S.I. No. 596/2011 - Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) (No. 2) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd November, 2011.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 10 , 11 , 12 , 14 , 15 and 17 of the Sea Pollution Act 1991 (No. 27 of 1991) and the Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 ( S.I. No. 842 of 2005 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )) and for the purpose of giving effect to Annex VI to the MARPOL Convention, hereby make the following regulations:

1. (1) These Regulations may be cited as the Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) (No. 2) Regulations 2011.

(2) These Regulations shall come into operation on 1 February 2012.

2. The Schedule to the Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2010 ( S.I. No. 313 of 2010 ) is amended by substituting for—

“2.3.1 When the ship operates within an Emission Control Area specified in regulation 14.3, the ship uses:

.1 fuel oil with a sulphur content that does not exceed the applicable limit value as documented by bunker delivery notes; or......................................

.2 an equivalent arrangement approved in accordance with regulation 4.1 as listed in 2.6..............”

the following:

“2.3.1 When the ship operates outside of an Emission Control Area specified in regulation 14.3, the ship uses:

1. fuel oil with a sulphur content as documented by bunker delivery notes that does not exceed the limit value of:

• 4.50% m/m (not applicable on or after 1 January 2012);..............

or

• 3.50% m/m (not applicable on or after 1 January 2020);..............

or

• 0.50% m/m..............

and/or

2. an equivalent arrangement approved in accordance with regulation 4.1 as listed in 2.6 that is at least as effective in terms of SOx emission reductions as compared to using a fuel oil with a sulphur content limit value of:

• 4.50% m/m (not applicable on or after 1 January 2012);..............

or

• 3.50% m/m (not applicable on or after 1 January 2020);..............

or

• 0.50% m/m..............

2. 3.2 When the ship operates inside an Emission Control Area specified in regulation 14.3, the ship uses:

1. fuel oil with a sulphur content as documented by bunker delivery notes that does not exceed the limit value of:

• 1.00% m/m (not applicable on or after 1 January 2015);..............

or

• 0.10% m/m..............

and/or

2. an equivalent arrangement approved in accordance with regulation 4.1 as listed in 2.6 that is at least as effective in terms of SOx emission reductions as compared to using a fuel oil with a sulphur content limit value of:

• 1.00% m/m (not applicable on or after 1 January 2015);..............

or

• 0.10% m/m..............”.

GIVEN under my Official Seal,

15 November 2011.

LEO VARADKAR,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2010 ( S.I. No. 313 of 2010 ) on the prevention of air pollution from ships.

The purpose of these Regulations is to provide for an amendment to paragraph 2.3 of the form of Supplement to the International Air Pollution Prevention Certificate.