Abstract
This chapter discusses legal aspects pertaining to the vessel Energy Efficiency Design Index (EEDI) and Ship Energy Efficiency Management Plan (SEEMP), which have been mandated since January 1, 2013, as a result of amendments to Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997 thereto (MARPOL). It provides a historical recount of the development of MARPOL leading up to an analysis of EEDI and SEEMP, particularly as regards their apparent lack of enforceability. A further analysis is examing the arguable ineffectiveness of the rules in ultimately reaching the set goal of reducing air emissions from shipping. Finally, the standing of EEDI and SEEMP in ship chartering, building and sale transactions is examined against the backdrop of standard maritime law clauses. It is ultimately argued that the MARPOL requirements are likely to prove legally inefficient.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
According to Article 3(3) of MARPOL, warships, naval auxiliaries and other ships owned or operated by a state and used for the time being only on government non-commercial service are excluded from the scope of application of the Convention.
- 2.
Article 2(5) of MARPOL defines the term “Administration” as “the Government of the State under whose authority the ship is operating.” The provision further states that with respect to a ship the term “Administration” means the government of the ship’s flag state.
- 3.
See Sect. 4.2 below.
- 4.
It is noteworthy that the 2014 Guidelines do not name the certificate. Pursuant to Regulation 6.4 of Annex VI, an International Energy Efficiency Certificate (IEEC) is issued following survey and verification that the ship’s attained EEDI is in accordance with Chapter 4 and that the SEEMP is on board.
- 5.
See footnote 2 above for the definition of “Administration.”
- 6.
See Sect. 3.1 above.
- 7.
See Sect. 3.2 above.
- 8.
It is noteworthy that charterparties have for some time included incentives for energy efficiency. An example is the slow steaming clause incorporated in charterparties (Nikaki 2016).
- 9.
See Sect. 3.1 above.
- 10.
See Sect. 4.4 above.
- 11.
See also article XIV(3), which provides: “The VESSEL shall comply with the above rules and regulations which are in force at the time of signing the Contract.”
- 12.
See also article XI(1)(2), which commits “the BUYER [to] provide the BUILDER with the necessary documentation including specifications, drawings, instruction books, manuals, test reports and others required to comply with all applicable rules and regulations.”
References
BIMCO. (1994). Uniform general charter (as revised 1922, 1976 and 1994 (Code Name: “GENCON”).
China Maritime Arbitration Commission (CMAC). (2011). Standard new building contract (Shangai Form).
Curtis, S. (2012). Law of shipbuilding contracts. Oxon: Informa.
de la Rue, C. (2009). Shipping and the environment. Oxon: Informa.
Faber, J., & 't Hoen, M. (2015). Historical trends in ship design efficiency. http://www.cleanshipping.org/download/CE_Delft_7E50_Historical_trends_in_ship_design_efficiency_DEF.pdf. Accessed 18 November 2017.
Faber, J., 't Hoen, M., Vergeer, R., & Calleya, J. (2016). The impact of full form on efficiency (Historical trends in ship design efficiency). https://www.transportenvironment.org/sites/te/files/publications/2016_CE_Delft_Historical_Trends_in_Ship_Design_Efficiency.pdf. Accessed 18 November 2017.
Golden Fleece Maritime Inc v ST Shipping and Transport Inc. (2008). EWCA Civ 584, [2009] 1 All ER (Comm) 908, [2008] 2 Lloyd's Rep 119.
Hope, H. (2006). Goal-based standards- a new approach to the international regulation of ship construction. IMO News. http://www.imo.org/en/MediaCentre/MaritimeNewsMagazine/Documents/2006/IMONews12006.pdf. Accessed 5 November 2017.
IMO. (1991). Resolution A.719(17) Prevention of air pollution from ships. In IMO Assembly seventeenth session.
IMO. (1997a). Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, September 26, 1997, IMO Doc MP/CONF. 3/34.
IMO. (1997b). Resolution 8-CO2 emissions from ships. In IMO Doc MP/CONF.3/35.
IMO. (1998). MARPOL-25 Years. Focus on IMO.
IMO. (2000). Report on the outcome of the IMO study on greenhouse gas emissions from ships. In IMO Doc MEPC 45/8.
IMO. (2002). Consideration of the strategy and policy of the organisation including the report of the working group, IMO strategic plan. Submitted by Bahamas and Greece (C 89/12/1).
IMO. (2003a). Resolution A.963(23) IMO policies and practices related to the reduction of greenhouse gas emissions from ships. In IMO Doc A 23/Res.963.
IMO. (2003b). Consideration of the strategy and policy of the organisation including the report of the working group, IMO strategic plan- New build standards. Submitted by Bahamas and Greece (MSC 77/2/5).
IMO. (2008a). Prevention of air pollution from ships (Section 4). In IMO Doc MEPC 57/21.
IMO. (2008b). Report on the working group on greenhouse gas emissions from ships. In IMO Doc MEPC 57/WP.8.
IMO. (2009a). Report of marine environment protection committee on its fifty-ninth session. In IMO Doc MEPC 59/24/Add.1.
IMO. (2009b). Resolution MEPC.181(59) 2009 Guidelines for port state control under the revised MARPOL Annex VI. In IMO Doc MEPC 59/24/Add.1.
IMO. (2011a). Resolution MEPC.203(62) Inclusion of regulations on energy efficiency for ships in MARPOL Annex VI. In IMO Doc MEPC 62/24/Add.1.
IMO. (2011b). Generic guidelines for developing IMO goal-based standards. In IMO Doc MSC.1/Circ.1394.
IMO. (2014). Resolution MEPC.254(67) 2014 Guidelines on survey and certification of the energy efficiency design index (EEDI). In IMO Doc MEPC 67/20.
IMO. (2015). 2014 Guidelines on survey and certification of the energy efficiency design index (EEDI), as amended (Resolution MEPC.245(67), as amended by Resolution MEPC.261(68)). In IMO Doc MEPC.1/Circ.855/Rev.1.
IMO. (2016a). Resolution MEPC.278(70) Data collection system for fuel oil consumption of ships. In IMO Doc MEPC.70/18/Add.1.
IMO. (2016b). Resolution MEPC.282(70) 2016 Guidelines for the development of a ship energy efficiency management plan (SEEMP). In IMO Doc MEPC.70/18/Add.1.
IMO. (2017). Status of Treaties 2017. http://www.imo.org/en/About/Conventions/StatusOfConventions/Documents/Status%20of%20Treaties.pdf. Accessed 18 November 2017.
International Convention for the Prevention of Pollution from Ships. (1983). 1973, Nov. 2, 1973, 1340 U.N.T.S. 61.
Jelley, N. (2017). Efficiency. In A Dictionary of energy science. doi: https://doi.org/10.1093/acref/9780191826276.001.0001.
MCA. (2012). Pollution-Entry into force of the energy efficiency design index. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441041/MGN_462.pdf. Accessed 18 Nov 2017.
M Gillespie & Co v James Howden & Co. (1885). 12 R 800.
Nikaki, T. (2016). Slow steaming clauses and international sales contracts: A successful marriage? In B. Soyer & A. Tettenborn (Eds.), International trade and carriage of goods (1st ed., pp. 15–55). Oxon: Informa.
OCIMF. (2017). Ship inspection report programme. https://www.ocimf.org/sire/about-sire/. Accessed 18 November 2017.
Shipbuilder’ Association of Japan (SAJ form). (1974).
UK. (1999). Miscellaneous Series 029/1999: Cm4427.
Further Reading
Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships. (1973). Feb. 17, 1978, 1340 U.N.T.S. 61.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2018 Springer International Publishing AG, part of Springer Nature
About this chapter
Cite this chapter
Fakhry, A., Bulut, B. (2018). MARPOL Energy Efficiency: Verging on Legal Inefficiency?. In: Ölçer, A., Kitada, M., Dalaklis, D., Ballini, F. (eds) Trends and Challenges in Maritime Energy Management. WMU Studies in Maritime Affairs, vol 6. Springer, Cham. https://doi.org/10.1007/978-3-319-74576-3_2
Download citation
DOI: https://doi.org/10.1007/978-3-319-74576-3_2
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-74575-6
Online ISBN: 978-3-319-74576-3
eBook Packages: Law and CriminologyLaw and Criminology (R0)