The European Commission (EC) has adopted a Recommendation on the safe implementation of the use of low sulphur fuel by ships at berth in ports of the European Community, having recognised that “there may be operational problems and safety risks associated with the use of the required fuels in ships that have not undergone technical adaptations,”.

From 1 January 2010, ships at berth in European Community ports will be
requested to use marine fuels with a sulphur content not exceeding 0.1%
by mass (Article 4b of Directive 1999/32/EC as amended by Directive
2005/33/EC). This has not changed. However, in consideration of their
recent safety concerns, the Commission adopted 21 December 2009 a
Recommendation aimed at Member States, which invites them, while
enforcing the Directive, to consider the existence of detailed evidence
of the steps taken by ships to ensure safe compliance with the
Directive. Member States may consider the existence of an approved
retrofit plan when assessing the degree of penalties to be applied to
non-complying ships.

The cut-off date for this transitional relief will be announced when
the full text of the Recommendation is published (which we are
expecting 28 December)

INTERTANKO intervention

INTERTANKO warmly welcomes this move, coming after five years of
continuous pressure from INTERTANKO, OCIMF and others in the shipping
industry to highlight the potential operational and safety problems of
such a move.

If so requested by a Member during the transitional months, INTERTANKO
is prepared to intervene directly with any government and/or any
charterer creating a problem with any Member who has in place a
programme and timeframe for compliance including a record of
communication with boiler/machinery makers showing a plan for follow-up
action.??

Hazard identification

As part of the detailed evidence required to ensure compliance with the
EU Directive, we believe that tanker owners will be expected to provide
a HAZID assessment document.? INTERTANKO and OCIMF have jointly
published a Guidance booklet which provides a simple check list of
items which should be part of a Risk Assessment and a Hazard
Identification (HAZID) assessment for boiler systems in oil tankers
covering the switching to, and long term-operation on, low sulphur
marine gas oil (LSMGO).

It is strongly recommended that such a HAZID assessment be conducted in
cooperation with the equipment/installation manufacturer or experienced
entity and the classification society of each system type.

Charterparty Issues

Legislation regarding the reduction of sulphur in fuel is of course not
new. Members are reminded of the INTERTANKO Model Clause on Bunker
Emissions for Time Charters, developed when the low sulphur fuel
requirements of MARPOL Annex VI came into force. When our Documentary
Committee produced this clause, it also had the 2005 EU Sulphur
Directive in its sights.

This clause confirms that owners will meet the emission limits in
MARPOL Annex VI and any similar laws or regulations, which would
include the EU Sulphur Directive. Members may wish to amend the clause
to mention this specifically.

The scheme of the clause means that the charterers have an obligation
to provide the vessel with the fuel required to enable the vessel to
comply with emission controls in the ECA. Failure to do so will be a
breach by the charterers, who would then be liable to indemnify the
owners for any resulting losses. Provided the charterers have supplied
the requisite fuel, the responsibility to comply with the emissions
control requirements rests with the owners. Overall it is the owners’
responsibility to ensure that the vessel is fit to trade and can do so
safely within the trading limits laid down in the charterparty.

Our Documentary Committee is considering whether any amendment to this
clause is required to reflect the particular practical issues involved
with compliance with the EU Sulphur Directive. In the meantime we are
happy to assist with the charterparty as well as the technical issues
it raises.

Source: Intertanko

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