The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008

Application and exemptions

3.—(1) Subject to paragraphs (2) to (12) these Regulations apply to—

(a)a United Kingdom ship wherever it may be,

(b)any other ship while it is within United Kingdom waters.

(2) Regulations 5 to 11 apply to—

(a)a platform, other than one that is registered in, or is not registered in but is entitled to fly the flag of, a country whose Government is a Contracting Government other than the United Kingdom,

(b)any other United Kingdom ship of 400 GT or above,

wherever it may be.

(3) Regulation 12 applies to—

(a)a platform engaged in voyages to waters under the sovereignty or jurisdiction of a Contracting Government other than the United Kingdom,

(b)any United Kingdom ship of 400 GT or above engaged in voyages to ports or offshore terminals under the jurisdiction of a Contracting Government other than the United Kingdom.

(4) Regulations 13 and 19(1) apply to a ship which is—

(a)not a United Kingdom ship,

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

(c)engaged in voyages to ports or offshore terminals under the jurisdiction of a Contracting Government,

(d)of 400 GT or above, unless it is a drilling rig, and

(e)in United Kingdom waters or controlled waters.

(5) Regulations 14, 15, 16(1) to (5), 17 and 18(1) and (2) apply to—

(a)a platform other than one that is registered in, or is not registered in but is entitled to fly the flag of, a country whose Government is a Contracting Government other than the United Kingdom,

(b)any other United Kingdom ship of 400 GT or above,

wherever it may be.

(6) Regulation 16(6) applies to a ship which is—

(a)not a United Kingdom ship,

(b)engaged in voyages to ports or offshore terminals under the jurisdiction of a Contracting Government other than the United Kingdom,

(c)of 400 GT or above, unless it is a drilling rig, and

(d)in a port or offshore terminal in the United Kingdom.

(7) Regulation 18(3) and (4) applies in relation to a ship which is—

(a)a platform engaged in voyages to waters under the sovereignty or jurisdiction of a Contracting Government other than the United Kingdom,

(b)a United Kingdom ship, of 400 GT or above, wherever it may be, which is engaged in voyages to ports or offshore terminals under the jurisdiction of a Contracting Government other than the United Kingdom,

(c)any other ship of 400 GT or above while it is within United Kingdom waters which is not a United Kingdom ship.

(8) Regulation 19(2) applies to a ship which satisfies all the criteria set out in paragraph (4) except for the criterion in paragraph (4)(b).

(9) Regulation 21(4) applies to any engine on a ship wherever that ship may be.

(10) Regulation 22(1) applies to—

(a)a United Kingdom ship wherever it may be, unless it is within a sulphur oxide emission control area, and

(b)any other ship wherever it may be unless it is within a sulphur oxide emission control area outside United Kingdom waters.

(11) Regulation 22(2) applies to—

(a)a United Kingdom ship wherever it may be while it is within a sulphur oxide emission control area, and

(b)any other ship while it is within a sulphur oxide emission control area.

(12) These Regulations do not apply to any warship, naval auxiliary or other ship owned or operated by a State and used for the time being on government, non-commercial service.

(13) These Regulations do not apply to any emission—

(a)necessary for the purpose of securing the safety of a ship or saving life at sea,

(b)resulting from damage to a ship or its equipment, except to the extent that the emission is due to—

(i)a failure to take all reasonable precautions after the occurrence of the damage or discovery of the emission for the purpose of preventing or minimising the emission, or

(ii)damage caused in consequence of the owner or master acting either intending to cause damage, or recklessly and with knowledge that damage would probably result,

(c)from any platform resulting from the incineration of substances that are solely and directly the result of exploration, exploitation and associated offshore processing of sea-bed mineral resources, including but not limited to—

(i)the flaring of hydrocarbons and the burning of cuttings, muds and stimulation fluids during well completion and testing operations,

(ii)flaring arising from upset conditions, and

(iii)the release of gases and volatile compounds entrained in drilling fluids and cuttings,

(d)associated solely and directly with the treatment, handling or storage of a sea-bed mineral,

(e)from a diesel engine that is solely dedicated to the exploration, exploitation and associated off-shore processing of sea-bed mineral resources.