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.
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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.”
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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.
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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
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