from or through the atmosphere, in conformity with all relevant international rules and
standards concerning the safety of air navigation.
41
2.2 MARPOL Annex VI
Annex VI of MARPOL embodies the commitment of states, through the IMO, to
implementing UNCLOS Art. 212(3) above, which calls for establishing “global and
regional rules, standards and recommended practices and procedures to prevent,
reduce and control” air pollution from ships. As mentioned earlier, MARPOL Annex
VI aims to achieve this by limiting exhaust gases (sulphur oxide (SOx) and nitrous
oxide (NOx)) and other ozone depleting substances as well as controlling greenhouse gas (GHG) emissions (mainly carbon dioxide (CO 2 ), among others). Annex
VI was adopted at IMO in 1997 and entered into force on 19 May 2005.
42 MARPOL
Annex VI, as amended, contains 4 chapters and a section of appendices. Chapter I
(General) specifies the ships to which the regulations apply, then provides relevant
definitions, exceptions and exemptions, and equivalents.
Chapter II (Survey, certification, and means of control) establishes initial,
renewal, intermediate, annual, and additional surveys. The surveys are undertaken
“to ensure that the equipment, systems, fittings, arrangements and material fully
comply with the applicable requirements”
43 of Annex VI and should lead to the
issuance of the International Air Pollution Prevention Certificate,
44 International
Energy Efficiency Certificate,
45 and Statement of Compliance—Fuel Oil Consumption Reporting. Chapter II also contains Regulations 10 and 11 on port state control
on operational requirements, detection of violations, and enforcement already
presented in the previous section of this paper.
Chapter III (Requirements for control of emissions from ships) prohibits installations that contain ozone depleting substances or hydro-chlorofluorocarbons on
board ships, depending on their date of construction, through Regulation
12 (Ozone depleting substances). Regulation 13 (Nitrogen Oxides (NOx)) provides
for progressive tiered reductions in NO x emissions from marine diesel engines
depending on the date these engines were installed on ships. It also provides for
the testing, survey, and certification of marine diesel engines for compliance with
relevant emission values of NOx by reference to the mandatory NOx Technical Code
2008. Regulation 13 also introduces the designated the emission control areas
41 UNCLOS, Article 222.
42 IMO (2019c).
43 MARPOL, Annex VI, Regulation 5.
44 For ships of 400 gross tonnage and all platforms and drilling rigs.
45 For ships of 400 gross tonnage.
Air Pollution, Climate Change, and Port State Control
533
standards concerning the safety of air navigation.
41
2.2 MARPOL Annex VI
Annex VI of MARPOL embodies the commitment of states, through the IMO, to
implementing UNCLOS Art. 212(3) above, which calls for establishing “global and
regional rules, standards and recommended practices and procedures to prevent,
reduce and control” air pollution from ships. As mentioned earlier, MARPOL Annex
VI aims to achieve this by limiting exhaust gases (sulphur oxide (SOx) and nitrous
oxide (NOx)) and other ozone depleting substances as well as controlling greenhouse gas (GHG) emissions (mainly carbon dioxide (CO 2 ), among others). Annex
VI was adopted at IMO in 1997 and entered into force on 19 May 2005.
42 MARPOL
Annex VI, as amended, contains 4 chapters and a section of appendices. Chapter I
(General) specifies the ships to which the regulations apply, then provides relevant
definitions, exceptions and exemptions, and equivalents.
Chapter II (Survey, certification, and means of control) establishes initial,
renewal, intermediate, annual, and additional surveys. The surveys are undertaken
“to ensure that the equipment, systems, fittings, arrangements and material fully
comply with the applicable requirements”
43 of Annex VI and should lead to the
issuance of the International Air Pollution Prevention Certificate,
44 International
Energy Efficiency Certificate,
45 and Statement of Compliance—Fuel Oil Consumption Reporting. Chapter II also contains Regulations 10 and 11 on port state control
on operational requirements, detection of violations, and enforcement already
presented in the previous section of this paper.
Chapter III (Requirements for control of emissions from ships) prohibits installations that contain ozone depleting substances or hydro-chlorofluorocarbons on
board ships, depending on their date of construction, through Regulation
12 (Ozone depleting substances). Regulation 13 (Nitrogen Oxides (NOx)) provides
for progressive tiered reductions in NO x emissions from marine diesel engines
depending on the date these engines were installed on ships. It also provides for
the testing, survey, and certification of marine diesel engines for compliance with
relevant emission values of NOx by reference to the mandatory NOx Technical Code
2008. Regulation 13 also introduces the designated the emission control areas
41 UNCLOS, Article 222.
42 IMO (2019c).
43 MARPOL, Annex VI, Regulation 5.
44 For ships of 400 gross tonnage and all platforms and drilling rigs.
45 For ships of 400 gross tonnage.
Air Pollution, Climate Change, and Port State Control
533