Questions and answers

The key proposed changes in the Marine order 97 (Marine pollution prevention – air pollution) 2022 are, from the date the order takes effect, anticipated to be on 1 January 2023: 

• a diesel engine with a power output of more than 130 kW installed on an existing or new DCV will be required to have an engine international air pollution prevention (EIAPP) certificate and associated technical file.
• an existing diesel engine with a power output of more than 130 kW already installed on DCVs will not require an EIAPP certificate. However, if a DCV proceeds on an overseas voyage, it will no longer be a DCV. All vessels proceeding on an international voyage (for example to undertake maintenance, or on a delivery voyage), will be required to have an EIAPP certificate and associated technical file for each diesel engine with a power output of more than 130 kW installed on the vessel. 
• diesel engine suppliers will be required to provide an EIAPP certificate and the technical file with any new diesel engine—with a power output of more than 130 kW—sold for installation on a DCV. 
• people carrying out a major conversion of a diesel engine with a power output of more than 130 kW for use on a DCV, will be required to supply an EIAPP certificate and the technical file for that converted engine.
• vessels of 400 gross tonnage and above proceeding on an overseas voyage (for example to undertake maintenance, or on a delivery voyage), will be required to hold an international energy efficiency (IEE) certificate and an international air pollution prevention (IAPP) certificate.  
• deliberate emissions of ozone depleting substances (for example certain refrigerants) from DCVs, RAVs, foreign vessels and all recreational vessels will be prohibited.
• When records for using ozone depleting substances are required to be kept, electronic record books will be an option. This option will also be available for NOx emission and fuel oil change over records when applicable
• Requirements for local fuel oil suppliers will be made more consistent with MARPOL Annex VI and the Pollution Prevention Act.

Refer to the change summary for greater detail. (PDF 632.26 KB) [1]

The proposed changes to Marine order 97 (Marine pollution prevention – air pollution) 2013 (MO97) address the following issues:

• In 2018, amendments were made that resulted in unintentional errors. These amendments inadvertently introduced requirements for domestic commercial vessels (DCVs) and recreational vessels operating within Australian waters to have international air pollution prevention (IAPP) and international energy efficiency (IEE) certificates irrespective of vessel size and type of voyage. The amendments also inadvertently introduced a requirement for all vessels to hold an engine international air pollution prevention (EIAPP) certificate for each diesel engine installed on them irrespective of the power output of the engine.

This has created confusion for industry, including for the application of these requirements and the compliance options available, resulting in unnecessary regulatory burdens for vessel operators.

• A recent International Maritime Organization (IMO) resolution MEPC.286(71) needs to be implemented in Australia through domestic regulation. This resolution has amended MARPOL Annex VI to allow exemption for regulated Australian vessels (RAVs) and recreational vessels with Australian nationality having engines complying with TIER II NOx requirements (engine emission standards) to enter and exit TIER III NOx control areas under specified conditions.
• DCV owners and operators have identified challenges meeting the NOx emissions requirements, including not being aware of the requirements when purchasing a new engine, and the difficulty and cost of obtaining an EIAPP certificate and technical file retrospectively.

The consultation closes on 20 March 2022 with the new order intended to be implemented on 1 January 2023.

An EIAPP certificate and supporting technical file provide empirical evidence that an engine complies with the relevant NOx emission standards set by International Maritime Organization (IMO) which is applicable to Australian vessels under international treaty obligations.  

An EIAPP certificate is issued to a marine diesel engine following successful testing and survey, in line with the NOx Technical Code (PDF ) [2] developed by IMO. 

Each EIAPP certificate comes with a supplementary technical file containing details on:  

• engine components  
• settings that influence NOx emissions 
• allowable engine adjustments 
• on-board NOx verification procedures. 

The information contained in the EIAPP certificate and technical file is important for compliance purposes and must be kept on board with the engine throughout its life on the vessel. 

The IMO has implemented the global NO emissions requirement through Regulation 13 of Annex VI [3] of the International Convention for the Prevention of Pollution from Ships (MARPOL). 

Australia implements the NOx emissions standards through the Navigation Act 2012 and Marine order 97. The NOx emission requirements have applied to Australian vessels—including DCVs—since 2007.  

Currently Marine order 503 provides requirements related to NOx emissions for DCVs. When the new Marine order 97 comes into force, these requirements will be removed from Marine order 503 and Marine order 97 will be the one stop shop for NOx related requirements for DCVs.

Regulation 13 of MARPOL Annex VI [3] requires every marine diesel engine (both propulsion and non-propulsion eg cranes) with a power output of more than 130 kW to meet NOx emission limits. The NOx emission limits are tiered (Tier I, II and III) based on the ships’ construction date, major conversion date and areas of operation.  

The emission limits have applied since 2007 to all Australian vessels with a marine diesel engine that has a power output greater than 130kW.  

An EIAPP certificate and associated technical file are internationally recognised documents that demonstrate an engine complies with the NOx emission limits.  

The EIAPP certificate is issued to a marine diesel engine following successful testing and survey, in line with the NOx Technical Code. The information contained in the EIAPP certificate and technical file is important for compliance purposes. It has been mandatory since 2007 that these documents be kept on board Australian vessels, including DCV’s.   

A DCV intending to undertake an overseas voyage (for example, for dry-docking, or on a delivery voyage) will not be a DCV on that voyage. It must carry these documents for each installed engine with a power output of more than 130kW. Vessels travelling overseas may be subject to port State control inspections in foreign ports, and penalties or punishment may occur if these documents are not kept on board. As such, having this mandatory documentation may improve the resale of your vessel, particularly if you want to sell your vessel overseas.  

Exemption 44—Marine Safety (Domestic commercial vessels – EIAPP certificate) Exemption 2021—applies to engines installed on DCV’s before 31 December 2022, on the condition that: 

• the engine is not modified from the original equipment manufacturer tested configuration, and  
• a copy of the acceptable alternative evidence is available on board for inspection by AMSA or a marine safety inspector. 

The exemption does not apply to vessels on overseas voyages. Vessels built overseas and delivered under their own propulsion as a Regulated Australian Vessel (RAV) or intending to undertake an overseas voyage (for example, for dry-docking) must carry on board an EIAPP certificate and technical file for each installed engine with a power output of more than 130kW. 

Exemption 44 will be in place until the new Marine order 97 comes into force, expected to be on 1 January 2023

When the new marine order comes into effect, Exemption 44 [4] (Domestic commercial vessels—EIAPP certificate) will be repealed.

An EIAPP certificate will be required for new engines, and engines that have undergone a major conversion, that have a power output above 130kW, which are installed on or after 1 January 2023. Suppliers of new engines will be required to supply the EIAPP certificate with the purchased engine.

The NOx emission limits came into force in Australia in 2007 and do not apply to vessels constructed prior to that time - except when the engine has been replaced with a non-identical engine or has since undergone a major conversion.  

Tier I NOx emission limits apply to marine diesel engines installed on an Australian vessel constructed between 10 November 2007 and 1 January 2011, as well as existing engines that underwent a major conversion during this time. 

Since 1 January 2011, marine diesel engines installed on vessels constructed after this date and existing engines that undergo a major conversion from this date have been required to meet the less polluting Tier II limits (except where the engine is an identical replacement of a pre-2011 engine).

Tier III-compliant engines are only required for vessels built after specific dates operating in IMO agreed NOx Emissions Control Areas (NECAs). There are no NECA in Australian waters and no plans to establish a NECA in Australian waters. 

The new requirements will apply to marine diesel engines with a power output over 130kW installed on or after 1 January 2023. This includes engines that are new and engines that have undergone a major conversion. These engines will need to have an EIAPP certificate and supporting technical file.

A major conversion means a modification of a marine diesel engine where:  

• the engine is replaced by a marine diesel engine that is not identical or an additional marine diesel engine is installed; or 
• any substantial modification, as defined in the revised NOx Technical Code 2008 (PDF ) [2], is made to the engine; or 
• the maximum continuous rating of the engine is increased by more than 10% compared to the maximum continuous rating of the original certification of the engine. 

When the new Marine order 97 comes into effect (expected to be on 1 January 2023), new or replacement engines with a power output above 130kW installed on DCVs must comply with the NOx emission standards, and a valid EIAPP certificate and technical file will need to be kept on board.

To make it easier for vessel owners to comply with these requirements, Marine order 97 will require that suppliers of these marine diesel engines provide an EIAPP certificate and technical file for each marine diesel engine with a power output more than 130kw sold for installation in Australia.  

Exemption 44 will be in place until these long-term measures are given effect in the revised Marine order 97, expected to be on 1 January 2023. 

Vessels built overseas and delivered under their own propulsion or intending to undertake an overseas voyage (for example, for dry-docking), must carry on board an EIAPP certificate and technical file for each installed engine with a power output of more than 130kW. There is no exemption from this requirement. 

No, once issued, the EIAPP certificate remains valid for the engine. A foreign ship becoming an DCV will not change this.

Any engine with more than 130 kW power installed on a vessel will need an EIAPP certificate if it is installed after 31 Dec 2022. A DCV under 400GT will not need to be surveyed.

An electronic record book is a record of information in electronic form that is approved by AMSA or an RO.

Marine order 97 requires a Registered Australian Vessel to keep record of ozone depleting substances, NOx emitted by the vessel and fuel oil change overs. These records have traditionally been kept on paper books. The new Marine order 97 will allow vessel operators to keep necessary records electronically if they wish. However, this does not apply to DCVs.