Annex VI of MARPOL - Regulations for the prevention of air pollution from ships
Marine Notice 11/2004
The purpose of this Marine Notice is to advise all ship owners, operators and service providers of the pending entry into force of international regulations relating to the prevention of air pollution from ships, and actions currently being taken in Australia to give effect to these regulations.
The new regulations are contained in Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL). Annex VI will enter into force internationally on 19 May 2005 and apply immediately in the 15 countries that have already ratified the Annex. A listing of these countries is available at the International Maritime Organization (IMO) web site (www.imo.org), follow the link to Conventions.
The position in Australia is that Commonwealth and State/NT governments have agreed that Australia should implement Annex VI, initially through amendments to the Commonwealth Protection of the Sea (Prevention of Pollution from Ships) Act 1983. This legislation is expected to be passed during 2005, meaning Annex VI is likely to enter into force for Australia after the date of international entry into force. A further Marine Notice will be issued when the exact date of entry into force for Australia is known.
Annex VI includes several standard MARPOL provisions, such as survey and certification requirements relating to the issue of an International Air Pollution Prevention Certificate. These certificates will be required for ships of 400 gross tonnage and above engaged in international voyages and will be examined during port State control inspections. Ships constructed before 19 May 2005 will need to be issued with a certificate no later than the first scheduled dry-docking after 19 May 2005 and no later than 19 May 2008.
The Annex sets limits on emissions of nitrogen oxides (NOx) from diesel engines with a power output exceeding 130 kW and sulphur content in ships bunker fuel. The NOx regulation has retrospective application from 1 January 2000. A mandatory NOx Technical Code, developed by IMO, defines how this is to be done.
The sulphur content of any fuel oil used on board ships is not to exceed 4.5%m/m. However, the Convention provides for “emission control areas” where sulphur content will be limited to 1.5%m/m unless ships are fitted with an approved exhaust gas cleaning system. The Baltic Sea is currently designated as an emission control area. Requirements regarding sulphur oxides (SOx) emissions in emission control areas will be enforced 12 months after entry into force of Annex VI or designation of any new areas.
Fuel suppliers will be required to record details of fuel oil for combustion purposes delivered to ships of 400 gross tonnage and above engaged in international voyages by means of a bunker delivery note containing information set out in the regulations.
Fuel suppliers must retain a copy of the bunker delivery note for at least three years, and will also be required to provide a representative fuel sample on completion of bunkering. AMSA has recently contacted suppliers in Australian ports to ensure appropriate mechanisms will be in place prior to international entry into force.
Ships must retain the fuel sample on board for at least 12 months and until the fuel is substantially consumed. The bunker delivery note must be retained on board the ship for three years after delivery of fuel.
Shipboard incinerators installed on board ships on or after 1 January 2000 will be required to have an IMO type approval certificate. Over 70 incinerators have been approved by IMO (see IMO document MEPC.5/Circ 7, copy available by emailing email).
The equipment listed in the circular has been approved in accordance with Appendix 2 to Resolution MEPC.59(33), Standard Specification for Shipboard Incinerators. Revised specifications have been adopted as Resolution MEPC.76(40), and clarification should be sought from the manufacturer that new incinerators will comply with the revised specifications. The regulations prohibit incineration of polychlorinated biphenyls, garbage containing more than traces of heavy metals and refined petroleum products containing halogen compounds and cargo residues as specified in Annexes I, II and III of MARPOL73/78.
Annex VI prohibits deliberate emissions of ozone-depleting substances, which include halons and CFCs. The regulations prohibit new installations containing ozone-depleting substances on all ships. However, new installations containing hydro chloro-fluorocarbons (HCFCs) are permitted until 1 January 2020.
It is expected that AMSA will delegate the survey and certification function for Australian ships to the recognised classification societies when implementing legislation comes into effect. In the interim, the recognised classification societies may issue a certificate of compliance where requested by an Australian shipowner/operator.
Inspection and compliance measures for all ships entering Australian ports will be carried out by AMSA as part of its normal port and flag State control activities. These arrangements will be based on IMO Guidelines.
Ship owners, suppliers and service providers should refer to the text of Annex VI for full details on requirements and exemptions. Hard copies may be purchased from Boat Books Australia Pty Ltd (ph 02 9439 1133), Boat Books and Charts Australia (ph 03 9525 3444) or Hunter Publications (ph 03 9417 5361) or the International Maritime Organization (www.imo.org).
Clive Davidson
Chief Executive Officer
20 September 2004
Australian Maritime Safety Authority
GPO Box 2181
CANBERRA ACT 2601
File No: 001309
Term of Validity: Temporary
Internet address for all current Marine Notices: www.amsa.gov.au