(ECAs) or so-called nitrogen emission control areas (NECAs).
46 Regulation 14 (Sulphur Oxides (SOx) and particulate matter) sets out the general requirement that the
sulphur content of any fuel oil used on board ships shall not exceed 0.50% m/m on
and after 1 January 2020. It also sets out the more stringent standard of 0.10% m/m
on and after 1 January 2015 for ships navigating within specified ECAs or so-called
SECAs.
47 Regulation 15 (Volatile organic compounds (VOCs)) obliges states that
regulate tanker VOC emissions in their ports to do so within the framework of the
regulation. Regulation 16 (Shipboard incineration) provides that shipboard incineration shall be allowed only in a shipboard incinerator and prohibits the incineration
of specified substances. Regulation 17 (Reception facilities) obliges states to ensure
their ports make available facilities adequate to receive ozone depleting substances
and exhaust gas cleaning residues from ships using their repair ports and shipbreaking facilities.
Regulation 18 (Fuel oil availability and quality) requires states to “take all
reasonable steps to promote the availability of fuel oils which comply with this
Annex and inform the Organization of the availability of compliant fuel oils in its
ports and terminals.”
48 It also entitles the port state to require a ship found to be
non-compliant with fuel oils standards to present a record of the actions taken to
attempt to achieve compliance and provide evidence that it attempted to purchase
compliant fuel oil in accordance with its voyage plan. This exercise is necessary for a
state to determine the appropriate action to take, if deemed necessary. In terms of
quality, Reg. 18 requires that fuel oil for combustion purposes delivered to and used
on board ships be free of inorganic acid or any added substance or chemical waste
that is harmful to personnel, or contributes overall to additional air pollution.
Chapter IV (Regulations on energy efficiency for ships) comprises amendments
to MARPOL Annex VI adopted in July 2011 for the reduction of GHG emissions
from ships. It requires technical measures through the Energy Efficiency Design
Index (EEDI) for new ships and operational measures through the Ship Energy
Efficiency Management Plan (SEEMP) for all ships.
49 The ship’s EEDI come in two
components, the attained EEDI (Regulation 20) and the required EEDI (Regulation
21). The attained EEDI is calculated for each individual ship “and shall indicate the
estimated performance of the ship in terms of energy efficiency”
50 while the required
EEDI is a reference value that represents the highest value of EEDI allowable for a
46 ECA means an area where the adoption of more stringent mandatory measures for emissions from
ships is required to prevent, reduce and control air pollution from NOx or SOx and particulate
matter or all three types of emissions. An area that imposes only special NOx requirements, and
regular standards for the other two emission types, is often referred to as a NECA.
47 Sulphur emission control area, i.e., an area that imposes only special SOx requirements, and
regular standards for the other two emission types.
48 MARPOL, Annex VI, Regulation 18.
49 Rony et al. (2019), p. 5; Karim (2015), p. 109.
50 MARPOL, Annex VI, Regulation 20.
534
M. Q. Mejia, Jr.
46 Regulation 14 (Sulphur Oxides (SOx) and particulate matter) sets out the general requirement that the
sulphur content of any fuel oil used on board ships shall not exceed 0.50% m/m on
and after 1 January 2020. It also sets out the more stringent standard of 0.10% m/m
on and after 1 January 2015 for ships navigating within specified ECAs or so-called
SECAs.
47 Regulation 15 (Volatile organic compounds (VOCs)) obliges states that
regulate tanker VOC emissions in their ports to do so within the framework of the
regulation. Regulation 16 (Shipboard incineration) provides that shipboard incineration shall be allowed only in a shipboard incinerator and prohibits the incineration
of specified substances. Regulation 17 (Reception facilities) obliges states to ensure
their ports make available facilities adequate to receive ozone depleting substances
and exhaust gas cleaning residues from ships using their repair ports and shipbreaking facilities.
Regulation 18 (Fuel oil availability and quality) requires states to “take all
reasonable steps to promote the availability of fuel oils which comply with this
Annex and inform the Organization of the availability of compliant fuel oils in its
ports and terminals.”
48 It also entitles the port state to require a ship found to be
non-compliant with fuel oils standards to present a record of the actions taken to
attempt to achieve compliance and provide evidence that it attempted to purchase
compliant fuel oil in accordance with its voyage plan. This exercise is necessary for a
state to determine the appropriate action to take, if deemed necessary. In terms of
quality, Reg. 18 requires that fuel oil for combustion purposes delivered to and used
on board ships be free of inorganic acid or any added substance or chemical waste
that is harmful to personnel, or contributes overall to additional air pollution.
Chapter IV (Regulations on energy efficiency for ships) comprises amendments
to MARPOL Annex VI adopted in July 2011 for the reduction of GHG emissions
from ships. It requires technical measures through the Energy Efficiency Design
Index (EEDI) for new ships and operational measures through the Ship Energy
Efficiency Management Plan (SEEMP) for all ships.
49 The ship’s EEDI come in two
components, the attained EEDI (Regulation 20) and the required EEDI (Regulation
21). The attained EEDI is calculated for each individual ship “and shall indicate the
estimated performance of the ship in terms of energy efficiency”
50 while the required
EEDI is a reference value that represents the highest value of EEDI allowable for a
46 ECA means an area where the adoption of more stringent mandatory measures for emissions from
ships is required to prevent, reduce and control air pollution from NOx or SOx and particulate
matter or all three types of emissions. An area that imposes only special NOx requirements, and
regular standards for the other two emission types, is often referred to as a NECA.
47 Sulphur emission control area, i.e., an area that imposes only special SOx requirements, and
regular standards for the other two emission types.
48 MARPOL, Annex VI, Regulation 18.
49 Rony et al. (2019), p. 5; Karim (2015), p. 109.
50 MARPOL, Annex VI, Regulation 20.
534
M. Q. Mejia, Jr.