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MERCHANT SHIPPING NOTICE MSN ________________________________________________________________ THE MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION FROM SHIPS) REGULATIONS 2005 Notice to Shipowners, Charterers, Managers, Shipbuilders, Engine Manufacturers, Fuel Suppliers and Ship’s Officers Schedules attached to this Notice and the regulations referred to in the Schedules are those referred to in the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005 ________________________________________________________________ Summary The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005 implement the 1997 Protocol to the International Convention on the Prevention of Pollution from Ships (MARPOL 73/78). The 1997 Protocol provides for the establishment of International Regulations for the Prevention of Air Pollution from Ships by adding a new Annex VI to MARPOL 73/78. Annex VI comprises 19 Regulations and includes a Technical Code on the Control of Emissions of Nitrogen Oxides from Marine Diesel Engines (NOx Technical Code). DEFINITIONS In this Notice, except where the context otherwise requires:- Baltic Sea Area means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57°44.8’N. Continuous feed means the process whereby waste is fed into a combustion chamber without human assistance while the incinerator is in normal operating conditions with the combustion chamber operative temperature between 850°C and 1200°C. Emission means any release of substances, subject to control by the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005 from ships into the atmosphere or sea. New installations means the installation of systems, equipment, including new portable fire-extinguishing units, insulation, or other material on a ship after 19th May 2005, but excludes repair or recharge of previously installed systems, equipment, insulation, or other material, or recharge of portable fire-extinguishing units. The North Sea area means all sea areas within the following boundaries (including the North Sea proper and the English Channel and its approaches)- To the north, the boundary constituted by the 62° N parallel from Norway westwards to 4° W meridian and thence southwards to Scotland. To the east, boundary constituted by the parallel 48° 30’ N from France westwards to 5° W Meridian and thence northwards to England. NOx Technical Code means the Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines adopted by Conference resolution 2 and includes any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice. Ozone-depleting substances means controlled substances defined in paragraph 4 of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987 and listed in Appendix 3 of this MSN. Ozone-depleting substances that may be found on board ship include, but are not limited to: Halon 1211 Bromochlorodifluoromethane Halon 1301 Bromotrifluoromethane Halon 2402 1,2-Dibromo-1,1,2,2-tetrafluoroethane (also known as Halon 114B2) CFC-11 Trichlorofluoromethane CFC-12 Dichlorodifluoromethane CFC-113 1,1,2-Trichloro-1,2,2-trifluoroethane CFC-114 1,2-Dichloro-1,1,2,2-tetrafluoroethane CFC-115 Chloropentafluoroethane Sludge oil means sludge from the fuel or lubricating oil separators, waste lubricating oil from main or auxiliary machinery, or waste oil from bilge water separators, oil filtering equipment or drip trays. Shipboard incineration means the incineration of wastes or other matter on board a ship, if such wastes or other matter were generated during the normal operation of that ship. Shipboard incinerator means a shipboard facility designed for the primary purpose of incineration. Ships constructed means ships the keels of which are laid or which are at a similar stage of construction. SOx emission control area means an area where the adoption of special mandatory measures for SOx emissions from ships is required to prevent, reduce and control air pollution from SOx and its attendant adverse impacts on land and sea areas. SOx emission control areas shall include those listed in Schedule 4 of this Merchant Shipping Notice. Substantial modification of a marine diesel engine means: 1 . For engines installed on ships constructed on or after 1 January 2000, any modification to an engine that could potentially cause the engine to exceed the emission standards set out in Regulation 12 of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005. Routine replacement of engine components by parts specified in the technical file that do not alter emission characteristics shall not be considered a ``substantial modification'' regardless of whether one part or many parts are replaced. 2. For engines installed on ships constructed before 1 January 2000, any modification made to an engine which increases its existing emission characteristics established by the simplified measurement method, as out lined in schedule 3 of the MSN, in excess of the allowances set out in 6.3.11 of the NOx Technical Code. These changes include, but are not limited to, changes in its operations or in its technical parameters (e.g., changing camshafts, fuel injection systems, air systems, combustion chamber configuration, or timing calibration of the engine). Tanker means (a) an oil tanker being a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers and a chemical tanker referred to in sub-paragraph (b) when it is carrying a cargo or part cargo of oil in bulk; and (b) a chemical tanker being a ship constructed or adapted primarily to carry a cargo of noxious liquid substances in bulk and includes an oil tanker referred to in sub-paragraph (a) when carrying a cargo or part cargo of noxious liquid substances in bulk. Oil record book means the oil record book required by regulation 10 of the Merchant Shipping (Prevention of Pollution) Regulations 1999. Fuel oil supplier means the supplier of fuel oil to the local supplier of fuel oil; Fuel oil supplier’s representative means the person appointed by a fuel oil supplier to provide a declaration that the fuel oil supplied is in conformity with regulation 13 (2) or 13 (2) (a) and regulation 16(2) 16 (3) of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005; Local supplier of fuel oil means the person who receives the fuel oil from the fuel oil suppler; Local supplier’s representative means the person who delivers the fuel oil to the ship on behalf of the local supplier of fuel oil; The Protocol of 1997 means the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 relating thereto; Nitrogen oxide (NOx) emissions means the total emission of nitrogen oxides, calculated as the total weighted emission of NO2 and determined using the relevant test cycles and measurement methods as specified in the NOx Technical Code. Components mean those interchangeable parts which influence the NOx emissions performance, identified by their design and or parts number; Setting means adjustment of an adjustable feature influencing the NOx emissions performance of an engine; Operating values means engine data, such as cylinder peak pressure, exhaust gas temperature, etc., from the engine log which are related to the NOx emission performance. These data are load-dependent. EIAPP Certificate means the Engine International Air Pollution Prevention Certificate which relates to NOx emissions. IAPP Certificate means a certificate entitled the International Air Pollution Prevention Certificate issued in accordance with the Convention. On-board NOx verification procedures mean a procedure, which may include an equipment requirement, to be used on board at initial certification survey or at the renewal and intermediate surveys, as required, to verify compliance with any of the requirements of the NOx Technical Code, as specified by the engine manufacturer and approved by the Certifying Authority. Marine diesel engine means any reciprocating internal-combustion engine operating on liquid or dual fuel, to which regulations 5, 6 and 13 the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005 apply, including booster and compound systems if applied. Rated power means the maximum continuous rated power output as specified on the nameplate and in the technical file of the marine diesel engine to which regulation 13 of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005 and the NOx Technical Code apply. Rated speed means the crankshaft revolutions per minute at which the rated power occurs as specified on the nameplate and in the technical file of the marine diesel engine. Technical file means a record containing all details of parameters, including components and settings of an engine, which may influence the NOx emission of the engine, in as detailed in Schedule 3 of this MSN. Record book of engine parameters means the document for recording all parameter changes, including components and engine settings, which may influence NOx emission of the engine. UKAPP certificate means a certificate entitled the United Kingdom Air Pollution Prevention Certificate issued by a certifying authority and evidencing compliance with the Merchant Shipping (Prevention of Pollution) Regulations 2005. Surveyor means a surveyor appointed by a Certifying Authority. SCHEDULE 1 SURVEY Regulation 8 of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005 makes provision for the issue of an International Air Pollution Prevention (IAPP) Certificate to any ship of 400 GT or more engaged on international voyages. It also requires an offshore installation to have an IAPP Certificate when engaged on voyages to waters under the sovereignty or jurisdiction of another Party to the 1997 Protocol. These certificates will be issued after survey by a certifying authority in accordance with regulations 5, 6 and 7 of these regulations. In keeping with MCA procedures and practice for United Kingdom ships of 400 GT or more engaged exclusively on domestic voyages, provision will be made for the issue of United Kingdom Air Pollution Prevention (UKAPP) Certificates. For ships constructed before entry into force of the 1997 Protocol 1997, the IAPP certificate shall be issued no later than the first scheduled dry-docking after May 19 2005, but in no case later than May 19 2008. Information on the survey of diesel engines for NOx compliance and the issue of an EIAPP certificate as required by the NOx technical Code is contained in schedule 3 of this MSN. A copy of the EIAPP is contained in Appendix 6 of this MSN Information on the survey and approval of incinerators as required by regulation 15 of the Merchant Shipping (Prevention of Pollution) Regulations 2005 is contained in schedule 6 of this MSN. Information on the survey and approval of exhaust gas cleaning systems and their related waste streams as required 13 of the Merchant Shipping (Prevention of Pollution) Regulations 2005 by is contained in schedule 4 of this MSN. Information on the survey and approval of vapour emission control system as required by regulation 14 of the Merchant Shipping (Prevention of Pollution) Regulations 2005 by is contained in schedule 5 of this MSN. SCHEDULE 2 OZONE-DEPLETING SUBSTANCES Any deliberate emissions of ozone-depleting substances listed in Appendix 3 of this MSN (except for the purpose of securing the safety of the ship, saving life at sea or an emission resulting from damage to the ship or its equipment as provided for in regulation 3 of the Merchant shipping (Prevention of Pollution) Regulations 2005) is prohibited. This will include any deliberate emissions occurring in the course of maintaining, servicing, repairing or disposing of systems or equipment but does not include minimal releases associated with the recapture or recycling of an ozone-depleting substance. Regulation 11 of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005 requires that no new installations containing ozone-depleting substances are fitted on ships except in the case of new installations containing hydro-chlorofluorocarbons (HCFCs) which are permitted until 1 January 2015. When removed from a ship any ozone depleting substances (listed in Appendix 3 to this MSN) and equipment containing these substances must be delivered to an appropriate reception facility as detailed in schedule 7 of this MSN.