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Policy recommendations for international regulations addressing air pollution from ships

Ward Van Roy, Jean-Baptiste Merveille, Annelore Van Nieuwenhove, Kobe Scheldeman and Frank Maes (UGent)
(2024) MARINE POLICY. 159.
Author
Organization
Abstract
Since 2015, Belgium has undertaken remote measurement activities to monitor SO2 and NOx emissions from ships to single out ships for on-board inspections in ports. One of the main challenges in enhancing the enforcement capabilities revolves around using these remote measurements as legal evidence. Previous studies have demonstrated that when an appropriate measurement uncertainty is taken into account, remote measurements can provide scientifically reliable evidence to verify compliance to fuel sulphur standards (FSC) and even to NOx emission limits described by MARPOL Annex VI. Nonetheless, remote SO2 and NOx measurements have so far not been used for direct legal action. In the first section of this article, the potential use of these remote measurements as legal evidence within international and national legal instruments is examined. Furthermore, while there are guidelines to enforce compliance with FSC standards in port, there are currently no recognized methods to enforce real-world NOx emissions at sea. In this context, standardized remote measurement procedures could potentially become a valuable tool in combination with specific vessel data (keel laying year, engine rated speed, power, …), in establishing an enforcement mechanism for NOx. This would require specific changes to the current NOx regulations. Within the Bonn Agreement, the MARPOL Annex VI Working Groups identified certain regulatory gaps that need to be addressed in order to effectively reduce emissions from ships and improve enforcement capacity. In the second part of this article a critical analysis of these recommendations and the results of these discussions towards new regulations is presented.
Keywords
Law, Management, Monitoring, Policy and Law, Economics and Econometrics, General Environmental Science, Aquatic Science, Agreement, Bonn, Continuous emission monitoring systems, Exhaust gas cleaning systems, Emission Control Area, MARPOL Annex VI, Remote monitoring ship emissions

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MLA
Van Roy, Ward, et al. “Policy Recommendations for International Regulations Addressing Air Pollution from Ships.” MARINE POLICY, vol. 159, 2024, doi:10.1016/j.marpol.2023.105913.
APA
Van Roy, W., Merveille, J.-B., Van Nieuwenhove, A., Scheldeman, K., & Maes, F. (2024). Policy recommendations for international regulations addressing air pollution from ships. MARINE POLICY, 159. https://doi.org/10.1016/j.marpol.2023.105913
Chicago author-date
Van Roy, Ward, Jean-Baptiste Merveille, Annelore Van Nieuwenhove, Kobe Scheldeman, and Frank Maes. 2024. “Policy Recommendations for International Regulations Addressing Air Pollution from Ships.” MARINE POLICY 159. https://doi.org/10.1016/j.marpol.2023.105913.
Chicago author-date (all authors)
Van Roy, Ward, Jean-Baptiste Merveille, Annelore Van Nieuwenhove, Kobe Scheldeman, and Frank Maes. 2024. “Policy Recommendations for International Regulations Addressing Air Pollution from Ships.” MARINE POLICY 159. doi:10.1016/j.marpol.2023.105913.
Vancouver
1.
Van Roy W, Merveille J-B, Van Nieuwenhove A, Scheldeman K, Maes F. Policy recommendations for international regulations addressing air pollution from ships. MARINE POLICY. 2024;159.
IEEE
[1]
W. Van Roy, J.-B. Merveille, A. Van Nieuwenhove, K. Scheldeman, and F. Maes, “Policy recommendations for international regulations addressing air pollution from ships,” MARINE POLICY, vol. 159, 2024.
@article{01HFH0F7KK65TK564KCPCXDQR8,
  abstract     = {{Since 2015, Belgium has undertaken remote measurement activities to monitor SO2 and NOx emissions from ships to single out ships for on-board inspections in ports. One of the main challenges in enhancing the enforcement capabilities revolves around using these remote measurements as legal evidence. Previous studies have demonstrated that when an appropriate measurement uncertainty is taken into account, remote measurements can provide scientifically reliable evidence to verify compliance to fuel sulphur standards (FSC) and even to NOx emission limits described by MARPOL Annex VI. Nonetheless, remote SO2 and NOx measurements have so far not been used for direct legal action. In the first section of this article, the potential use of these remote measurements as legal evidence within international and national legal instruments is examined. Furthermore, while there are guidelines to enforce compliance with FSC standards in port, there are currently no recognized methods to enforce real-world NOx emissions at sea. In this context, standardized remote measurement procedures could potentially become a valuable tool in combination with specific vessel data (keel laying year, engine rated speed, power, …), in establishing an enforcement mechanism for NOx. This would require specific changes to the current NOx regulations. Within the Bonn Agreement, the MARPOL Annex VI Working Groups identified certain regulatory gaps that need to be addressed in order to effectively reduce emissions from ships and improve enforcement capacity. In the second part of this article a critical analysis of these recommendations and the results of these discussions towards new regulations is presented.}},
  articleno    = {{105913}},
  author       = {{Van Roy, Ward and Merveille, Jean-Baptiste and Van Nieuwenhove, Annelore and Scheldeman, Kobe and Maes, Frank}},
  issn         = {{0308-597X}},
  journal      = {{MARINE POLICY}},
  keywords     = {{Law,Management, Monitoring, Policy and Law,Economics and Econometrics,General Environmental Science,Aquatic Science,Agreement,Bonn,Continuous emission monitoring systems,Exhaust gas cleaning systems,Emission Control Area,MARPOL Annex VI,Remote monitoring ship emissions}},
  language     = {{eng}},
  pages        = {{11}},
  title        = {{Policy recommendations for international regulations addressing air pollution from ships}},
  url          = {{http://doi.org/10.1016/j.marpol.2023.105913}},
  volume       = {{159}},
  year         = {{2024}},
}
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