SCHEDULE 2

NITROGEN OXIDES

1.    The Technical File

1.1    Every marine diesel engine covered within the scope of Regulation 21 of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 must have a technical file which identifies the engine's components, settings or operating values which influence exhaust emissions. The technical file must be prepared by the engine manufacturer and approved by the relevant Certifying Authority, and is required to accompany an engine throughout its life on board the ship. It must be maintained in good order and not be subjected to any unauthorised alteration, amendments, omission or deletions. The engine to which the technical file refers is to be installed in accordance with the rating (kW and speed) and duty cycle as approved together with any limitation imposed by the technical file.

1.2    The technical file must, at a minimum, contain the following information:

.1    identification of those components, settings and operating values of the engine which influence its NO_x emissions;

.2    identification of the full range of allowable adjustments or alternatives for the components of the engine;

.3    full record of the relevant engine's performance, including the engine's rated speed and rated power;

.4    a system of on-board NO_x verification procedures to verify compliance with the NO_x emission limits during on-board verification surveys;

.5    a copy of the test report for an engine tested for pre-certification or a test report for an engine installed on board ship without pre-certification;

.6    if applicable, the designation and restrictions for an engine which is a member of an engine group or engine family;

.7    specifications of those spare parts/components which, when used in the engine, according to those specifications, will result in continued compliance of the engine with the NO_x emission limits; and

.8    the Engine International Air Pollution Prevention Certificate (EIAPP), as appropriate.

2.    Procedures for certification of an engine

2.1    Engine International Air Pollution Prevention (EIAPP) Certificate

2.1.1    Each diesel engine to which Regulation 21 of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 applies must be issued with an EIAPP certificate and be pre-surveyed in accordance with the NO_x Technical Code. The Certificate must certify that the pre-certification survey demonstrated that the engine, its components, adjustable features and technical file, prior to their engines installation and /or service on board a ship, fully complies with the applicable parts of Regulation 21 of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008.

2.1.2    The certificate is valid for the life of the engine, subject to surveys, as appropriate, in accordance with Regulation 5, 6, 7 or 8 of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008, whilst installed in a United Kingdom registered ship.

2.1.3    The EIAPP must be issued by a Certifying Authority on all ships subject to Regulation 11 of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 that are issued with either an IAPP or UKAPP certificate. When the original, or subsequently issued, EIAPP certificate was not issued by a Certifying Authority on behalf of the United Kingdom, the certifying authority issuing the new EIAPP certificate must take all reasonable measures to ensure that the engine and technical file comply with the relevant requirement of the NO_x Technical Code. Ships that have engine/s covered by Regulation 21 but which are not required to be issued with either an IAPP certificate or a UKAPP must still acquire, maintain and retain onboard the  EIAPP certificates and technical files supplied by the manufacturer.

2.2    If any adjustments or modifications are made to any engine after its pre-certification, a full record of such adjustments or modifications must be recorded in the engine's record book of engine parameters.

2.3    If all of the engines installed on board are verified to remain within the parameters, components, and adjustable features recorded in the technical file, the engines should be accepted as performing within the NO_x limits specified in Regulation 21 of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008. In this case, with respect to the NO_x Technical Code requirements, an IAPP or UKAPP Certificate as appropriate may then be issued to the ship.

2.4    If any adjustment or modification is made which is outside the approved limits documented in the technical file, the EIAPP and the IAPP or UKAPP Certificate as appropriate may be issued only if the overall NO_x emission performance is verified to be within the required limits as prescribed in the NO_x Technical Code by:

(i)    direct on-board NO_x monitoring equipment, approved by a Competent Authority;
(ii)    a simplified on-board NO_x measurement; or,
(iii)    reference to the test-bed testing for the relevant engine group approval showing that the adjustments or modifications do not exceed the NO_x emissions limits.

2.5    Where an engine covered by the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 is fitted to a ship constructed before 1 January 2000 and has been modified but does not have the necessary technical data to conduct a parameter check survey, the EIAPP Certificate may be issued if the overall NO_x emission performance is verified to be within the required limits by the simplified on-board NO_x measurement.

2.6    The MCA acting on behalf of the Secretary of State will give due consideration to a level of equivalence where an owner wishes to demonstrate compliance by the direct onboard measurement and monitoring method.

2.7    The MCA is aware that a number of marine diesel engines with a power output of more than 130kW fitted in Recreational Craft and Personal Water Craft prior to 2005 and placed on the market in the European Economic Area (EEA) are not required to meet specific NO_x standards or certification requirements under the “Directive 2003/44/EC of the European Parliament and of the Council of 16 June 2003 amending Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft” (the RCD) as implemented in UK law by “The Recreational Craft Regulations 2004, SI 2004 No. 1464”. If the retrospective application of MARPOL Annex VI (in Regulation 21(1) of The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008) were applied to these engines then the UK would be in breach of the free trade requirements of the RCD. In order to resolve this conflict the UK will not be applying Annex VI NO_x technical, testing and certification requirements to those marine diesel engines with a power output of more than 130kW which have been installed on a Recreational Craft (as defined by the RCD) or personal water craft and placed on the market in the EEA before 1 January 2005. This is reflected in the exemption in paragraph 1(c) of Schedule 2 to the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008.

2.8    Additionally the RCD, when amended in 2005 by Directive 2003/44/EC, placed more stringent NO_x emissions for marine diesel engines with a power output of more than 130kW fitted in Recreational Craft and Personal Water Craft and placed on the market in the EEA, than those stipulated in MARPOL Annex VI. In order to maintain the stricter emission standards for these engines under the RCD, they are also included in the exemption in paragraph 1(c) of Schedule 2 to the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008.

2.9    NO_x Emissions Limits for these exempted engines can be found in the “Directive 2003/44/EC of the European Parliament and of the Council of 16 June 2003 amending Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft” and “The Recreational Craft Regulations 2004, SI 2004 No. 1464”.

For information these are as follows (please note these only apply to marine diesel engines with a power output of more than 130kW fitted in Recreational Craft and Personal Water Craft after 1st January 2005 and placed on the market in the EEA):