- EIAPP and ROAFS- What Are You Talking About?
- June 15, 2017 | Author: Christopher J. Anderson
- Law Firm: Robert Allen Law - Miami Office
Many brokers know that once a yacht hits a certain tonnage, or if the yacht is to be registered commercial, then there are a number of certificates that must be obtained. Many brokers also know that certain basic documents are needed to properly document a vessel, including the Certificate of Documentation/Registry and the tonnage certificate. However, two items that often are required, even on pleasure yachts, but are often overlooked are the EIAPP ("Engine International Air Pollution Prevention") certificate and the Declaration of Anti-Fouling Systems. It is also important to note that, although commonly required- because these certificates don't apply to all boats- the FYBA purchase and sale agreement doesn't specifically require the seller of a vessel to provide the documents as a condition of closing.
EIAPP Certificate: This is a certificate issued by the U.S. Environmental Protection Agency ("EPA") for US documented vessels confirming engine emissions are in accordance with the International Convention for the Prevention of Pollution from Ships (MARPOL Annex VI). The US Coast Guard and EPA require that owners of all US flagged vessels, including pleasure yachts of any size, that operate outside the United States or in a foreign port or waters have and EIAPP certificate for each diesel engine that is rated above 130kW (approximately 175 HP). The EIAPP requirements also apply to foreign flagged vessels.
The requirement applies to any engine above 130kW (i) installed on boats built, or which have undergone major maintenance, after January 1, 2000. To obtain an EIAPP certificate, you can contact the engine manufacturer, dealer, or the EPA directly if the engine manufacturer is no longer in business. Larger yachts over 400 gross tons require an additional certificate, the IAPP ("International Air Pollution Prevention") certificate.
Declaration of Anti-Fouling Systems: This is not actually a certificate, but rather a declaration signed by the yacht's owner or the owner's authorized agent stating that the boat complies with the provisions of the Anti-Fouling Convention, which regulates harmful substances in anti-fouling paints, together with proof (ie. a receipt or invoice) of such compliance; called the Record of Anti-Fouling Systems (ROAFS). All vessels 24 meters (78.74 feet) or greater in length, but less than 400 gross tons, engaged in international voyages, including pleasure yachts, must maintain the Declaration and ROAFS. Larger yachts over 400 gross tons engaged in international voyages will also require an International Anti-Fouling Systems (IAFS) certificate.
The EIAPP and Declaration of Anti-Fouling Systems are two of the most-commonly required items that you may want to have on the radar for your next yacht transaction. You can try to keep track of this yourself, of course, but sometimes it's a good idea to let the lawyer deal with all the craziness.