised in advance of its in-force date by means of a Parliamentary Statement to both Houses of Parliament and by way of a Marine Guidance Note, which will be available in copy from the Agency and on https://www.gov.uk.

The FCO treaties database can be found at https://treaties.fco.gov.uk/responsive/app/consolidatedSearch/.

Regulation 2 makes corresponding amendments to regulations 2(1) (interpretation), 3 (application and exemptions), 21 (nitrogen oxides) and 25 (fuel oil quality) of the 2008 Regulations; and to Schedules 2 (engines excluded from regulation 21) and 2A (sulphur oxides) to the 2008 Regulations.

Regulation 2 also amends regulation 32(1) (offences) of the 2008 Regulations to enable more effective enforcement action to be taken against owners, managers and demise charterers (as well as the masters of ships) in respect of certain existing offences and to create new offences in respect of the new requirements.

Finally, regulation 2 inserts a new regulation 2A into the 2008 Regulations to make ambulatory provision (within the meaning of section 306A of the Merchant Shipping Act 1995) in relation to references in the 2008 Regulations to the Convention, including its Annexes. This will facilitate the implementation of subsequent amendments to the Convention, by reducing the need for domestic legislation. In consequence, Schedule 3 (information to be included in a bunker delivery note) of the 2008 Regulations has been revoked.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this instrument onwww.legislation.gov.uk.