es

Transcription

1 B271 Merchant Shipping (Prevention of Air Pollution) Regulation Contents Section Page Part 1 Preliminary 1. Commencement...B Interpretation...B Application...B301 Part 2 Ships Engaged in International Voyages Division 1 Application and Requirement for Certificates 4. Application of this Part...B Ships engaged in international voyages to have certain certificates...b Exception to section 5...B307 Division 2 Emission of Ozone Depleting Substances 7. Prohibition on emission of ozone depleting substances...b Installations containing ozone depleting substances prohibited...b309

2 B273 Section Page 9. Delivery of ozone depleting substances to reception facilities...b Duty to maintain list of equipment containing ozone depleting substances...b Duty to maintain Record Book...B Entries in Record Book...B313 Division 3 Emission of Nitrogen Oxides 13. Application of this Division...B Diesel engines must operate within emission limit...b Determination of emission...b315 Division 4 Sulphur Content of Fuel Oil 16. Interpretation...B Sulphur content of fuel oil...b Change-over of fuel oil on entering or leaving SO x Emission Control Area...B317 Division 5 Volatile Organic Compounds 19. Interpretation...B Use of collection system...b Tanker carrying crude oil to have VOC Management Plan...B321 Division 6 Shipboard Incineration 22. Interpretation...B321

3 B275 Section Page 23. Requirements on shipboard incineration for ships within waters of Hong Kong...B Requirements on shipboard incineration for Hong Kong ships outside waters of Hong Kong...B Additional requirements for post-2000 incinerators...b329 Division 7 Fuel Oil Quality 26. Application of this Division...B Fuel oil quality...b331 Division 8 Energy Efficiency Design Index 28. Application of this Division...B Attained Energy Efficiency Design Index...B333 Division 9 Ship Energy Efficiency Management Plan 30. Ship Energy Efficiency Management Plan...B333 Division 10 Offences 31. Offences and penalties...b335 Part 3 Ships Engaged in Non-international Voyages Division 1 Application and Requirement for Certificates 32. Application of this Part...B Ships engaged in non-international voyages to have certain certificates...b Exception to section 33...B339

4 B277 Section Page Division 2 Emission of Ozone Depleting Substances 35. Prohibition on emission of ozone depleting substances...b Installations containing ozone depleting substances prohibited...b Delivery of ozone depleting substances to reception facilities...b Duty to maintain list of equipment containing ozone depleting substances...b Duty to maintain Record Book...B Entries in Record Book...B345 Division 3 Emission of Nitrogen Oxides 41. Application of this Division and interpretation...b Diesel engines installed on ships constructed on or after commencement of this Regulation and certain other diesel engines must operate within emission limits...b Diesel engines installed on ships constructed before commencement of this Regulation and certain other diesel engines must operate within emission limits...b Emission limits in section 42 to prevail...b Determination of emission...b355 Division 4 Sulphur Content of Fuel Oil 46. Sulphur content of fuel oil...b355

5 B279 Section Page Division 5 Volatile Organic Compounds 47. Interpretation...B Use of collection system...b Tanker carrying crude oil to have VOC Management Plan...B359 Division 6 Shipboard Incineration 50. Interpretation...B Requirements on shipboard incineration for ships within waters of Hong Kong...B Requirements on shipboard incineration for Hong Kong ships outside waters of Hong Kong...B Additional requirements for post-2000 incinerators...b365 Division 7 Fuel Oil Quality 54. Application of this Division...B Fuel oil quality...b367 Division 8 Offences 56. Offences and penalties...b369 Part 4 IAPP Certificates, HKAPP Certificates and IEE Certificates Division 1 Application 57. Application of this Part...B373

6 B281 Section Page Division 2 Issue of Certificates 58. Issue of IAPP Certificates...B Issue of HKAPP Certificates...B Issue of IEE Certificates...B375 Division 3 Withdrawal and Cancellation of Certificates 61. Withdrawal of Certificates...B Cancellation of Certificates...B Offences and penalties...b383 Division 4 Duration of Certificates 64. Duration of Certificates...B Duration of specified Certificates issued after renewal surveys...b Duration of specified Certificates after early completion of surveys...b Extension of validity period of specified Certificates in certain circumstances...b387 Division 5 Cessation of Certificates 68. Specified Certificates cease to be valid...b International Energy Efficiency Certificates cease to be valid...b389 Division 6 Form, Alteration and Certified True Copies of Certificates 70. Form of Certificates...B391

7 B283 Section Page 71. Alteration of Certificates...B Certified true copies of Certificates...B391 Division 7 Saving 73. Certificates issued under repealed Regulation to be regarded as Certificates issued under this Regulation...B392 Part 5 Surveys Division 1 Application 74. Application of this Part...B395 Division 2 Surveys in relation to Specified Certificates 75. Initial surveys...b Renewal surveys...b Intermediate surveys...b Annual surveys...b Additional surveys...b Offences and penalties...b407 Division 3 Surveys in relation to IEE Certificates 81. Initial surveys...b Additional survey...b411 Part 6 Other Duties 83. Duty to maintain condition of ships...b413

8 B285 Section Page 84. Certain alterations subject to approval of Director...B Certificates to be kept on board...b Duty to report accidents or defects...b Duty to keep bunker delivery note and representative sample of fuel oil...b Duties of local supplier of fuel oil...b Offences and penalties...b423 Part 7 Powers of Government Surveyors 90. Power to inspect bunker delivery notes, etc....b Power of Government surveyors to inspect, examine etc. ships...b Obstruction and non-compliance with requirements...b Offences and penalties...b433 Part 8 Powers of Director 94. Director may appoint Government surveyors...b Director may recognize organizations to survey ships and issue certificates etc....b Director may request Convention countries to survey Hong Kong ships and issue or endorse certificates...b437

9 B287 Section Page 97. Director may at request of Convention countries survey non-hong Kong ships and issue or endorse certificates...b Director may accept equivalents...b Director may grant exemption...b439 Part 9 Miscellaneous 100. Access to Annex VI and NO x Technical Code...B441

10 Part 1 Section 1 B289 Merchant Shipping (Prevention of Air Pollution) Regulation (Made by the Secretary for Transport and Housing under section 3 of the Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap. 413)) 1. Commencement Part 1 Preliminary This Regulation comes into operation on 1 July Interpretation (1) In this Regulation Administration ( ), in relation to a ship, means the government of any place outside Hong Kong whose flag the ship is entitled to fly; Annex VI ( VI ) means Annex VI to the Convention, entitled Regulations for the Prevention of Air Pollution from Ships, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; anniversary date ( ), in relation to a specified Certificate that is in force in respect of a ship, means the day and month of each year which corresponds to the date of expiry of the Certificate;

11 Part 1 Section 2 B291 Attained EEDI ( ) means the value of the Energy Efficiency Design Index of a ship determined in accordance with Regulation 20 of Annex VI; constructed ( ), in relation to a ship, means having the keel of the ship laid; or being at a stage at which (i) construction identifiable with the ship begins; and (ii) assembly of the ship has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is the less; Convention ( ) means the International Convention for the Prevention of Pollution from Ships, 1973, including its protocols and appendices, and Annex VI (but no other Annex), as from time to time revised or amended by any revision or amendment to any provision of such Convention that applies to Hong Kong; Convention country ( ) means a country which is a party to the Convention; conventional propulsion ( ) means a method of propulsion where a main reciprocating internal combustion engine is the prime mover and coupled to a propulsion shaft either directly or through a gear box; cruise passenger ship ( ) means a cruise passenger ship as defined in Regulation 2 of Annex VI; existing ship ( ) means a ship which is not a new ship; fuel oil ( ), in relation to a ship, means any fuel delivered on board the ship that is intended to be used for combustion purpose for the propulsion or operation of the ship, and includes gas fuel, distillate fuel and residual fuel;

12 Part 1 Section 2 B293 gas fuelled engine ( ) means a gas fuelled engine that is installed on a ship constructed on or after 1 March 2016; (c) that is added to a ship on or after 1 March 2016; or that replaces a non-identical gas fuelled engine on or after 1 March 2016; Government surveyor ( ) means a person appointed under section 94 to be a Government surveyor; HKAPP Certificate (HKAPP ) means a certificate referred to in section 59 that is issued by the Director; Hong Kong Air Pollution Prevention Certificate ( ) means a HKAPP certificate; or a Hong Kong Air Pollution Prevention Certificate issued by a recognized organization; IAPP Certificate (IAPP ) means a certificate referred to in section 58 that is issued by the Director; IEE Certificate (IEE ) means a certificate referred to in section 60 that is issued by the Director; IMO means the International Maritime Organization; International Air Pollution Prevention Certificate ( ) means an IAPP Certificate; an International Air Pollution Prevention Certificate issued by a recognized organization; or (c) an International Air Pollution Prevention Certificate issued by or under the authority of an Administration;

13 Part 1 Section 2 B295 International Energy Efficiency Certificate ( ) means an IEE Certificate; an International Energy Efficiency Certificate issued by a recognized organization; or (c) an International Energy Efficiency Certificate issued by or under the authority of an Administration; international voyage ( ) means a voyage between Hong Kong and a port outside the People s Republic of China; or a voyage between a port in a Convention country and a port outside that country (whether in another Convention country or not); LNG carrier (LNG ) means a LNG carrier as defined in Regulation 2 of Annex VI; local supplier ( ) means a person who delivers fuel oil to a ship in Hong Kong; major modification ( ), in relation to a ship, means a major conversion of the ship as defined in Regulation 2 of Annex VI; modified existing ship ( ) means an existing ship that has undergone a major modification on or after 1 January 2013 which is so extensive that the ship is regarded by the Director as a newly constructed ship; new ship ( ) means a ship for which the building contract is placed on or after 1 January 2013; (if there is no building contract) which is constructed on or after 1 July 2013; or (c) the delivery of which is on or after 1 July 2015;

14 Part 1 Section 2 B297 NO x Technical Code ( ) means the Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines adopted by IMO resolution MEPC.177(58) on 10 October 2008, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; non-chapter 4 ship ( 4 ) means a ship that is not propelled by mechanical means; or a platform (including a floating production storage and offloading facility, a floating storage unit and a drilling rig); non-conventional propulsion system ( ) means a method of propulsion (other than conventional propulsion) and includes (c) a diesel-electric propulsion system; a turbine propulsion system; or a hybrid propulsion system; non-hong Kong ship ( ) means a ship other than a Hong Kong ship; non-international voyage ( ) means a voyage that begins and ends within the waters of Hong Kong, during the course of which the ship concerned does not call at any port outside Hong Kong; or a voyage between Hong Kong and any other port in the People s Republic of China, during the course of which the ship concerned does not call at any port outside the People s Republic of China;

15 Part 1 Section 2 B299 ozone depleting substance ( ) means any controlled substance defined in paragraph 4 of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, as listed in Annex A, B, C or E to the Protocol, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; post-2019 cruise passenger ship (2019 ) means a cruise passenger ship delivered on or after 1 September 2019; post-2019 LNG carrier (2019 LNG ) means a LNG carrier delivered on or after 1 September 2019; recognized organization ( ) means an organization recognized by the Director under section 95; regulated diesel engine ( ) means any one of the following engines which has a power output of more than 130 kw, and includes a booster or compound system that is fitted to the engine a gas fuelled engine; or a reciprocating internal combustion engine operating on liquid or dual fuel, but does not include (c) an engine which is intended to be used solely for emergencies; (d) an engine which is solely to power any device or equipment intended to be used solely for emergencies on the ship on which it is installed; and (e) an engine installed in a lifeboat intended to be used solely for emergencies;

16 Part 1 Section 3 B301 Required EEDI ( ) means the maximum value of the Attained EEDI that is allowed for a ship as determined in accordance with Regulation 21 of Annex VI; special ship ( ) means a specified non-conventional propulsion ship; or a cargo ship that has ice-breaking capability; specified Certificate ( ) means an International Air Pollution Prevention Certificate or a Hong Kong Air Pollution Prevention Certificate; specified non-conventional propulsion ship ( ) means a ship which has a non-conventional propulsion system except a post-2019 cruise passenger ship; or a post-2019 LNG carrier. (2) For the purposes of subsection (1), a cruise passenger ship or LNG carrier is delivered on or after 1 September 2019 if it is a cruise passenger ship or LNG carrier for which the building contract is placed on or after 1 September 2015; 3. Application (if there is no building contract) which is constructed on or after 1 March 2016; or (c) the delivery of which is on or after 1 September (1) This Regulation applies to a Hong Kong ship wherever it may be; and a non-hong Kong ship within the waters of Hong Kong.

17 Part 1 Section 3 B303 (2) This Regulation does not apply to a warship; a naval auxiliary; or (c) any other ship owned or operated by a government and used only on government non-commercial service.

18 Part 2 Division 1 Section 4 B305 Part 2 Ships Engaged in International Voyages Division 1 Application and Requirement for Certificates 4. Application of this Part This Part applies to a ship engaged in international voyages. 5. Ships engaged in international voyages to have certain certificates (1) Subject to subsection (2), if a ship of 400 gross tonnage or above (other than a non-chapter 4 ship) is engaged in an international voyage, there must be in force in respect of the ship the following certificates an International Air Pollution Prevention Certificate; and an International Energy Efficiency Certificate. (2) Subsection (1) does not apply to a ship before the completion of the earlier of the following surveys of the ship for endorsing or renewing an International Air Pollution Prevention Certificate in relation to a Hong Kong ship (i) the first intermediate survey carried out in accordance with section 77 after the commencement of this Regulation; or (ii) the first renewal survey carried out in accordance with section 76 after the commencement of this Regulation; in relation to a non-hong Kong ship

19 Part 2 Division 1 Section 6 B307 (i) the first intermediate survey carried out by an Administration after the commencement of this Regulation; or (ii) the first renewal survey carried out by an Administration after the commencement of this Regulation. (3) If a non-chapter 4 ship of 400 gross tonnage or above is engaged in an international voyage, there must be in force in respect of the ship an International Air Pollution Prevention Certificate. 6. Exception to section 5 (1) Section 5(1) does not prevent a ship from being engaged in an international voyage if there is in force in respect of the ship the following certificates or documents issued by or under the authority of an Administration a certificate or document (other than an International Air Pollution Prevention Certificate) certifying or confirming that the ship is in compliance with Chapter 3 of Annex VI; and a certificate or document (other than an International Energy Efficiency Certificate) certifying or confirming that the ship is in compliance with Chapter 4 of Annex VI. (2) Section 5(3) does not prevent a non-chapter 4 ship from being engaged in an international voyage if there is in force in respect of the ship a certificate or document (other than an International Air Pollution Prevention Certificate) issued by or under the authority of an Administration certifying or confirming that the ship is in compliance with Chapter 3 of Annex VI.

20 Part 2 Division 2 Section 7 B309 Division 2 Emission of Ozone Depleting Substances 7. Prohibition on emission of ozone depleting substances (1) A ship is not to be engaged in any deliberate emission of ozone depleting substances as referred to in Regulation 12 of Annex VI. (2) Subsection (1) does not apply to an emission referred to in Regulation 3 of Annex VI; or any minimal releases associated with the recapture or recycling of an ozone depleting substance. 8. Installations containing ozone depleting substances prohibited (1) An installation which contains ozone depleting substances, including hydro-chlorofluorocarbons, is prohibited on a ship referred to in Regulation 12 of Annex VI. (2) In this section installation ( ) means a system or equipment (including a portable fireextinguishing unit), insulation or other material that contains ozone depleting substances (other than hydro-chlorofluorocarbons) which is installed on a ship but does not include (i) any repair or recharge of such system, equipment, insulation or other material which is installed before 19 May 2005; (ii) any recharge of a portable fire-extinguishing unit which is installed before 19 May 2005; and (iii) a permanently sealed equipment referred to in Regulation 12 of Annex VI; and

21 Part 2 Division 2 Section 9 B311 a system or equipment (including a portable fireextinguishing unit), insulation or other material that contains hydro-chlorofluorocarbons but no other ozone depleting substances which is installed on a ship but does not include (i) any repair or recharge of such system, equipment, insulation or other material which is installed before 1 January 2020; (ii) any recharge of a portable fire-extinguishing unit which is installed before 1 January 2020; and (iii) a permanently sealed equipment referred to in Regulation 12 of Annex VI. 9. Delivery of ozone depleting substances to reception facilities If any ozone depleting substances or an equipment containing such substances is removed from a ship, the substances and the equipment must be delivered to a reception facility recognized by the appropriate authority of a port. 10. Duty to maintain list of equipment containing ozone depleting substances (1) A list of the systems and equipment referred to in subsection (2) must be maintained for a ship of 400 gross tonnage or above and kept on board the ship. (2) The systems and equipment are all systems and equipment which contain ozone depleting substances; and which are listed in the supplement to the International Air Pollution Prevention Certificate or the certificate or document referred to in section 6(1) or (2) issued in respect of the ship.

22 Part 2 Division 2 Section 11 B Duty to maintain Record Book (1) If a ship is of 400 gross tonnage or above and has a rechargeable system that contains ozone depleting substances, an Ozone Depleting Substances Record Book must be maintained for the ship and kept on board the ship, and an entry referred to in section 12 must be made in the Record Book in the manner set out in section 12. (2) If the Record Book forms part of the electronic recording system of the ship, the system must be approved by for a Hong Kong ship, the Director in accordance with the guidelines issued by IMO before the system is installed on the ship; or for a non-hong Kong ship, an Administration in accordance with the guidelines issued by IMO. 12. Entries in Record Book (1) On the occurrence of any of the events set out in subsection (2), an entry of the event, in terms of mass (kg) of substance, must be made in the Record Book maintained for a ship referred to in section 11 without delay. (2) The events are as follows the full or partial recharge, repair or maintenance of an equipment which contains ozone depleting substances; the discharge by the ship of any ozone depleting substances to the atmosphere (whether deliberate or not); (c) the discharge by the ship of any ozone depleting substances to any land-based reception facilities; and

23 Part 2 Division 3 Section 13 B315 (d) the supply of any ozone depleting substances to the ship. Division 3 Emission of Nitrogen Oxides 13. Application of this Division The requirements in this Division do not apply to an emission referred to in Regulation 3 of Annex VI. 14. Diesel engines must operate within emission limit A regulated diesel engine installed on a ship must not be put into operation unless the emission of nitrogen oxides from the engine is kept within the applicable emission limit set out in Regulation 13 of Annex VI. 15. Determination of emission In determining whether the emission of nitrogen oxides from a regulated diesel engine is kept within an emission limit, the criteria and procedures as set out in the NO x Technical Code are to be applied. 16. Interpretation Division 4 Sulphur Content of Fuel Oil In this Division SO x Emission Control Area ( ) means an area specified in Regulation 14 of Annex VI as an emission control area.

24 Part 2 Division 4 Section 17 B Sulphur content of fuel oil (1) The sulphur content of any fuel oil used on board a ship outside an SO x Emission Control Area must not exceed the limit set out in Regulation 14.1 of Annex VI. (2) The sulphur content of any fuel oil used on board a ship within an SO x Emission Control Area must not exceed the limit set out in Regulation 14.4 of Annex VI. 18. Change-over of fuel oil on entering or leaving SO x Emission Control Area (1) This section applies to a Hong Kong ship which changes fuel oil of higher sulphur content to fuel oil of lower sulphur content before entering an SO x Emission Control Area; or which changes fuel oil of lower sulphur content to fuel oil of higher sulphur content after leaving an SO x Emission Control Area. (2) Before a ship enters an SO x Emission Control Area, sufficient time must be allowed for the fuel oil service system on the ship to be fully flushed of all fuel oil the sulphur content of which exceeds the limit set out in Regulation 14.4 of Annex VI. (3) The ship must keep on board a written procedure showing how the change-over of the fuel oil is to be done. (4) The ship must keep a record on board the ship showing the information referred to in subsection (5) at the following time in the case of subsection (1), when the change-over of the fuel oil is completed before the ship enters an SO x Emission Control Area; and

25 Part 2 Division 5 Section 19 B319 in the case of subsection (1), when the change-over of the fuel oil is commenced after the ship leaves an SO x Emission Control Area. (5) The information referred to in subsection (4) is the volume of the fuel oil the sulphur content of which is within the limit set out in Regulation 14.4 of Annex VI in each tank; and 19. Interpretation the date, time and position of the ship. Division 5 Volatile Organic Compounds In this Division collection system ( ) means a system for the collection of volatile organic compounds approved by the Director in accordance with the safety standards issued by IMO; designated port or terminal ( ) means a port or terminal which is designated by a Convention country as a port or terminal at which emission of volatile organic compounds is to be regulated; and for which a notification of the designation has been submitted to IMO pursuant to Regulation 15 of Annex VI; gas carrier ( ) means a cargo ship constructed or adapted for the carriage of any liquefied gas in bulk; Hong Kong tanker ( ) means a tanker registered in Hong Kong; tanker ( ) has the meaning given by Regulation 2 of Annex VI in relation to the control over the emission of volatile organic compounds.

26 Part 2 Division 6 Section 22 B Use of collection system (1) Subject to subsections (2) and (3), a Hong Kong tanker within a designated port or terminal must be equipped with a collection system; and use the system during the loading of the cargoes the types of which are specified in the notification of the designation of the port or the terminal submitted to IMO. (2) A tanker is not required to comply with subsection (1) within 3 years after the effective date specified in the notification if the operator of the port or the terminal allows the tanker to load the cargoes at the port or the terminal. (3) If a tanker is a gas carrier, subsection (1) only applies if the type of loading and containment systems of the tanker allow the safe retention of non-methane volatile organic compounds on board or the safe return of such compounds ashore. 21. Tanker carrying crude oil to have VOC Management Plan A tanker carrying crude oil must have on board, and implement, a Volatile Organic Compounds Management Plan which is specific to the ship and which is approved by the Director or an Administration in accordance with the guidelines issued by IMO. 22. Interpretation Division 6 Shipboard Incineration In this Division

27 Part 2 Division 6 Section 22 B323 approved incinerator ( ) means a shipboard incinerator which belongs to a type of shipboard incinerator in respect of which a Type Approval Certificate has been issued; post-2000 incinerator (2000 ) means a shipboard incinerator which is installed on a ship that is constructed on or after 1 January 2000; or which is installed on a ship on or after 1 January 2000; sewage sludge ( ) means the sediment of sewage; shipboard incineration ( ) means the incineration on board a ship of waste, or other matter, which has been generated during the normal operation of the ship; shipboard incinerator ( ) means a shipboard facility designed for the primary purpose of incineration; sludge oil ( ) means sludge from fuel or lubricating oil separators; waste lubricating oil from main or auxiliary machinery; or (c) waste oil from bilge water separators, oil filtering equipment or drip trays; Type Approval Certificate ( ) means a Certificate of Shipboard Incinerator issued by the Director or issued by or under the authority of an Administration certifying that a type of shipboard incinerator has been examined and tested in accordance with the standard specification issued by IMO.

28 Part 2 Division 6 Section 23 B Requirements on shipboard incineration for ships within waters of Hong Kong (1) Shipboard incineration must not take place on board a ship which is within the waters of Hong Kong unless the requirements set out in this section are complied with. (2) Subject to subsection (6), the incineration must be conducted in an approved incinerator. (3) If an approved incinerator is a post-2000 incinerator it must operate within the limits set out in Appendix IV to Annex VI; the additional requirements in section 25 must be complied with; (c) an operating manual referred to in subsection (4) in relation to the incinerator must be kept on board the ship; and (d) the operator of the incinerator must be trained in such a way as to be capable of implementing the guidance provided in the operating manual. (4) The operating manual is one which is issued by the manufacturer of the incinerator; and which provides guidance on how the incinerator may be operated within the limits set out in Appendix IV to Annex VI. (5) The substance for incineration must not be a substance which is listed in Regulation 16.2 of Annex VI. (6) If the substance for shipboard incineration is sewage sludge, or sludge oil, generated during the normal operation of the ship, the incineration may take place in

29 Part 2 Division 6 Section 24 B327 the main or auxiliary power plant or boilers of the ship while it is not inside a port, harbour or estuary. 24. Requirements on shipboard incineration for Hong Kong ships outside waters of Hong Kong (1) Shipboard incineration must not take place on board a Hong Kong ship which is outside the waters of Hong Kong unless the requirements set out in this section are complied with. (2) Subject to subsections (6) and (7), the incineration must be conducted in a shipboard incinerator. (3) If a shipboard incinerator is a post-2000 incinerator it must operate within the limits set out in Appendix IV to Annex VI; the additional requirements in section 25 must be complied with; (c) an operating manual referred to in subsection (4) in relation to the incinerator must be kept on board the ship; and (d) the operator of the incinerator must be trained in such a way as to be capable of implementing the guidance provided in the operating manual. (4) The operating manual is one which is issued by the manufacturer of the incinerator; and which provides guidance on how the incinerator may be operated within the limits set out in Appendix IV to Annex VI. (5) The substance for incineration must not be a substance which is listed in Regulation 16.2 of Annex VI.

30 Part 2 Division 6 Section 25 B329 (6) If the substance for shipboard incineration is polyvinyl chlorides, the incineration must be conducted in an approved incinerator. (7) If the substance for shipboard incineration is sewage sludge, or sludge oil, generated during the normal operation of the ship, the incineration may take place in the main or auxiliary power plant or boilers of the ship while it is not inside a port, harbour or estuary. 25. Additional requirements for post-2000 incinerators (1) This section applies to a post-2000 incinerator. (2) The temperature of the combustion chamber gas outlet of the incinerator during combustion is to be monitored at all times. (3) If the incinerator is a batch-loaded shipboard incinerator, it must not be put into operation unless by its design the following requirements are met the temperature of its combustion chamber gas outlet reaches 600ºC within 5 minutes after it is started up; and the temperature stabilizes at not less than 850ºC after 5 minutes. (4) If the incinerator is a continuous-feed shipboard incinerator, waste must not be fed into it when the combustion chamber gas outlet temperature is below 850ºC. (5) In this section the incinerator is a batch-loaded shipboard incinerator if the loading of waste is carried out in separate batches as may be required; and

31 Part 2 Division 7 Section 26 B331 the incinerator is a continuous-feed shipboard incinerator if the process during which waste is fed into the combustion chamber of the incinerator without human assistance is carried out while the incinerator is in normal operating conditions and the combustion chamber operative temperature is kept between 850ºC and 1 200ºC. 26. Application of this Division Division 7 Fuel Oil Quality This Division does not apply to a ship which uses 27. Fuel oil quality coal in solid form; or nuclear fuels. The quality of fuel oil used on board a ship must meet the requirements set out in Regulation 18 of Annex VI. Division 8 Energy Efficiency Design Index 28. Application of this Division (1) This Division applies to a ship which is of 400 gross tonnage or above; and which belongs to one of the categories of ship referred to in Regulation 20 of Annex VI. (2) This Division does not apply to a non-chapter 4 ship; or a special ship.

32 Part 2 Division 9 Section 30 B Attained Energy Efficiency Design Index (1) An Attained EEDI must be calculated for (c) a new ship before it is put into service; a new ship after it has undergone a major modification; and a modified existing ship after the major modification. (2) Where a ship belongs to a type of ship the reference line values and the reduction factors of which are set out in Annex VI, the Attained EEDI of the ship must be less than or equals to the Required EEDI of the ship calculated according to the reference line values and the reduction factors that are applicable to the ship as specified in Annex VI. Division 9 Ship Energy Efficiency Management Plan 30. Ship Energy Efficiency Management Plan (1) Subject to subsection (3), a ship of 400 gross tonnage or above, other than a non-chapter 4 ship, must keep on board a Ship Energy Efficiency Management Plan that complies with the requirement in subsection (2) in respect of the ship. (2) The plan must be prepared in accordance with the guidelines that is issued by IMO in relation to the development of a Ship Energy Efficiency Management Plan. (3) For an existing ship, the plan must be placed on board the ship no later than whichever is the earlier of the following

33 Part 2 Division 10 Section 31 B335 the date of the first intermediate survey of the ship after the commencement of this Regulation for the endorsement of the International Air Pollution Prevention Certificate issued in respect of the ship; or the date of the first renewal survey of the ship after the commencement of this Regulation for the issue of an International Air Pollution Prevention Certificate in respect of the ship. 31. Offences and penalties Division 10 Offences (1) If any of the requirements in section 5(1) or (3), 7(1), 8(1), 9, 10(1), 11(1), 12(1), 14, 17(1) or (2), 18(2) or (3), 20(1), 21, 23(1), 24(1) or 30(1) is contravened in respect of a ship, the owner and the master of the ship each commits an offence. (2) If any of the requirements in section 11(2) or 29(1) or (2) is contravened in respect of a ship, the owner of the ship commits an offence. (3) If any of the requirements in section 18(4) is contravened in respect of a ship, the master of the ship commits an offence. (4) If section 27 is contravened in respect of a ship, the owner and the master of the ship each commits an offence. (5) A person who commits an offence under this section is liable on conviction on indictment to a fine at level 6; or on summary conviction to a fine at level 3.

34 Part 2 Division 10 Section 31 B337 (6) It is a defence for a person charged under subsection (1), (2) or (3) to show that the person had taken all reasonable steps to prevent the commission of the offence. (7) It is a defence for a person charged under subsection (4) to show that the person had taken all reasonable steps to prevent the commission of the offence; fuel oil the quality of which meets the requirements referred to in section 27 was not available for purchase; and (c) the person had notified the following authority of the fact set out in paragraph (i) (ii) (if the ship concerned is a Hong Kong ship) the Director; and the appropriate authority of the ship s next port of destination. (8) If an offence under this section is committed, or would, save for the operation of subsection (6) or (7), have been committed by the owner or the master of a ship due to the act or omission of some other person, that other person also commits the offence and may be charged with and convicted of the offence whether or not proceedings are taken against the owner or the master.

35 Part 3 Division 1 Section 32 B339 Part 3 Ships Engaged in Non-international Voyages Division 1 Application and Requirement for Certificates 32. Application of this Part (1) This Part applies to a ship engaged in non-international voyages. (2) This Part does not apply to a ship which is specified in section 10 of the Merchant Shipping (Local Vessels) Ordinance (Cap. 548). 33. Ships engaged in non-international voyages to have certain certificates (1) Subject to subsection (2), if a ship of 400 gross tonnage or above is engaged in a non-international voyage, there must be in force in respect of the ship an International Air Pollution Prevention Certificate or a Hong Kong Air Pollution Prevention Certificate. (2) Subsection (1) does not apply to a ship that is not selfpropelled. 34. Exception to section 33 Section 33 does not prevent a ship from being engaged in a non-international voyage if there is in force in respect of the ship a certificate or document issued by or under the authority of an Administration the effect of which is recognized by the Director as equivalent to that of an International Air Pollution Prevention Certificate or a Hong Kong Air Pollution Prevention Certificate.

36 Part 3 Division 2 Section 35 B341 Division 2 Emission of Ozone Depleting Substances 35. Prohibition on emission of ozone depleting substances (1) A ship is not to be engaged in any deliberate emission of ozone depleting substances as referred to in Regulation 12 of Annex VI. (2) Subsection (1) does not apply to an emission referred to in Regulation 3 of Annex VI; or any minimal releases associated with the recapture or recycling of an ozone depleting substance. 36. Installations containing ozone depleting substances prohibited (1) An installation which contains ozone depleting substances, including hydro-chlorofluorocarbons, is prohibited on a ship referred to in Regulation 12 of Annex VI. (2) In this section installation ( ) means a system or equipment (including a portable fireextinguishing unit), insulation or other material that contains ozone depleting substances (other than hydro-chlorofluorocarbons) which is installed on a ship but does not include (i) any repair or recharge of such system, equipment, insulation or other material which is installed before 19 May 2005; (ii) any recharge of a portable fire-extinguishing unit which is installed before 19 May 2005; and (iii) a permanently sealed equipment referred to in Regulation 12 of Annex VI; and

37 Part 3 Division 2 Section 37 B343 a system or equipment (including a portable fireextinguishing unit), insulation or other material that contains hydro-chlorofluorocarbons but no other ozone depleting substances which is installed on a ship but does not include (i) any repair or recharge of such system, equipment, insulation or other material which is installed before 1 January 2020; (ii) any recharge of a portable fire-extinguishing unit which is installed before 1 January 2020; and (iii) a permanently sealed equipment referred to in Regulation 12 of Annex VI. 37. Delivery of ozone depleting substances to reception facilities If any ozone depleting substances or an equipment containing such substances is removed from a ship, the substances and the equipment must be delivered to a reception facility recognized by the appropriate authority of a port. 38. Duty to maintain list of equipment containing ozone depleting substances (1) A list of the systems and equipment referred to in subsection (2) must be maintained for a ship of 400 gross tonnage or above and kept on board the ship. (2) The systems and equipment are all systems and equipment which contain ozone depleting substances; and

38 Part 3 Division 2 Section 39 B345 which are listed in the supplement to the Hong Kong Air Pollution Prevention Certificate, the International Air Pollution Prevention Certificate or the certificate or document referred to in section 34 issued in respect of the ship. 39. Duty to maintain Record Book (1) If a ship is of 400 gross tonnage or above and has a rechargeable system that contains ozone depleting substances, an Ozone Depleting Substances Record Book must be maintained for the ship and kept on board the ship, and an entry referred to in section 40 must be made in the Record Book in the manner set out in section 40. (2) If the Record Book forms part of the electronic recording system of the ship, the system must be approved by for a Hong Kong ship, the Director in accordance with the guidelines issued by IMO before the system is installed on the ship; or for a non-hong Kong ship, an Administration in accordance with the guidelines issued by IMO. 40. Entries in Record Book (1) On the occurrence of any of the events set out in subsection (2), an entry of the event, in terms of mass (kg) of substance, must be made in the Record Book maintained for a ship referred to in section 39 without delay. (2) The events are as follows the full or partial recharge, repair or maintenance of an equipment which contains ozone depleting substances;

39 Part 3 Division 3 Section 41 B347 the discharge by the ship of any ozone depleting substances to the atmosphere (whether deliberate or not); (c) the discharge by the ship of any ozone depleting substances to any land-based reception facilities; and (d) the supply of any ozone depleting substances to the ship. Division 3 Emission of Nitrogen Oxides 41. Application of this Division and interpretation (1) This Division does not apply to a regulated diesel engine installed on a ship that is constructed before 1 June 2008; or a regulated diesel engine that is subject to an alternative nitrogen oxide control measure which is accepted by the Director. (2) The regulated diesel engine referred to in subsection (1) does not include a regulated diesel engine that has undergone a major conversion on or after 1 June (3) The requirements in this Division do not apply to an emission referred to in Regulation 3 of Annex VI. (4) In this Division g/ kwh means gram per kilowatt-hour; major conversion ( ), in relation to a regulated diesel engine that has not been certified to meet the NO x emission standards set out in Regulation 13 of Annex VI, means a replacement of the engine by another regulated diesel engine;

40 Part 3 Division 3 Section 42 B349 the installation of an additional regulated diesel engine; (c) a substantial modification, as defined in the NO x Technical Code, is made to the engine; or (d) a modification of the engine by which the maximum continuous rating of the engine is increased by more than 10%, as compared to the maximum continuous rating of the engine before the modification; n means rated engine speed (crankshaft revolutions per minute); rpm means revolutions per minute. 42. Diesel engines installed on ships constructed on or after commencement of this Regulation and certain other diesel engines must operate within emission limits (1) This section applies to a regulated diesel engine installed on a ship that is constructed on or after the commencement of this Regulation; which on or after the commencement of this Regulation (i) replaces a non-identical regulated diesel engine installed on a ship; or (ii) is installed on a ship as an additional regulated diesel engine; or (c) which is installed on a ship constructed on or after 1 January 2011 and which on or after the commencement of this Regulation has undergone (i) a substantial modification as defined in the NO x Technical Code; or

41 Part 3 Division 3 Section 43 B351 (ii) a modification by which the maximum continuous rating of the engine is increased by more than 10%, as compared to the maximum continuous rating of the engine before the modification. (2) If a regulated diesel engine referred to in subsection (1) is replaced by an identical regulated diesel engine on or after the commencement of this Regulation, the identical engine is to be regarded as the engine that it has replaced. (3) A regulated diesel engine must not be put into operation unless the emission of nitrogen oxides from the engine is kept within the following limits (c) 14.4 g/kwh when n is less than 130 rpm; 44 n (-0.23) g/kwh when n is 130 rpm or more but less than rpm; or 7.7 g/kwh when n is rpm or more. 43. Diesel engines installed on ships constructed before commencement of this Regulation and certain other diesel engines must operate within emission limits (1) This section applies to a regulated diesel engine installed on a ship that is constructed on or after 1 June 2008 but before the commencement of this Regulation; which has undergone a major conversion on or after 1 June 2008 but before the commencement of this Regulation and is (i) a replacement of a non-identical regulated diesel engine installed on a ship constructed before the commencement of this Regulation; or

42 Part 3 Division 3 Section 44 B353 (ii) an additional regulated diesel engine installed on a ship constructed before 1 June 2008; or (c) which is installed on a ship constructed before 1 January 2011 and which on or after the commencement of this Regulation has undergone (i) a substantial modification as defined in the NO x Technical Code; or (ii) a modification by which the maximum continuous rating of the engine is increased by more than 10%, as compared to the maximum continuous rating of the engine before the modification. (2) If a regulated diesel engine referred to in subsection (1) is replaced by an identical regulated diesel engine on or after 1 June 2008, the identical engine is to be regarded as the engine that it has replaced. (3) A regulated diesel engine must not be put into operation unless the emission of nitrogen oxides from the engine is kept within the following limits (c) 17.0 g/kwh when n is less than 130 rpm; 45 n (-0.2) g/kwh when n is 130 rpm or more but less than rpm; or 9.8 g/kwh when n is rpm or more. 44. Emission limits in section 42 to prevail If a regulated diesel engine is an engine to which both sections 42 and 43 apply, the engine must not be put into operation unless the emission of nitrogen oxides from the engine is kept within the limit set out in section 42(3).

43 Part 3 Division 4 Section 46 B Determination of emission In determining whether the emission of nitrogen oxides from a regulated diesel engine is kept within a limit which is set out in this Division, the criteria and procedures as set out in the NO x Technical Code are to be applied. Division 4 Sulphur Content of Fuel Oil 46. Sulphur content of fuel oil (1) On or after the commencement of this Regulation but before 1 January 2020, the sulphur content of any fuel oil used on board a ship must not exceed 3.50% mass per mass. (2) On or after 1 January 2020, the sulphur content of any fuel oil used on board a ship must not exceed 0.50% mass per mass. 47. Interpretation Division 5 Volatile Organic Compounds In this Division collection system ( ) means a system for the collection of volatile organic compounds approved by the Director in accordance with the safety standards issued by IMO; designated port or terminal ( ) means a port or terminal which is designated by a Convention country as a port or terminal at which emission of volatile organic compounds is to be regulated; and

44 Part 3 Division 5 Section 48 B357 for which a notification of the designation has been submitted to IMO pursuant to Regulation 15 of Annex VI; gas carrier ( ) means a cargo ship constructed or adapted for the carriage of any liquefied gas in bulk; Hong Kong tanker ( ) means a Hong Kong ship which is a tanker; tanker ( ) has the meaning given by Regulation 2 of Annex VI in relation to the control over the emission of volatile organic compounds. 48. Use of collection system (1) Subject to subsections (2) and (3), a Hong Kong tanker within a designated port or terminal must be equipped with a collection system; and use the system during the loading of the cargoes the types of which are specified in the notification of the designation of the port or the terminal submitted to IMO. (2) A tanker is not required to comply with subsection (1) within 3 years after the effective date specified in the notification if the operator of the port or the terminal allows the tanker to load the cargoes at the port or the terminal. (3) If a tanker is a gas carrier, subsection (1) only applies if the type of loading and containment systems of the tanker allow the safe retention of non-methane volatile organic compounds on board or the safe return of such compounds ashore.

45 Part 3 Division 6 Section 50 B Tanker carrying crude oil to have VOC Management Plan A tanker carrying crude oil must have on board, and implement, a Volatile Organic Compounds Management Plan which is specific to the ship and which is approved by the Director or an Administration in accordance with the guidelines issued by IMO. 50. Interpretation Division 6 Shipboard Incineration In this Division approved incinerator ( ) means a shipboard incinerator which belongs to a type of shipboard incinerator in respect of which a Type Approval Certificate has been issued; post-2000 incinerator (2000 ) means a shipboard incinerator which is installed on a ship that is constructed on or after 1 January 2000; or which is installed on a ship on or after 1 January 2000; sewage sludge ( ) means the sediment of sewage; shipboard incineration ( ) means the incineration on board a ship of waste, or other matter, which has been generated during the normal operation of the ship; shipboard incinerator ( ) means a shipboard facility designed for the primary purpose of incineration; sludge oil ( ) means sludge from fuel or lubricating oil separators;