(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Council Directive 1999/12/EC, relating to a reduction in the sulphur content of certain liquid fuels is implemented in other Member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before 16th December 2019.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Permission to use emission abatement methods

Issue of IEE certificates by a Certifying Authority

11A

(1) Subject to the payment of the prescribed fee, on being notified by a surveyor that the surveyor—

(a) has carried out an initial survey, or a general or partial survey, in respect of a ship to which this regulation applies, and

(b) is satisfied at the date of the survey that—

(i) the ship’s attained EEDI is in accordance with Chapter 4 of Annex VI; and

(ii) the ship’s SEEMP is on board,

a Certifying Authority must issue an IEE Certificate in respect of that ship.

(1A) Where an IEE Certificate has been issued under paragraph (1) before 24th April 2023, the Certifying Authority must report the attained EEDI and required EEDI for the ship to the IMO by 1st August 2023.

(1B) Where an IEE Certificate has been issued under paragraph (1) on or after 24th April 2023, the Certifying Authority must report the attained EEDI and required EEDI for the ship to the IMO within seven months of the surveyor’s notification.

(1C) Subject to the payment of the prescribed fee, on being notified by a surveyor that the surveyor—

(a) has carried out an annual survey, intermediate survey or renewal survey, in respect of a ship to which this regulation applies; and

(b) is satisfied at the date of the survey that—

(i) the ship’s attained EEXI has not previously been calculated and recorded in an IEE Certificate,

(ii) the ship’s attained EEXI is in accordance with Chapter 4 of Annex VI, and

(ii) the ship’s SEEMP is on board,

a Certifying Authority must either issue an IEE Certificate in respect of that ship if it does not already hold a valid IEE Certificate, or update the ship’s existing IEE Certificate.

(2) Where the conditions in paragraphs (3) and (4) are met a Certifying Authority must issue an IEE Certificate in respect of a ship.

(3) The first condition is that the ship has become a ship to which this regulation applies on transfer from the flag of another Contracting Government.

(4) The other conditions are—

(a) an IEE Certificate has been issued in respect of the ship and was still valid immediately before the date of transfer,

(b) the Certifying Authority has caused a survey to be carried out in respect of the ship, and

(i) in the case of a ship for which the attained EEDI was required to be calculated by Chapter 4 of Annex VI, the ship’s attained EEDI is in accordance with Chapter 4 of Annex VI;

(ia) in the case of a ship for which the attained EEXI was required to be calculated by Chapter 4 of Annex VI, the ship’s attained EEXI is in accordance with Chapter 4 of Annex VI;

(ii) the ship’s SEEMP is on board; and

(iii) no change has been made to the equipment, systems, fittings, arrangements or material covered by the last survey carried out under regulation 5.4 of Annex VI without the approval of the Contracting Government in question.

(5) An IEE Certificate issued under this regulation must be in English and in the form set out in Appendix VIII to Annex VI.

(6) In this regulation—

“attained EEDI” means the Attained Energy Efficiency Design Index relating to a ship calculated in accordance with Regulation 22 of Annex VI;

“attained EEXI” means the Attained Energy Efficiency Existing Ship Index relating to a ship calculated in accordance with Regulation 23 of Annex VI;

“general or partial survey” means a survey required by paragraph 4.2 of Regulation 5 of Annex VI;

“initial survey” means a survey required by paragraph 4.1 of Regulation 5 of Annex VI;

“required EEDI” means the Required Energy Efficiency Design Index relating to a ship calculated in accordance with Regulation 24 of Annex VI.

Issue of IAPP Certificates by another Government in respect of United Kingdom ships

Issue of IEE Certificates by another government in respect of United Kingdom ships

12A

(1) The Secretary of State may request a Contracting Government—

(a) to survey a ship to which this regulation applies, and

(b) to—

(i) issue, or authorise the issue of, or

(ii) endorse, or authorise the endorsement of,

an IEE Certificate, in accordance with the requirements of Annex VI, in respect of that ship if the Contracting Government is satisfied that the ship complies with the requirements of Annex VI.

(2) Where an IEE Certificate is issued pursuant to paragraph (1)—

(a) the Secretary of State is to be treated as the Certifying Authority in relation to it, and

(b) any reference in these Regulations to the Certifying Authority that issued the certificate is to be treated as a reference to the Secretary of State.

Issue of IAPP Certificates in respect of ships which are not United Kingdom ships

Issue of IEE Certificates in respect of ships which are not United Kingdom ships

13A

(1) When requested to do so by a Contracting Government, the Secretary of State—

(a) may cause a survey to be carried out in respect of a ship to which this regulation applies, and

(b) must, subject to the payment of the prescribed fee, issue in respect of that ship an IEE Certificate, or endorse the IEE Certificate, in accordance with the requirements of Annex VI, if the Secretary of State is satisfied that the requirements of Annex VI are complied with.

(2) An IEE Certificate issued pursuant to paragraph (1) must—

(a) be in English in the form set out in Appendix VIII to Annex VI,

(b) contain a statement that it has been so issued, and

(c) have the same effect as if it had been issued by the Contracting Government who made the request referred to in paragraph (1) and not by the Secretary of State.

(3) The Secretary of State must send, as soon as possible, to the Contracting Government who made the request referred to in paragraph (1) a copy of—

(a) the IEE Certificate issued pursuant to that paragraph, and

(b) the survey report.

(4) The Secretary of State must not issue an IEE Certificate in respect of a ship which—

(a) is registered in a country whose Government is not a Contracting Government, or

(b) is not so registered, but is entitled to fly the flag of a country whose Government is not a Contracting Government.

Duration and validity of appropriate certificates

Extension of periods of validity of appropriate certificates

Procedure to be adopted when a ship is deficient

Arbitration

Miscellaneous provisions relating to appropriate certificates

Prohibition on non United Kingdom ships proceeding to sea without an IAPP Certificate

Prohibition on non United Kingdom ships proceeding to sea without an IEE Certificate

19A

(1) A ship to which this regulation applies must not proceed to sea from a port in the United Kingdom on or at any time after the date specified in paragraph (2), unless the requirements set out in paragraph (3) are met.

(2) The date applicable to the ship is—

(a) the date of the ship’s initial survey,

(b) the date of any general or partial survey of the ship, or

(c) in a case where sub-paragraph (a) does not apply and no such general or partial survey has been carried out, the date of the ship’s first annual survey, first intermediate survey or first renewal survey,

Energy efficiency of ships

25A

(1) A SEEMP is a plan that meets the requirements of Regulation 26 of Annex VI and relevant IMO Guidelines.

(2) Each ship to which this regulation applies must have a SEEMP which is specific to that ship.

(3) The SEEMP must be kept on board the ship at all times.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 — Collection and reporting of fuel consumption data and operational carbon intensity

Interpretation

1

Expressions used in this Schedule have the same meanings as in Annex VI and “CII regulated ship” means any of the following types of ship—

(a) a bulk carrier;

(b) a combination carrier;

(d) a cruise passenger ship;

(e) a gas carrier;

(f) a general cargo ship;

(g) a LNG carrier;

(h) a refrigerated cargo carrier;

(i) a ro-ro cargo ship;

(j) a ro-ro cargo ship (vehicle carrier)

(k) a ro-ro passenger ship;

(l) a tanker;

but not a category A ship as defined in the Polar Code.

Application

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ship Energy Efficiency Management Plan

3

A ship’s SEEMP must include a description of the methodology that will be used to collect the data required by Regulation 27.1 of Annex VI which will be used to report the data to a Certifying Authority.

4

The methodology referred to in paragraph 3 and 3A must be approved by a Certifying Authority before the submission of the data.

Collection and reporting of ship fuel oil consumption data

5

The owner of a ship must collect the data, specified in Appendix IX of Annex VI, for each year or part of a year, as appropriate, according to the methodology included in the SEEMP. The owner must submit the data to a Certifying Authority for verification in accordance with the ship’s SEEMP.

Verification of Data

6

Upon receipt of the data collected pursuant to paragraph 5 the Certifying Authority must determine whether the data has been reported in accordance with Regulation 27 of Annex VI.

Statement of Compliance

7

The Certifying Authority must issue a Statement of Compliance no later than five months after the beginning of the year in which the data were reported if—

(a) it is satisfied that the fuel oil consumption data have been reported in accordance with Regulation 27 of Annex VI.

(b) in cases where paragraph 6D applies, it is satisfied that the revised SEEMP meets the requirements of paragraph 6D(a).

8

The Statement of Compliance must be drawn up in accordance with the form in Appendix X to Annex VI.

9

The Statement of Compliance is valid for the year in which it is issued and for the first five months of the following year.

Statement of Compliance to be kept on Board Ship

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reporting of Data

11

The owner of a ship must report the data that has been verified in accordance with paragraph 6 to the MCA.

Ambulatory reference

2A

(1) Any reference in these Regulations to the Convention, an Annex to the Convention, the Polar Code or relevant IMO Guidelines is to be construed—

(a) as a reference to the Convention, an Annex to the Convention, the Polar Code or relevant IMO Guidelines as modified from time to time; and

(b) as, if the Convention, an Annex to the Convention, the Polar Code or relevant IMO Guidelines are replaced, a reference to the replacement.

(2) for the purposes of paragraph (1)—

(a) the Convention, an Annex to the Convention or the Polar Code is modified or replaced if a modification or replacement takes effect in accordance with Article 16 (amendments) of the Convention;

(b) relevant IMO Guidelines are modified or replaced if a modification or replacement takes effect in accordance with the 1948 Convention on the International Maritime Organisation.

(3) A modification or replacement of the Convention, and Annex to the Convention or the Polar Code has effect at the time such modification or replacement comes into force in accordance with Article 16 of the Convention.

(4) A modification or replacement of relevant IMO Guidelines has effect at the time such modification or replacement comes into force in accordance with the terms of the Resolution of the Maritime Environment Protection Committee of the IMO under which it is adopted.

Application and exemptions

Equivalents

1A

Regulation 21(4D) does not apply to a marine diesel engine which is installed on a ship which—

(a) is constructed before 1st January 2021 and—

(i) is specifically designed and used solely for recreational purposes;

(ii) has a hull length of 24 metres or over; and

(iii) is less than 500 GT; or

(b) has a combined nameplate propulsion power of less than 750 kW, if it is demonstrated to the satisfaction of the Secretary of State that the ship cannot comply with regulation 21(4D) because of design or construction limitations.

Schedule 2ZA — Emissions exempted from regulation 21(4D)

1

If the conditions set out in paragraph 2 are satisfied, no account may be taken when applying regulation 21(4D) of any emission from an engine which occurs during the relevant period specified in paragraph 3—

(a) following the building and sea trials of a newly constructed ship; or

(b) before and after conversion, repair or maintenance of a ship fitted with or maintenance or repair of—

(i) an engine certified to the emission standard in regulation 21(4B); or

(ii) a dual fuel engine during any period when gas fuel or gas cargo may not be carried on board in order to comply with applicable safety requirements.

2

Paragraph 1 only applies if—

(a) the engine in question is certified to the emission standard in regulation 21(4B); and

(b) the ship in question—

(i) proceeds to or from the relevant shipyard or other repair facility by the most direct route;

(ii) does not load or unload cargo during the occurrence of the emission in question;

(iii) complies with any routing directions of the port State in which that shipyard or other facility is located.

3

For the purpose of paragraph 1, the relevant period is—

(a) in the case of paragraph 1(a), the period beginning when the ship is delivered from the relevant shipyard, including sea trials and ending when the ship—

(i) leaves the emission control area in which that shipyard is located by the most direct route; or

(ii) if fitted with a dual fuel engine, proceeds to the nearest appropriate gas fuel bunkering facility by the most direct route;

(b) in the case of paragraph 1(b)(i), the period beginning when the ship enters the emission control area in which the relevant shipyard or other repair facility is located and ending when the ship—

(i) is released from that shipyard or facility; or

(ii) if sea trials are applicable, leaves that area by the most direct route after performing those trials;

(i) enters the emission control area in which the relevant shipyard or other repair facility is located; or

(ii) is degassed in that area and proceeds to that shipyard or other facility by the most direct route,

and ending when the ship—

(iii) leaves that area by the most direct route after being released from that shipyard or other facility; or

(iv) proceeds to the nearest appropriate gas fuel bunkering facility by the most direct route.

Maximum content of fuel oil used by ships at berth ...

Requirement for IEE Certificate

11ZA

(1) A ship to which this regulation applies must not—

(a) be put into service, or

(b) if it is already in service, continue in service,

Issue of IEE certificates by a Certifying Authority

Issue of IAPP Certificates by another Government in respect of United Kingdom ships

Issue of IEE Certificates by another government in respect of United Kingdom ships

Issue of IAPP Certificates in respect of ships which are not United Kingdom ships

Issue of IEE Certificates in respect of ships which are not United Kingdom ships

Duration and validity of IEE Certificates

13B

(1) Subject to paragraph (2), an IEE Certificate issued in respect of a ship to which regulation 11A applies remains valid throughout the life of the ship.

(2) The Secretary of State may cancel an IEE Certificate issued in respect of a ship to which regulation 11A applies where—

(a) the Secretary of State has reason to believe that the IEE Certificate was issued on false or erroneous information;

(b) the ship has been withdrawn from service;

(d) the ship has transferred to the flag of another State; or

(e) since the completion of any of the surveys referred to in regulation 11A(1)(a) or (1C)(a) the ship’s equipment, systems, fittings, arrangements or material covered by the survey have been changed without the express approval of the Secretary of State.

(3) The Secretary of State may require that an IEE Certificate issued in respect of a ship to which regulation 11A applies and which has been cancelled, is to be surrendered within such time and in such manner as the Secretary of State may direct.

(4) In relation to a ship to which regulation 11A applies, no person may—

(a) intentionally alter an IEE Certificate other than in accordance with these Regulations;

(b) intentionally make a false IEE Certificate;

(c) knowingly or recklessly provide false information in connection with a survey required under regulation 11A(1)(a) or (1C)(a);

(d) with intent to deceive, use or lend an IEE Certificate or permit an IEE Certificate to be used by another person;

(e) fail to surrender an IEE Certificate where required to do so pursuant to paragraph (3); or

(f) in Scotland, forge an IEE Certificate.

Duration and validity of appropriate certificates

Extension of periods of validity of appropriate certificates

Procedure to be adopted when a ship is deficient

Arbitration

Miscellaneous provisions relating to appropriate certificates

Prohibition on non United Kingdom ships proceeding to sea without an IAPP Certificate

Prohibition on non-United Kingdom ships proceeding to sea without an IEE Certificate

Collection and reporting of fuel consumption data and carbon intensity index

25B

(1) The owner and master of a ship in respect of which a Statement of Compliance has been issued and to which this regulation applies, must ensure that the Statement of Compliance is readily available on board the ship for inspection for a period of 5 years after the date it was issued.

(2) Schedule 4 (collection and reporting of fuel consumption data and carbon intensity index) has effect.

3A

Where a ship is a CII regulated ship the ship’s SEEMP must also include—

(a) a description of the methodology that will be used to calculate the ship’s attained annual operational CII in accordance with Regulation 28 of Annex VI and the process that will be used to report this value to the Certifying Authority,

(b) the required annual operational CII, as determined in accordance with Regulation 28 of Annex VI, for the next 3 years,

(c) an implementation plan documenting how the required annual operational CII will be achieved during each of the next 3 years, and

(d) a procedure for self-evaluation and improvement.

Collection and reporting of ship fuel oil consumption data

Verification of Data

Operational carbon intensity indicator

6A

The owner of a CII regulated ship must use the data collected in accordance with paragraph 5, to calculate the attained annual operational CII of the ship for the preceding calendar year, taking into account the relevant IMO Guidelines.

6B

The owner of a CII regulated ship must report its attained annual operational CII to a Certifying Authority by 31st March of the year following the year to which the data relate.

6C

Upon receipt of the attained annual operational CII, the Certifying Authority must, taking into account the relevant IMO Guidelines—

(a) verify that the attained annual operational CII reported is based on the data submitted in accordance with Regulation 27 of Annex VI, and

(b) based on the verified attained annual operational CII, determine the operational carbon intensity rating of the ship in accordance with Regulation 28.6 of Annex VI.

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