Environmental Policy
Bay 2/08
Spring Place
105 Commercial Road
Southampton
SO15 1EG
Tel:
Fax:
E-mail:
+44 (0)23 8329 100
+44 (0)23 80329 204
environment@mcga.gov.uk
29th April 2014
Dear Consultee
Consultation on the draft Merchant Shipping (Prevention of Air Pollution from
Ships) and Motor Fuel (Composition and Content) (Amendment) Regulations
2014 implementing EU Directive 2012/33/EU on the sulphur content of marine
fuel
1.
This consultation seeks the views of industry on the Governments proposals
for implementing EU Directive 2012/33/EU (the Directive). The purpose of the
Directive is to take account of changes to the regime governing the sulphur content
of marine fuels internationally. The Directive amends a previous measure (Directive
1999/32/EC, as amended) to align it with the revised Annex VI (Prevention of Air
Pollution from Ships) of the International Convention for the Prevention of Marine
Pollution (MARPOL) adopted in 2008. The revised Annex VI introduces stricter limits
than those found in the existing European regime and in order to ensure coherence
with international law, development of the 2012 Directive was necessary.
Problem under consideration
2. The impact of air pollution has been recognised globally and in response, steps
have been taken to reduce the presence of contaminants in the atmosphere.
3. In recent years, the EU has tackled the problem of air pollution by limiting the
sulphur content of liquid fuels (Directive 1999/32/EC). This has resulted in steps
being taken to reduce the levels of sulphur emitted by land based sources and air
transport. However, despite these measures, most European countries have found it
difficult to meet the necessary standards for air quality emissions. Further steps are
necessary to reach these targets - including looking at other sulphur emitting
industries. As the shipping industry makes wide-spread use of low quality fuel, which
results in significant amounts of Sulphur Oxides (SOx) and Particulate Matter being
released in to the atmosphere, it has now become the main focus of efforts to reduce
SOx air pollution.
4. With a significant proportion of the worlds shipping fleet registered amongst the
Member States and more than 80,000 different vessels estimated to call at European
ports every year it is clear that shipping related to the EU is having a significant
impact on the atmosphere. Likewise, as the UK is an island nation surrounded by
major shipping routes, emissions from shipping are a major determinant of air quality
in the UK. To date, emissions from maritime sources have not received the same
level of scrutiny as land based sources and as a result shipping continues to emit
sulphur at significant levels. The relative level of pollution associated with the
shipping sector continues to increase and, if no further action is taken, vessels would
be expected to be responsible for over 50% of sulphur emissions in the EU as a
whole by 2020.
What are the objectives of this proposed Policy
5. The objective is to reduce the emissions of sulphur that result from the combustion
of certain fuels, the intended effect of which is to improve air quality. This will be
achieved by imposing limits on the sulphur content of such fuels or permitting
alternative technology that delivers at least the same reduction in emissions. This
will ensure that emissions from UK ships, and ships in UK waters will fall.
6. It is expected that such measures will also produce health and environmental
benefits for those residing in the UK, especially in the vicinity of a maritime hub.
7. Health effects of air pollutants arise through their inhalation and penetration into
the lungs. This can cause breathing problems, trigger asthma, reduce lung function
and cause lung diseases. The implementation of this measure is expected to reduce
these adverse impacts on health.
Summary of the Provisions
8. The draft regulations require that:
o The sulphur content of fuel for ships operating within a designated
Sulphur Emission Control Area (SECA including the North
Sea/English Channel) must not exceed 0.1% from 1 January 2015.
o Outside of designated SECAs the sulphur content of fuel will be limited
to 0.5% in European waters from 1 January 2020.
o These limits can also be achieved using alternative fuels or the use of
abatement systems such as exhaust gas cleaning systems (EGCS),
often referred to as scrubbers.
9. It should also be noted that this proposed measure introduces requirements
developed at UN level by the International Maritime Organization. This international
instrument - MARPOL Annex VI - includes a wide range of requirements aimed at
reducing the emissions from vessels including elements addressing Nitrogen Oxides
(NOX).
10. This transposition does not contain any of the NOx requirements of MARPOL
Annex VI as these do not form part of the Directive. Further legislation dealing with
NOx will be developed when the IMO has completed its work on the entry into force
of the NOx requirements.
11. The draft regulations make minor, consequential amendments to the liquid fuel
regime to reflect definitional changes made in the parent Directive. These do not
carry any costs or have any impact on the motor fuel regime, and as such have not
been assessed within the Impact Assessment.
Invitation to comment on the draft regulations and associated documents
12. Consultees are invited to comment on the consultation package in order to
facilitate consultee comments we have identified a series of questions you may wish
to consider these are attached at Annex G of this package and cover general
questions relating to the proposed regulations and guidance.
13. Please ensure that when answering these questions or responding to the
consultation that supporting evidence is provided, including, where appropriate,
details of costs or benefits.
Period of consultation
14. The consultation will last for a period of 8 weeks and all comments should be
provided in writing or email to:Sulphur Consultation
Environmental Policy Branch
Maritime and Coastguard Agency
Bay 2/08, Spring Place
105 Commercial Road
Southampton
SO15 1EG
Email: environment@mcga.gov.uk
To arrive no later than 1 July 2014
15. Consultation comments, and the response, will be published as soon as possible
after the consultation period has finished.
16. If your address details require any amendment, or you consider there are any
other persons who should be consulted, please advise us accordingly.
Consultation Package
With this letter is a consultation package on the draft transposing Regulations
containing the following documents:Annex A: Draft of The Merchant Shipping (Prevention of Air Pollution from Ships)
and Motor Fuel (Composition and Content)(Amendment) Regulations 2014.
Annex B: Consultation stage Impact Assessment on the proposed regulations.
Annex C: Draft Merchant Shipping Notice.
Annex D: Draft Marine Guidance Note.
Annex E: Draft Explanatory Memorandum and Transposition Note.
Annex F: List of Consultees.
Annex G: Consultation Questions:
Annex H: Consultation feedback form.
Freedom of Information Act
Information provided in response to this consultation, including personal information,
may be published or disclosed in accordance with the access to information regimes
(these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection
Act 1998 (DPA) and the Environmental Information Regulations 2004).
If you would like the information that you provide to be treated as confidential, please
be aware that, under the FOIA, there is a statutory Code of Practice with which
public authorities must comply and which deals, amongst other things, with
obligations of confidence. In view of this it would be helpful if you could explain to us
why you regard the information you have provided as confidential. If we receive a
request for disclosure of the information we will take full account of your explanation,
but we cannot give an assurance that confidentiality can be maintained in all
circumstances. An automatic confidentiality disclaimer generated by your IT system
will not, of itself, be regarded as binding on the Department.
The MCA will process your personal data in accordance with the DPA and in the
majority of circumstances; this will mean that your personal data will not be disclosed
to third parties.
The consultation is being conducted in line with the Government's key consultation
principles. Further information is available at:
https://www.gov.uk/government/publications/consultation-principlesguidance
If you have any comments regarding the conduct of this consultation please contact
the Consultation Co-ordinator at consultation.coordinator@mcga.gov.uk. We are
continually trying to improve the way in which we conduct consultations and
appreciate your views, so we would also be grateful if you could complete and return
the attached feedback form (at Annex H). These should be submitted to the
Consultation Co-ordinator and are not affected by the deadline for this consultation.
