Reduction of Emissions of Greenhouse Gas (GHG) from Ships - Prevention of Pollution of the Marine Environment from Vessels - page 107

ships, 26 new ships which have undergone a major conversion 27 and new or existing
ships which have undergone a major conversion that is so extensive that the ship is
regarded by the Administration as a newly-constructed ship. 28
The ships to which EEDI is applicable are required to attain EEDI using a
formula prescribed by Regulation 21 of Annex VI of the MARPOL Convention.
This regulation prescribes different levels of reduction targets for bulk carrier, gas
carrier, tanker, container ship, general cargo ships, refrigerated cargo carrier, and
combination carrier. 29 The regulation prescribes a progressive increase in reduction
target over four phases: Phase 0-1 Jan 2013-31 Dec 2014; Phase 1-1 Jan 2015-31
Dec 2019; Phase 2-1 Jan 2020-31 Dec 2024; Phase 3-1 Jan 2025 and beyond. It is
assumed that the shipping sector will be able to take more onerous emission
reduction targets with the progressive advancement of applicable technology and
equipment. However, there is scope for reconsidering this target. According to
Regulation 21(6) of the MARPOL Convention, “At the beginning of Phase 1 and at
the midpoint of Phase 2, the Organization shall review the status of technological
developments and, if proven necessary, amend the time periods, the EEDI reference
line parameters for relevant ship types and reduction rates set out in this regula-
tion”. 30 There is scope for increasing or decreasing the target depending on the level
of technological development.
Unlike previous IMO legal instruments relating to the prevention of vessel-
source pollution, the EEDI regulation does not prescribe any specific equipment or
technology. According to the IMO, it “is a non-prescriptive, performance-based
mechanism that leaves the choice of technologies to use in a specific ship design to
the industry. As long as the required energy efficiency level is attained, ship
designers and builders are free to use the most cost-efficient solutions for the ship
to comply with the regulations”. 31 The attained EEDI shall be calculated taking into
26 “New ship” means a ship: 1. for which the building contract is placed on or after 1 January 2013;
or 2. in the absence of a building contract, the keel of which is laid or which is at a similar stage of
construction on or after 1 July 2013; or 3. the delivery of which is on or after 1 July 2015.
MARPOL 73/78, Annex VI Reg. 2.3.23.
27 “Major conversion” means in relation to Chapter 4 a conversion of a ship: 1. which substantially
alters the dimensions, carrying capacity or engine power of the ship; or 2. which changes the type
of the ship; or 3. the intent of which in the opinion of the Administration is substantially to prolong
the life of the ship; or 4. which otherwise so alters the ship that, if it were a new ship, it would
become subject to relevant provisions of the present Convention not applicable to it as an existing
ship; or 5. which substantially alters the energy efficiency of the ship and includes any modifica-
tions that could cause the ship to exceed the applicable required EEDI as set out in regulation 21.
MARPOL 73/78, Annex VI Reg. 2.3.24.
28 Ibid.
29 Ibid.
30 Ibid.
31 IMO, Technical and Operational Measures, http://www.imo.org/OurWork/Environment/
PollutionPrevention/AirPollution/Pages/Technical-and-Operational-Measures.aspx , last accessed
on 6 September 2013.