Pursuant to section 452 of the Maritime Transport Act 1994, Maritime New Zealand gives notice that the Marine Protection Rules Part 199: Prevention of Air Pollution from Ships, signed on 16 March 2022 and notified in the following notices:

New Zealand Gazette, 4 April 2022, Notice No. 2022-sl1290, (making Part 199)

New Zealand Gazette, 8 July 2022, Notice No. 2022-sl2813, (entry into force of initial set of Part 199 requirements)

New Zealand Gazette, 28 October 2022, Notice No. 2022-sl4618, (entry into force of second set of Part 199 requirements)

New Zealand Gazette, 29 November 2022, Notice No.2022-sl5146, (amendments to Part 199)

New Zealand Gazette, 29 November 2022, Notice No. 2022-sl5147, (lifting the suspension of section C3)

incorporate the following material by reference, also coming into force at the same time as the applicable rule in Part 199 that references the material comes into force:

In this notice:

IMO means the International Maritime Organization.

MEPC means the Marine Environment Protection Committee.

MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973, including any amendments to it that are adopted by the IMO and in force.

1. Article 2(4) of MARPOL, in rule 199.2 (definition of ship).
2. Annex VI of MARPOL, in rule 199.2 (definition of Annex VI) and in relation to all rules in Part 199.
3. IMO resolution MEPC.237(65), titled “Code for recognized organizations (RO Code)”, including any amendments to it that are adopted by the IMO and in force, in rule 199.2 (definition of recognised organisation).
4. IMO resolution MEPC.177(58), titled “Amendments to the technical code on control of emission of nitrogen oxides from marine diesel engines (NO_x Technical Code 2008)”, including any amendments to it that are adopted by the IMO and in force, in rules 199.2 (definitions of EIAPP certificate, NO_x Technical Code, and technical file), 199.3, 199.80, 199.82, 83, 199.84, 199.85, 199.86, 199.87, 199.90, 199.380, 199.382, 199.387, 199.388, 199.389, and 199.390, 199.391, 199.394, 199.621, 199.681, 199.682 and Schedule 3.
5. IMO resolution 312(74), titled “Guidelines for the use of electronic record books under MARPOL”, in rules 199.21 and 199.682.
6. 1/Circ.795/Rev.6, titled “Unified interpretations to MARPOL Annex VI”, in rules: 199.81 and 199.381.
7. IMO resolution MEPC.243(66), titled “2014 Guidelines on the approved method process”, in rules: 82(2) and 199.382(2).
8. IMO resolution MEPC.242(66), titled “2014 Guidelines in respect of the information to be submitted by an Administration to the Organization covering the certification of an approved method as required under regulation 13.7.1 of MARPOL Annex VI”, in rules 82(2) and 199.382(2).
9. MSC/Circ.585, titled “Standards for vapour emission control systems”, in rule124.
10. IMO resolution MEPC.185(59), titled “Guidelines for the development of a VOC management plan”, in rules 125 and 199.423.
11. 1/Circ.680, titled “Technical information on systems and operation to assist development of VOC management plans”, in rules 199.125 and 199.423.
12. 1/Circ.719, titled “Technical information on a vapour pressure control system in order to facilitate the development and the update of VOC management plans”, in rules 199.125 and 199.423.
13. IMO resolution MEPC.244(66), titled “2014 Standard specification for shipboard incinerators”, in rules 145 and 199.445 and Schedule 3.1.12.
14. IMO resolution 76(40), titled “Standard specification for shipboard incinerators”, as amended by MEPC.93(45), in rules 199.145 and 199.445 and Schedule 3.1.12.
15. IMO resolution MEPC.244(66), titled “2014 standard specification for shipboard incinerators”, in rules 145 and 199.445 and Schedule 3.1.12.
16. IMO resolution MEPC.59(33), titled “Revised guidelines for the implementation of Annex V of MARPOL 73/78”, in rules 199.145 and 199.445.
17. IMO resolution MEPC.182(59), titled “2009 Guidelines for the sampling of fuel oil for determination of compliance with the revised MARPOL Annex VI”, in rule 163.
18. 1/Circ.889, titled “2020 Guidelines for on board sampling of fuel oil intended to be used or carried for use on board a ship”, in rules 199.164 and 199.464.
19. IMO resolution MEPC.320(74), titled “2019 Guidelines for consistent implementation of the 0.50% sulphur limit under MARPOL Annex VI”, in rules 166 and 199.466.
20. IMO resolution MEPC.245(66), as amended by IMO resolutions MEPC.263(68) and MEPC.281(70), titled “2014 Guidelines on the method of calculation of the Attained Energy Efficiency Design Index (EEDI) for new ships”, in rules 184 and 199.484.
21. IMO resolution MEPC.308(73), as amended by IMO resolutions MEPC.322(74) and MEPC.332(76), titled “2018 Guidelines on the method of calculation of the Attained Energy Efficiency Design Index (EEDI) for new ships”, in rules 184 and 199.484.
22. IMO resolution MEPC.333(76), titled “2021 Guidelines on the method of calculation of the Attained Energy Efficiency Existing Ship Index (EEXI)”, in rules 186 and 199.486.
23. IMO resolution MEPC.336(76), titled “2021 Guidelines on operational carbon intensity indicators and the calculation methods (CII guidelines, G1)”, in rules 188 and 199.488.
24. IMO resolution MEPC.337(76), titled “2021 Guidelines on the reference lines for use with operational carbon intensity indicators (CII reference lines guidelines, G2)”, in rules 188 and 199.488.
25. IMO resolution MEPC.338(76), titled “2021 Guidelines on the operational carbon intensity reduction factors relative to reference lines (CII reduction factors guidelines, G3)”, in rules 188 and 199.488.
26. IMO resolution MEPC.339(76), titled “2021 Guidelines on the operational carbon intensity rating of ships (CII rating guidelines, G4)”, in rules 188 and 199.488.
27. IMO resolution 282(70), titled “2016 Guidelines for the development of a Ship Energy Efficiency Management Plan (SEEMP)”, in rules 199.201 and 199.501.
28. 1/Circ.855/Rev.2, titled “2014 Guidelines on survey and certification of the Energy Efficiency Design Index (EEDI), as amended”, in rule 199.682.
29. IMO resolution MEPC.230(65), titled “2013 Guidelines as required by regulation 13.2.2 of MARPOL Annex VI in respect of non-identical replacement engines not required to meet the Tier III limit”, in rule 682.
30. 1/Circ.679, titled “Guidelines for the application of the NO_x Technical Code relative to certification and amendments of Tier I engines”, in rule 199.682.
31. IMO resolution A.1140(31), titled “Survey guidelines under the Harmonized System of Survey and Certification (HSSC), 2019”, in rule 682.
32. 1/Circ.892, titled “Guidelines for exemption of unmanned non-self-propelled (UNSP) barges from certain survey and certification requirements under the MARPOL Convention”, in rules 199.643 and 199.682.

Availability of Material for Inspection

The material incorporated by reference described above is available for inspection free of charge by appointment at the Maritime New Zealand office, Level 11, 1 Grey Street, Wellington, during office hours.

Availability of Material for Access or Purchase

The IMO resolutions incorporated by reference may be accessed or purchased from the publications website of the IMO, where publications are searchable according to name and Code: http://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions.

Alternatively, some publications are linked on the website of Maritime New Zealand: MARPOL Annex VI and documents incorporated by reference in Marine Protection Rules Part 199 - Maritime NZ.

Dated at Wellington this 24th day of November 2022.

JACQUELYN YEATES, Manager Regulatory Reform Projects, Maritime New Zealand.