Jurisdiction: United Kingdom

Commencement: 24th April 2023

Amends: The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008
Mini Summary

The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 apply a series of internationally agreed technical standards to UK flagged vessels and foreign flagged vessels, which aim to reduce air pollution from shipping. Measures are brought in to increase energy efficiency and reduce greenhouse gas emissions from international shipping.

The International Convention for the Prevention of Pollution from Ships (MARPOL) is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes.

The MARPOL Convention includes Regulations aimed at preventing and minimising pollution from ships, both accidental pollution and that from routine operations, and currently includes six technical Annexes. These Regulations implement Annex VI (Prevention of Air Pollution from Ships), which originally came into force in 2005; a revised version with significantly tightened emissions limits entered into force in 2010.

These Regulations apply a series of internationally agreed technical standards to UK flagged vessels and foreign flagged vessels, which aim to reduce air pollution from ships.

In addition, they also bring in measures to increase energy efficiency and reduce greenhouse gas emissions from international shipping.

These Regulations apply to UK ships wherever they may be and any other ship while it is within UK waters.

Duties
Various duties apply.

 

Amendment

The International Maritime Organisation (IMO) adopted changes to Annex VI of The International Convention for the Prevention of Pollution from Ships (MARPOL) in June 2021. These Regulations implement those changes into UK law, with the aim to monitor carbon intensity of international shipping. Specifically, they require ships over 400 gross tonnes (GT) to adopt new measures to reduce their carbon intensity.

Other technical changes are made to include references to the Polar Code* and IMO guidelines. Any future changes to the Polar Code and IMO Guidelines will automatically be changed within UK law.

*The Polar Code is the IMO international code for ships operating in Polar waters (the North and South Poles), and covers the design, construction and environmental protection matters.

UK ships in international waters and international ships in UK waters must carry on board, and make available upon request:

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Jurisdiction: UK

Commencement: 26 May 2020

Amends: The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018
Mini Summary
The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 implement the revised version of Annex II (Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk) of MARPOL 73/78. The purpose of MARPOL is to protect the marine environment by controlling operational pollution and reducing accidental pollution resulting from groundings and collisions from ships carrying Noxious Liquid Substances (NLS) in bulk.

 
Amendment
Amendments are made to correct an error in the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 (the ‘2018 Regulations’). The prohibition on the discharge of noxious liquid substances* causing pollution, now applies to UK territorial waters and controlled waters**.

Previously, the 2018 Regulations only applied to the UK’s territorial waters. This reduced the UK’s powers to enforce requirements and/or prohibitions in respect of illegal discharge of noxious liquid substances from any ship operating in and around the UK’s controlled waters. Ballast water***, tank washings or other mixture containing a noxious liquid substance are also prohibited from being illegally discharged in and around the UK’s controlled waters.

*Noxious liquid substances are substances that are hazardous to marine and human health. These are categorised in accordance with Regulation 6 of Annex II to the MARPOL Regulations. Noxious liquid substances are divided into 4 categories:

** Controlled waters are waters within the jurisdiction of the UK, and includes:

*** Ballast water is water held in tanks and cargo to help increase stability. Sometimes ballast water can contain sediments.

n.b Although these Regulations are enforced from 1st June 2020, on 1st January 2021new discharge requirements will come into force. This will reduce the quantity of noxious liquid substances that can be legally discharged.

 

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