MARPOL Consolidated Edition 2017
3 - Consolidated text of MARPOL Annex VI including resolutions MEPC.271 (69) and MEPC.278(70)45 Audit Scheme means the IMO Member State Audit Scheme established by the Organization and takinginto account the guidelines developed by the Organization.*46 Code for Implementation means the IMO Instruments Implementation Code (Ill Code) adopted by theOrganization by resolution A.1070(2 8).47 Audit Standard means the Code for Implementation.For the purpose of chapter 4:48 Calendar yea r means the period from 1 January until 31 December inclusive.49 Company means the owner of the ship or any other organization or person such as the manager, or thebareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the shipand w ho on assuming such responsibi lity has agreed to take over all the duties and responsibilities imposed bythe International Management Code for the Safe Operation of Ships and for Pollution Prevention, as amended.50 Distance travelled means distance travelled over ground.Regulation 3Exceptions and exemptionsGeneral1 Regulations of this Annex shall not apply to:.1 any em ission necessary for the purpose of securing the safety of a ship or saving life at sea; or.2 any em ission resulting from damage to a ship or its equipment:.2 .1 provided that al l reasonable precautions have been taken after the occurrence of the damageor discovery of the emission for the purpose of preventing or minimizing the emission; and.2.2 except if the owner or the master acted either with intent to cause damage, or recklessly andwith knowledge that damage would probably result.Trials for ship emission reduction and control technology research2 The Administration of a Party may, in cooperation with other Administrations as appropriate, issue anexemption from specific provisions of this Annex for a ship to conduct trials for the development of sh ipemission reduction and control technologies and engine design programmes. Such an exemption shall onlybe provided if the applications of specific provisions of the Annex or the revised NOx Technical Code 2008could impede research into the development of such technologies or programmes. A permit issued under thisregulation sha ll not exempt a ship from the reporting requirement under regulation 22A and shall not alter thetype and scope of data required to be reported under regulation 22A. A permit for such an exemption shal lonly be provided to the minimum number of ships necessary and be subject to the following provisions:.1 for marine diesel engines with a per cylinder displacement up to 30 L, the duration of the seatrial shall not exceed 18 months. If additional time is required, a permitting Administration orAdministrations may permit a renewal for one additional 18-month period; or.2 for marine diesel engines with a per cylinder displacement at or above 30 L, the duration ofthe ship trial shal l not exceed five years and shall require a progress review by the permittingAdministration or Administrations at each intermediate survey. A permit may be withdrawn basedon this review if the testing has not adhered to the conditions of the permit or if it is determined thatthe technology or programme is not likely to produce effective results in the reduction and controlof ship emissions. If the reviewing Administration or Administrations determine that additional timeis required to conduct a test of a particular technology or programme, a permit may be renewedfor an additional time period not to exceed five years.' Refer to the Framework and Procedures for the IMO Member State Audit Scheme (resolution A.1067(28)).MARPOL CO SOLIDATED EDITION 2017 413
Additional informationEmissions from sea-bed mineral activities3.1 Emissions directly arising from the exploration, exploitation and associated offshore processing of sea-bedmineral resources are, consistent with article 2(3)(b)(ii) of the present Convention, exempt from the provisionsof this Annex. Such emissions include the following:.1 emissions resul ting from the incineration of substances that are solely and directly the result ofexploration, exploitation and associated offshore processing of sea-bed mineral resources, includingbut not limited to the flaring of hydrocarbons and the burning of cuttings, muds, and/or stimulationfluids during well completion and testing operations, and flaring arising from upset conditions;.2 the release of gases and volatile compounds entrained in drilling fl uids and cuttings;.3 emissions associated solely and directly with the treatment, handling or storage of sea-bed minerals;and.4 emissions from ma rine diesel engines that are solely dedicated to the exploration, exploitation andassociated offshore processing of sea-bed mineral resources.3.2 The requirements of regulation 18 of this Annex shall not apply to the use of hydrocarbons that areproduced and subsequently used on site as fuel, when approved by the Administration.Regulation 4Equivalents1 The Administration of a Party may al low any fitting, material, appliance or apparatus to be fitted in a shipor other procedures, alternative fuel oils, or compliance methods used as an alternative to that required by thisAnnex if such fitting, material, appliance or apparatus or other procedures, alternative fuel oils, or compliancemethods are at least as effective in terms of emissions reductions as that required by th is Annex, including anyof the standards set forth in regulations 13 and 14.2 The Administration of a Party that allows a fitting, material, appliance or apparatus or other procedures,alternative fuel oils, or compliance methods used as an alternative to that required by th is Annex shallcommunicate to the O rganization for ci rculation to the Parties particulars thereof, for their information andappropriate action, if any.3 The Administration of a Party should take into account any relevant guidelines developed by theOrganization* pertaining to the equivalents provided for in th is regulation.4 The Administration of a Party that allows the use of an equivalent as set forth in paragraph 1 of thisregulation shall endeavour not to impair or damage its environment, human health, property or resources orthose of other States.Chapter 2 - Survey, certification and means of controlRegulation 5Surveys1 Every ship of 400 gross tonnage and above and every fixed and floating drill ing rig and other platformssha ll, to ensure compliance with the requ irements of chapter 3 of this Annex, be subject to the surveysspecified below:.1 An ini tial survey before the ship is put into service or before the certificate required underregulation 6 of this Annex is issued for the first time. This survey shall be such as to ensure thatthe equipment, systems, fittings, arrangements and material fu lly comply w ith the applicablerequirements of chapter 3 of this Annex;• Refer to 2015 Guidelines for exhaust gas cleaning systems (resolution MEPC.259(68)).414 MARPOL CONSOLIDATED EDITION 2017
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Additional information
Emissions from sea-bed mineral activities
3.1 Emissions directly arising from the exploration, exploitation and associated offshore processing of sea-bed
mineral resources are, consistent with article 2(3)(b)(ii) of the present Convention, exempt from the provisions
of this Annex. Such emissions include the following:
.1 emissions resul ting 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 the flaring of hydrocarbons and the burning of cuttings, muds, and/or stimulation
fluids during well completion and testing operations, and flaring arising from upset conditions;
.2 the release of gases and volatile compounds entrained in drilling fl uids and cuttings;
.3 emissions associated solely and directly with the treatment, handling or storage of sea-bed minerals;
and
.4 emissions from ma rine diesel engines that are solely dedicated to the exploration, exploitation and
associated offshore processing of sea-bed mineral resources.
3.2 The requirements of regulation 18 of this Annex shall not apply to the use of hydrocarbons that are
produced and subsequently used on site as fuel, when approved by the Administration.
Regulation 4
Equivalents
1 The Administration of a Party may al low any fitting, material, appliance or apparatus to be fitted in a ship
or other procedures, alternative fuel oils, or compliance methods used as an alternative to that required by this
Annex if such fitting, material, appliance or apparatus or other procedures, alternative fuel oils, or compliance
methods are at least as effective in terms of emissions reductions as that required by th is Annex, including any
of the standards set forth in regulations 13 and 14.
2 The Administration of a Party that allows a fitting, material, appliance or apparatus or other procedures,
alternative fuel oils, or compliance methods used as an alternative to that required by th is Annex shall
communicate to the O rganization for ci rculation to the Parties particulars thereof, for their information and
appropriate action, if any.
3 The Administration of a Party should take into account any relevant guidelines developed by the
Organization* pertaining to the equivalents provided for in th is regulation.
4 The Administration of a Party that allows the use of an equivalent as set forth in paragraph 1 of this
regulation shall endeavour not to impair or damage its environment, human health, property or resources or
those of other States.
Chapter 2 - Survey, certification and means of control
Regulation 5
Surveys
1 Every ship of 400 gross tonnage and above and every fixed and floating drill ing rig and other platforms
sha ll, to ensure compliance with the requ irements of chapter 3 of this Annex, be subject to the surveys
specified below:
.1 An ini tial survey before the ship is put into service or before the certificate required under
regulation 6 of this Annex is issued for the first time. This survey shall be such as to ensure that
the equipment, systems, fittings, arrangements and material fu lly comply w ith the applicable
requirements of chapter 3 of this Annex;
• Refer to 2015 Guidelines for exhaust gas cleaning systems (resolution MEPC.259(68)).
414 MARPOL CONSOLIDATED EDITION 2017