Norway

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MARPOL Annex VI regulations 14 and 4 generally apply in Norwegian waters, which are partly in the North Sea Emission Control Area. However, Norway is also party to the European Economic Area (EEA) agreement, which brings together the 28 EU member states and three non-member states, including Norway and Iceland in an internal market governed by the same basic rules. As such some parts of Norway’s legislation are in line with EU Single Market legislation.

Key points of the European Union sulphur directive are therefore reflected by the Norwegian Maritime Authority Regulations of 30 May 2012 No. 488 on environmental safety for ships and mobile offshore units. (Last update of the document 1 March 2019)

The regulations are wide ranging. Sections 12, 13 and 14 are relevant to sulphur oxide control. In particular:

  • The sulphur content of fuel oil used on board while a ship is securely moored at berth or at anchor in port for more than 2 hours shall not exceed 0.10% m/m.

While EGCS is permitted as alternative means of compliance, Norway has specific rules for 2 areas designated as World Heritage Fjords where additional controls apply:

Ships must use either:

a) fuel with a sulphur content not exceeding 0.10% by weight; or
b) an approved closed loop exhaust gas cleaning system; or
c) an approved hybrid exhaust gas cleaning system in closed loop mode.

Ships using an exhaust gas cleaning system to meet the sulphur requirement are required to use a device for reducing visible emissions to air.

Coordinates for the World Heritage Fjords are given in Regulations No. 488 Section 10a, relating to sewage and grey water.

Belgium

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Belgium is a member of the European Union, Directive(EU) 2016/802 therefore applies and a maximum of 0.10% sulphur fuel is to be used in port. Belgian coastal waters are in the North Sea Emission Control Area as defined under MARPOL Annex VI Regulation 14 and therefore the limit of 0.10% sulphur fuel also applies to vessels in territorial waters outside of port jurisdictions.

EGCSA has confirmed the following with the Policy unit for Environmental and Safety Issues in Belgium’s Federal Public Service Mobility and Transport:

  • Under current national legislation, the discharge of scrubber wash water is permitted in coastal and open seas from the baseline (where the baseline is defined as the mean low-low watermark), provided that the discharges comply with IMO Guidelines.
    • The legal reference for coastal and seawaters is: Wet van 6 april 1995 betreffende de voorkoming van verontreiniging door schepen (omzetting MARPOL). [Law of 6 April 1995 on the prevention of pollution from ships (MARPOL transposition)].
    • No additional notices have been published.
  • The discharge of scrubber wash water is not permitted in Belgian ports or inland waters.
    • The legal reference for ports and inland waters is: Wet van 26 maart 1971 op de bescherming van oppervlaktewateren tegen verontreiniging (omzetting kaderrichtlijn water in Vlaanderen). [Law of 26 March 1971 on the protection of surface waters against pollution (transposition of the Water Framework Directive in Flanders)].

It should be noted that although the river Schelde enters the North Sea in Dutch waters, the Netherlands – Belgium border crosses the river inland. As such vessels sailing to/from Antwerp are prohibited from discharging scrubber wash water overboard while on the Belgian side of the border.

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Ireland

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As Ireland is a member of the European Union, Directive(EU) 2016/802 applies and a maximum of 0.10% sulphur fuel is to be used in port. Irish waters are not in a Emission Control Area defined by MARPOL Annex VI Regulation 14 and therefore the global limit of 3.50% sulphur applies to vessels except some passenger ships until January 1, 2020, when the limit will be reduced to 0.50%.  Passenger ships on regular voyages between EU ports (e.g. UK-Ireland ferries) are an exception, as subject to a limit of 1.50%S until January 1, 2020 under the EU Sulphur Directive.

A number of Irish ports have prohibited overboard discharges from exhaust gas cleaning systems to waters within their jurisdiction, citing the EU’s Water Framework Directive, 2000/60/EC and Environmental Quality Standards Directive, 2008/105/EC as the rationale:
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Ship operators should check if other Irish ports are similarly regulated.

United Kingdom

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The UK is to leave the European Union on 31 January 2020, however Directive(EU) 2016/802 will continue to apply during a ‘transition’ period currently scheduled to end 31 December 2020 and therefore a maximum of 0.10% sulphur fuel is to be used in port **. UK waters to the east and south in the English Channel are in the North Sea Emission Control Area as defined by MARPOL Annex VI Regulation 14 and therefore the limit of 0.10% sulphur also applies to vessels outside of ports.

Waters to the west of  the UK mainland and of Northern Ireland are not in the ECA and the IMO global fuel sulphur limt of 0.50% applies from January 1, 2020.  Passenger ships on regular voyages between EU ports (e.g. UK-Ireland ferries) are no longer an exception to this rule, and are now also subject to a limit of 0.50%S from January 1, 2020 under the EU Sulphur Directive.

** Further information on the UK’s withdrawal from the European Union can be found here.

Maritime & Coastguard Agency advice

In response to questions from EGCSA (March 2019), the UK Maritime and Coastguard Agency has advised that:

  • UK legislation on the use of Exhaust Gas Cleaning System (EGCS) is in accordance with the Merchant Shipping Regulations.
  • Transport Scotland does not have its own policies in-excess of this legislation.
  • Local ports and harbours have the right to impose stricter water quality requirements to any transport or industrial sector, including ship operations, in order for their region to meet water quality requirements under the Water Framework Directive.

As such ship operators are advised to check the latest requirements regarding the use of EGCS with the relevant ports and harbours authorities.

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Firth of Forth & Tay – Scotland

Forth Ports Ltd issued Notice to Mariners 45 of 2019 (2 Dec. 2019) titled “Use of Open Loop Scrubbers on the Forth and Tay“. 

The notice can be downloaded from the Forth Ports website here.

The notice recognises scrubbers as a means to deal with air pollution under MARPOL Annex VI, but goes on to cite OSPAR controls on disposal of dredge material in spoil grounds and a local bylaw – Forth Ports and Port of Dundee Byelaw 59 which prohibits the discharge of materials into the Forth and Tay.

Therefore, as a precaution, the company prohibits the use of “Open Loop” scrubbers on the Forth and Tay until further notice.

Forth Ports Authority byelaws give a definition for the docks and harbours of the Authority as “the docks and harbours of Burntisland, Grangemouth, Granton, Kirkcaldy, Leith, Methil and Newhaven, the Hound Point Marine Terminal and any other works which may from time to time belong to the Authority and includes the jetties, piers, quays, slipways and wharves of the said docks and harbours, marine terminal and other works and the recognised water approaches thereto.”

The byelaws also give geographic coordinates for the Hound Point Marine Terminal.