MARPOL’s energy efficiency measures: Legal considerations
(Research Associate, Suleyman Demirel University (LLB (Marmara), LLM (Manchester), PhD (Southampton))
(Associate Professor, World Maritime University (LLB, LLM (Montreal), MMM (Dalhousie), PhD (Southampton))
New regulations on energy efficiency of ships were added to the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex VI in 2011 and came into force on 1 January 2013.The Energy Efficiency Design Index (EEDI) for new ships and the Ship Energy Efficiency Management Plan (SEEMP) for both new and existing ships of 400 gross tonnage and above are mandatory.This paper aims at critically analysing ship energy efficiency measures ie, the EEDI and SEEMP, from the legal point of view.
The analysis is divided into three parts. Firstly, the nature and character of the EEDI and SEEMP will be examined. The EEDI and SEEMP are characterized as performance standards and were generated in accordance with the IMO’s goal-based standards.Goal-based standards are said to set goals that allow alternative ways of achieving compliance; they therefore provide greater freedom in the development of solutions to rapid technological changes.This paper challenges the effectiveness of goal-based standards for the EEDI and SEEMP from a legal perspective.
Secondly, as the EEDI and SEEMP have been incorporated as a separate Chapter 4 into the Annex VI of MARPOL, the issue of how they should be viewed and enforced in connection with the Annex’s other chapters, especially those regulating specific types of air pollution, and the rest of MARPOL, is examined in detail.
Lastly, the EEDI and SEEMP have had an impact commercially. This paper attempts to survey the existing and developing contractual provisions meant to cover compliance with the MARPOL provisions.