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EU Sulphur Directive 2005/33/EC

Frequently Asked Questions on the ‘At Berth’

requirements

LR Version 1.0

Date: 9 December 2009

EU Sulphur Directive 2005/33/EC

Frequently Asked Questions on the ‘At berth’ requirements

EU Directive 2005/33/EC

EU Directive 2005/33/EC amends an earlier Directive, 1999/32/EC, relating to a reduction in

the sulphur content of certain liquid fuels which itself amended Directive 93/12/EEC.

One aspect of the 2005/33/EC amendments is Article 4b which requires that, from 1 January

2010, the fuel oil used by ships while ‘at berth’ in EU ports is to be limited to 0.1% m/m

maximum sulphur content.

The particular requirements within Article 4b are:

The change-over to this 0.1% m/m maximum sulphur fuel oil is to be undertaken as

soon as possible after arrival and from it as late as possible prior to departure.

The times of these change-overs are to be recorded in the ship’s logbook.

These ‘at berth’ requirements to not apply to:

(a) ships which are, according to published timetables, due to be at berth for less

than 2 hours;

(b) certain named ships as given in the Directive; or

(c) ships which switch off all engines and use shore-side electricity while at berth

in ports.

1.  Do these requirements apply to all ships?

Yes, the requirements apply to all ships irrespective of flag (EU or non-EU), ship type,

date of construction or tonnage.

2.  ‘At berth’ – what is meant by this term?

This covers ships in EU ports which are secured at anchor, on moorings (including

single buoy moorings) or alongside irrespective of whether they are working cargo or

not.

3.  Does this requirement apply to all ports in EU countries?

The requirement does not apply to ports in the ‘outermost regions’. The ‘outermost

regions’ are the French overseas departments, the Azores, Madeira, and the Canary

Islands provided, in each case, local air quality standards are maintained.

4.  Does this requirement apply whenever a ship is anchored in EU waters?

Since the requirement is given as ‘…ships at berth in EU ports…’ it would be

considered that if a ship anchors within EU waters but outside a zone controlled by a

particular port or navigation authority (i.e. to effect repairs or awaiting orders) then the

requirement does not apply.

5.  Are shipyards or ship repair facilities considered to be ‘ports’?

The Directive does not define the term ‘port’ however since the overall objective is to

restrict the sulphur emissions from stationary ships then such facilities should be

considered as included as ‘ports’.

6.  Why is it that ‘at berth’ is the part of a ship’s operations which is being

controlled by these requirements?

Studies, including Lloyd’s Register’s Marine Exhaust Emission Research Programme,

have identified stationary ships as being particular point sources of air pollution and

hence, by controlling the maximum sulphur content of the fuels used ‘at berth’, this

will directly reduce the sulphur oxides (SO

) and related particulate matter emissions.

x

7.  Could a residual fuel oil be used ‘at berth’?

In theory yes since it is only the maximum sulphur content which is stipulated, not the

fuel type. However, in practice it must be expected that generally only distillate grade

type fuels will be produced which meet the 0.1% m/m maximum sulphur limit.

Consequently, throughout this review wherever the term ‘residual fuel oil’ is used it

implies a fuel with sulphur content above 0.1% m/m.

8.  Is it required that only gas oil is used ‘at berth’?

No, it is only the maximum sulphur content which is stipulated. However, in practice

it must be expected that generally only distillate grade type fuels will be produced

which meet the 0.1% m/m maximum sulphur limit.

FOBAS ‘At Berth’  FAQ_V1  Page 1

9.  What ISO 8217 DM grade fuels would be acceptable for use while ‘at berth’?

In the ISO 8217:2005 specification the DMA grade is limited to 1.50% m/m

maximum sulphur content and the DMB and DMC grades to 2.00% m/m. Hence, to be

compliant any of these fuel grades must be ordered with a tighter sulphur specification,

0.1% m/m maximum, than that given in the 2005 version of the specification.

10.  What is meant by ‘m/m’ after the figure of 0.1%?

The ‘m/m’ term indicates the percentage on a mass basis - % mass. This is the

standard means of stating the sulphur test result. Previously this may alternatively

have been given in terms of % weight.

11.  What sulphur test method is applicable?

For marine fuels – ISO 8754:1992 is the given method however this method has been

subsequently revised to ISO 8754:2003. The differences between the two methods are

not expected to be significant in terms of the result obtained.

12.  What margin would be expected between the sulphur content of fuel oils as

delivered and the limit of 0.1% m/m maximum?

In many instances this 0.1% m/m sulphur limit will be the production driver of these

fuels limiting what source streams can be used and the respective proportions. The

possible exception to this will be where gas oil grade fuels originally intended for

automotive applications (EU limit 10 mg/kg – 0.001%) are supplied to ships. This

may be as a result of supplier convenience – particularly ships (such as yachts) which

bunker by road tanker remote from the main bunker ports.

13.  What issues are there in view of the expected narrow margin between as loaded

and limit sulphur values?

Ideally any fuel oil stem, including gas oils, would be stored onboard separate from

other deliveries so that if problems are encountered with a particular fuel the issue can

be contained and other, known performance fuel oils, are not degraded as a result of

mixing. However with the gas oil grades this is often not possible with current ship

designs and in any case there are not the same potential incompatibility problems as

there are with the residual fuel oils. Nevertheless, with the 0.1% m/m maximum

sulphur fuel oils as the actual value will normally only be marginally below that limit

there will be very little, or no, tolerance to mixing with other higher sulphur content

fuel oils and still remaining compliant. Consequently, particular care will be required

during the loading, storage, transfer or treatment of these 0.1% m/m maximum fuel

oils to ensure that they are not mixed with other, higher sulphur content, fuel oils –

either by intent or due to remaining quantities in tanks or pipes.

14.  What are the implications for a ship, which also operates outside the EU, which

does not have the capability to handle two different grades of gas oil?

Under this circumstance it would probably be necessary that the ship only uses gas oil

with a maximum sulphur content of 0.1% m/m even at sea and at ports outside the EU.

FOBAS ‘At Berth’  FAQ_V1  Page 2

15.  What onboard inspection of a ship may be undertaken to verify that 0.1%

maximum sulphur fuel oil is being used?

In the first instance the relevant Bunker Delivery Notes (BDN), which under

MARPOL Annex VI reg. 18 are required to be retained onboard for a minimum of 3

years from the date of delivery, would be inspected together with the Oil Record Book

detailing into which tanks that fuel was loaded. However the BDN only shows the

sulphur content of the fuel as received. It is necessary that during loading, storage,

transfer, treatment and use (other than during the change-over process) that the fuel

has not been mixed with other, higher sulphur content, fuel oils in order for it to

remain compliant. Consequently the inspector may require a sample of the fuel oil

being used to be drawn which would then be analysed to verify that the fuel was

compliant.

16.  Article 6 of the Directive gives that ‘…sampling shall commence within six

months of the date on which the relevant limit for maximum sulphur content in

the fuel comes into force.’ Does this mean that there will be a six month period

until July 2010 over which the ‘at berth’ requirements will not be enforced?

This clause relates to Articles 3 and 4 of the Directive and in any case gives

‘…within..’ not a full six month exclusion. The ‘at berth’ requirements are given

under Article 4b and hence the inspection regime given under Article 6(1a) would

apply which gives no such period of grace before the requirements will be enforced.

17.  Is it possible to detect the level of sulphur content in the fuel being used without

boarding a ship?

There are certain air quality measurement techniques which could be used which, by

focusing a beam across the gas plume issuing from the funnel, would detect the

sulphur oxide concentration levels. This data may then be used to target onboard

inspections of ships where it was suspected that fuel oil with higher sulphur content

than that required was being used.

18.  What technical concerns are there in respect of the use of 0.1% m/m maximum

sulphur distillates?

There are a number of possible technical issues to be aware of:

(a) low viscosity

(b) poor lubricity

(c) unacceptable or undesirable blend components

(d) potential power shortfall

(e) engine starting problems

(f) cleaning action

(g) attention to pre-heating control

(h) correct settings for boiler safety and combustion control systems

These are covered in greater detail in FOBAS Bulletin 05/2009.

FOBAS ‘At Berth’  FAQ_V1  Page 3

19.  What specific concerns are there with regard to the supply of automotive type

fuels to ships?

The concerns identified relating to the use of 0.1% m/m maximum sulphur fuel oils

will tend to be intensified in those instances where automotive fuels have been

supplied. Furthermore, automotive gas oils are often found to have flash point values

below the statutory minimum of 60

o

C for marine fuel oils used in machinery spaces

and hence are unfit for such service. An additional concern would be in those

instances where such fuels are supplied as a result of not having met one or other of

the quality specification for automotive use and the implications of that on their

usability in marine engines or other combustion machinery.

20.  The change-over requirement does not apply to ships which are ‘at berth’ for less

than two hours?

No, the ‘two hours’ given in the Directive only applies where there is a published

timetable (i.e. in the case of ferries on scheduled services) which gives that the time ‘at

berth’ is less than two hours. There is not a general exemption for ships which will be

‘at berth’ for less than two hours.

21.  What engines or other combustion devices need to be changed-over to a 0.1%

m/m maximum sulphur fuel oil?

Only those engines, boilers, incinerators or other combustion devices which are to be

used while the ship is ‘at berth’ need to be changed-over to a 0.1% m/m maximum

sulphur fuel oil. Consequently, attention is also necessary to intermittently operated

combustion machinery with separate, stand-alone, ready use tanks, such as

incinerators, to ensure that the fuel in those tanks is duly compliant.

22.  Do the ‘at berth’ requirements apply to main engines?

Only in machinery arrangements where the engines used for propulsion are also used

to supply power for other purposes while the ship is ‘at berth’. This would include:

(a) diesel-electric systems where the engines also provide power for ship, engine room

or cargo services; or

(b) where a propulsion engine is declutched from the propeller and either idles or

provides power to a generator, pump or other devices.

23.  Is the circulation of heated residual fuel oil through an engine allowed while ‘at

berth’?

The circulation of heated residual fuel oil through an engine (main or auxiliary) in

order to maintain readiness would be permitted as that does not constitute ‘use’ within

the meaning of the Directive as the fuel oil is not being combusted.

24.  If an engine, which is normally operated on residual fuel oil, is subject to repair is

it allowed to test that engine on that grade of fuel oil while ‘at berth’ for the

purpose of verifying engine is ready for service?

While Article 1 (2)(a) gives that the requirements would not apply to fuels used for

‘…purposes of research and testing’ it would be understood that ‘ ..testing… ’ as

given therein would not cover the subject scenario.

FOBAS ‘At Berth’  FAQ_V1  Page 4

25.  Do the ‘at berth’ requirements apply to main boilers as installed, for example, on

LNG tankers?

The requirements apply to any fuel oil used by such boilers. Since there can be

significant issues associated with the ‘on load’ use of gas oil type fuel oils in such

boilers reference should be made to manufacturers recommendations, relevant

statutory and classification society rule requirements together with various other

publications which have been produced on this topic, for example those from Lloyd’s

Register: Classification News 35/2009 and ‘Guidance Notes for Design Appraisal of

Main and Auxiliary Boilers Operating on Low Sulphur Distillate Oil, November 2009’.

26.  Do the ‘at berth’ requirements apply to auxiliary boilers?

The requirements apply to any fuel oil used by all sizes of auxiliary boiler from the

relatively large water tube boilers installed on some motor tankers through to those

which are essentially simply hot water heaters. As with main boilers, there can be

significant issues associated with the ‘on load’ use of gas oil type fuel oils in such

boilers consequently reference should be made to manufacturers recommendations,

relevant statutory and classification society rule requirements together with various

other publications which have been produced on this topic, for example those from

Lloyd’s Register: Classification News 35/2009 and ‘Guidance Notes for Design

Appraisal of Main and Auxiliary Boilers Operating on Low Sulphur Distillate Oil,

October 2009’.

27.  The Directive mentions that the ‘at berth’ requirements to not apply to ships

which ‘…switch off all engines and use shore-side electricity while at berth …’

hence would it be possible in such circumstances to still use a fuel oil with a

sulphur content above 0.1% m/m in boilers which provide steam to, for example,

cargo pump turbines?

It is probable that this would not be accepted by the authorities as being in compliance

with the Directive since the key requirement, as given in point 1 of Article 4b, is that

‘…ships shall not use….’ rather than only some types of combustion devices being

controlled.

28.  If a ship, which uses shore-side electricity when alongside, is required to anchor

in an EU port is it allowed to use a fuel with a sulphur content above 0.1% m/m

while at anchor?

No since to be covered by this exemption it would be necessary that there is the

required infrastructure for shore-side electricity to be supplied also to ships which are

anchored.

29.  Do the requirements apply to fuel oil fired inert gas generators?

Although such units typically incorporate a water wash stage (which will tend to

remove most the sulphur oxides from the resulting inert gas stream) and do not

directly vent the gases produced to the atmosphere, except when in purge mode, there

is no specific exemption for this type of combustion device given within the Directive.

Consequently, it should be concluded that the requirements do apply to these devices.

FOBAS ‘At Berth’  FAQ_V1  Page 5

30.  When is a ship considered to have ‘arrived’?

Since the requirement applies to ships which are secured, the point at which a ship is

considered to have ‘arrived’ would be when

Finished With Engines

is given.

Alternatively, for a ship at anchor, it could be when the anchoring crew are stood

down.

31.  How long is allowed for the change-over to 0.1% m/m maximum sulphur fuel oil?

No time is stipulated in the Directive since this will differ for different fuel mixes, the

particular machinery arrangements and change-over procedures. Whatever procedures

are to be followed these should commence as soon as is reasonably possible after

arrival. The ship-owner has the option to either:

(a) change-over the grade of fuel oil in the system; or

(b) change-over the machinery in use (where there is duplicated provision).

Scenario (a) in this case the rate of change-over from a heated residual fuel oil to a

compliant gas oil will need to be managed in accordance with engine builders

guidance. Typically this will give that the rate of change of temperature should not

exceed 2

C per minute to avoid undue thermal loading and differential expansion of

o

heated components. However if change-over was to be from a non-compliant gas oil

to a compliant gas oil then the change-over time would only be that required for the

latter to be the only fuel in the supply system. The FOBAS fuel oil change-over

calculator may be of assistance in estimating the time required for the fuels in the

system to change from one to other.

Scenario (b) could, for example, apply to generator engines. The ship manoeuvres

with two generators running on residual fuel oil. On

Finished With Engines

being

given the third (or additional) generator(s), which has previously been set up to

operate on a 0.1% m/m maximum sulphur fuel oil, is started and load transferred to it

thereby enabling the previously running engines to be shut down.

32.  Is it required to have approved change-over procedures?

There should be established change-over procedures in order to meet ISM

requirements. These would ensure that the correct sequence of operations is

undertaken and would provide guidance as to the time required for the procedure to be

undertaken, the latter would prove of assistance if the local authorities questioned the

length of time taken. These procedures however do not need to be specifically

approved.

33.  With regard to arrival, what times should be recorded in the ship’s logbook?

It would be recommended that three specific entries are made as part of a block of data:

(a) the time at which the ship is considered to be ‘secured at berth’ – this would

typically be when

Finished With Engines

or equivalent (i.e. anchor crew stood

down) is given.

(b) the time at which the first action (as given in the relevant procedures) is taken

to commence the change-over of a particular combustion system or machinery

group (i.e. auxiliary engines). Where there is more than one system or group

there will be a corresponding number of start times.

(c) the time at which it is considered that a particular combustion system or

machinery group is operating only on 0.1% m/m maximum fuel oil. Where

there is more than one system or group there will be a corresponding number

of end times.

FOBAS ‘At Berth’  FAQ_V1  Page 6

34.  In which ship’s logbook should the entries be made?

The Directive is not specific hence whichever logbook is specified in the relevant

procedures. This should however be one of the logbooks which is countersigned by

either the master or chief engineer.

35.  What change-over arrangements apply to engines or other combustion devices

which are not operating when the ship arrives but are subsequently used while

the ship is ‘at berth’?

The temporary allowance for non-compliance during the change-over from a non-

compliant fuel oil to a 0.1% m/m maximum sulphur fuel oil is only for those engines

or other devices which are running on arrival. Any other machinery should have been

duly prepared before arrival to operate on a 0.1% m/m maximum sulphur fuel oil and

hence, when started while ‘at berth’, are compliant from the outset.

36.  On arrival at an EU port if a ship first goes to anchor and then later moves to a

berth alongside is it required to use a 0.1% m/m maximum sulphur fuel oil

during that passage from anchorage to berth?

It is not required to use a 0.1% m/m maximum sulphur fuel oil during that passage. As

a matter of convenience however the ship may decide to continue the usage of that

0.1% m/m maximum sulphur fuel oil in the auxiliary engines and auxiliary boiler (in

order to avoid additional change-overs) while using a residual fuel oil for the main

(propulsion) engine(s).

37.  Does being secured in a lock during passage into or out of a port count as being

‘at berth’?

No since this is only an interim stage in the overall manoeuvring process.

38.  What defines ‘departure’ time?

Departure time should be set on the basis of the time notified as when ‘engines

required for hh:mm’. In this it is recognised that the actual departure from ‘at berth’

may be later due any one of any number of factors which impact on a ship’s schedule.

39.  When should the change-over from a 0.1% m/m maximum sulphur fuel oil to

another fuel oil (i.e. residual fuel oil) commence?

In order to comply with the ‘…as late as possible before departure …’ requirement

this should be in advance of the given ‘departure’ time by the expected duration of the

change-over process as given in the ship’s change-over procedures (which itself

should include some reasonable margin to cover usual eventualities). This should be

such that the engines (and other combustion devices) are fully established on the fuel

oil to be used during departure passage prior to the first actions being taken to

‘unsecure’ the ship.

FOBAS ‘At Berth’  FAQ_V1  Page 7

40.  With regard to departure, what times should be recorded in the ship’s logbook?

It would be recommended that three specific entries are made as part of a block of data:

(a) the time given as ‘engines required for’.

(b) the time at which the first action (as given in the relevant procedures) is taken

to commence the change-over of a particular combustion system or machinery

group (i.e. auxiliary engines). Where there is more than one system or group

there will be a corresponding number of start times.

(c) the time at which it is considered that a particular combustion system or

machinery group is fully operating on the fuel to be used subsequently. Where

there is more than one system or group there will be a corresponding number

of end times.

41.  Would these change-over records be subject to inspection?

Yes, in addition to verifying that a fuel oil of the required sulphur content was being

used it is fully expected that inspectors will be particularly concerned as to whether

the necessary change-overs have been undertaken promptly after arrival and not

commenced unduly early on departure.

42.  Currently marine gas oils, as defined, used with EU territory are limited by the

Directive to 0.10% maximum sulphur content. Does this requirement continue to

apply?

No, from 1 January 2010 the ‘at berth’ requirement replaces the current marine gas oil

restriction.

43.  What is the situation as is affects a ship which is ‘at berth’ when t he

requirements enter into force?

It should be arranged that from 00:00 hrs 1 January 2010 all running combustion

machinery is operating on a 0.1% m/m maximum sulphur fuel oil.

44.  It is noted that the current requirement for ‘marine gas oils’ is expressed as

‘0.10% m/m maximum sulphur content’ whereas the ‘at berth’ requirements are

given on the basis of ‘0.1% m/m maximum sulphur fuel oil’. Is this difference in

the precision of the sulphur content correct?

Yes, these are the actual values given in the respective parts of the Directive.

45.  Are there any other restrictions on the sulphur content of fuel oils used in

addition to the ‘at berth’ requirements?

The existing Directive requirement which limits the sulphur content to 1.5% m/m of

any fuel oil used by passenger ships operating on regular services to or from EU ports

continues to apply. In addition, for those areas designated as SO

Emission Control

x

Areas (North Sea and Baltic) – SECA, the existing 1.5% m/m, together with the global

limit of 4.5% m/m, sulphur limits as introduced by MARPOL Annex VI also continue

to apply. However, from 1 July 2010 the revised MARPOL Annex VI enters into

effect (in which the SECA are restyled Emission Control Areas established to limit

SO

and particulate matter emissions – ECA-SO

) and from that date the ECA-SO

x

x

x

limit is reduced to 1.00 % m/m maximum sulphur content (0.10% m/m from 1 January

2015) as the first of a series of changes to the fuel oil sulphur limits.

FOBAS ‘At Berth’  FAQ_V1  Page 8

46.  The 2005 amendments to the Directive mention inland waterways, what controls

are applicable to ships transiting inland waterways within the EU?

The 2005 amendments introduced controls on the sulphur content of fuel oils used by

‘inland waterways vessels’ not on ‘inland waterways’ as an area of operation. In any

case a subsequent Directive, 2009/30/EC, removed all references to ‘inland waterways

vessels’ from the Sulphur Directive since these are now subject to a different set of

requirements.

47.  Are there alternatives to using 0.1% m/m maximum sulphur fuel oils?

The Directive allows for ‘…approved abatement technology…’ to be used where this

results in emissions which are no higher than those which would have been achieved

using the 0.1% m/m maximum sulphur fuel oil. With regard to SO

emission control

x

one possible technology would be exhaust gas cleaning systems – scrubbers. However

to be acceptable such devices must:

(a) continuously at least achieve the required equivalency;

(b) be fitted with continuous emission monitoring equipment; and

(c) documentation that the wash water from such systems would have no impact

on local ecosystems.

In giving such approval the Directive indicates that any relevant IMO Guidelines

should be taken into account. With regard to ‘scrubber’ type devices there are the

current Guidelines MEPC.170(57) and, in respect of the revised MARPOL Annex VI

– effective from 1 July 2010, the pending Guidelines MEPC.184(59). However, it

should be noted that this approval, in relation to the requirements of the Directive, is

by the relevant department of the Administration of each Member State of the EU in

whose ports that equipment is to be used. This approach therefore differs from that, for

example, under MARPOL Annex VI where a port State would accept the flag State’s

approval of such equipment provided that this was based on the relevant IMO

Guidelines.

48.  Could biodiesel be used to meet these ‘at berth’ requirements?

The ‘at berth’ requirements are not specifically restricted to petroleum based liquid

fuel oils and hence biodiesel – with inherently negligible sulphur content - could be

used. However it must be recognised there are particular concerns with regard to the

use of biodiesel (or biodiesel blends) in marine fuel oil systems, particularly aspects

related to long term storage stability, component corrosion and the propensity to

microbial spoilage together with the suitability of individual ship’s machinery and

ancillary equipment. It would remain that Bunker Deliver Note covering that fuel,

whether 100% biodiesel or a biodiesel / petroleum gas oil blend, should give the fuel’s

actual sulphur content.

49.  Would gas fuels be acceptable alternatives for use ‘at berth’?

The full title of the Directive includes the phrase ‘….sulphur content of certain liquid

fuels …’. Since gas fuels, whether gas fuels loaded as such (natural gas (liquid or

compressed), petroleum gases or others) or the boil-off gas encountered in LNG tanker

operations are not ‘liquid fuels’ – in the manner in which they are used by the engine

or other devices these would appear to fall outside the scope of the Directive and

hence would be usable. In any case all of these gas fuels have negligible sulphur

content.

FOBAS ‘At Berth’  FAQ_V1  Page 9

50.  Would it be acceptable to use a mix of gas fuel and a gas oil, or residual fuel oil,

with a sulphur content above 0.1% m/m?

In principle yes however the arrangement would need to be such that it complied with

the ‘abatement technology’ requirements (continuous equivalency – even at minimum

loading – and have a continuous emission monitoring system fitted). That arrangement

would need to be approved by the relevant department of the Administration of each

Member State of the EU in whose ports that arrangement is to be used. The Directive

indicates that in undertaking that approval any relevant IMO Guidelines should be

taken into account however those guidelines called for under Regulation 14(4)(c) of

MARPOL Annex VI have, as yet, still not been developed.

51.  What penalties would be applied in the case of non-compliance with the ‘at

berth’ requirements?

The Directive requires that each Member State shall incorporate into the enabling

national legislation penalties for non-compliance which are ‘... effective, proportionate

and dissuasive..’. Hence these may differ from country to country in particular form

and detail but overall is should not be less costly to not comply and be detected than to

comply. The penalties imposed may range from financial to imposition on operations

(ultimately a ship could be banned from a port, region or country).

52.  If a ship arrives at an EU port with no 0.1% m/m maximum sulphur content fuel

oil onboard is it allowed to berth, then take on the necessary bunkers and once

finished loading that fuel oil duly commences the necessary change-over

operations?

Exactly how individual Member States will handle this question remains to be seen.

From a strict application of the Directive such ships would not be accepted in EU

ports – a view expressed by the European Commission is that no ship is mandated to

operate in EU waters and ports and that if it cannot meet EU requirements it should be

employed elsewhere. In such instances it possible that the ship would be required to

take on the necessary fuel oil at an outer anchorage before proceeding further and still

be subject to penalties.

53.  What approach will taken by where a ship arrives with only a limited amount of

compliant fuel oil onboard, expecting to obtain further supplies at that port, but

such supply is (a) not available, (b) not available at a price the shipowner or

charterer is prepared to pay, or (c) cannot be physically delivered to the ship due

to barge availability / weather / strikes / or other reasons?

It is unclear what approach will be taken by individual Member States with regard to

these various scenarios, which may well differ between States. Clearly it would be

highly prudent for ship which is to be ‘at berth’ in an EU port to ensure that an

adequate quantity of compliant fuel oil, plus a reserve margin, is always retained

onboard.

FOBAS ‘At Berth’  FAQ_V1  Page 10

54.  Could the ‘fuel availability’ clause of the revised MARPOL Annex VI reg. 18 be

used to exempt a ship which does not have the required 0.1% m/m maximum

sulphur fuel oil onboard on arrival?

MARPOL Annex VI and the Sulphur Directive are two quite separate control

measures and clauses from one cannot simply be transferred to the other. In any case

the Annex VI ‘fuel availability’ clause is not to be taken as a general relaxation of the

requirements. Unlike the California Regulated Water regulations, the Sulphur

Directive does not give a detailed explanation of the line to be taken in such cases

however it must be expected that it would be ‘..effective, proportionate and

dissuasive..’.

55.  What guidance is available as to the points to be considered in respect of boilers

which are to operate on 0.1% m/m maximum sulphur fuel oil?

In addition to that available from the manufacturers and statutory authorities Lloyd’s

Register has published ‘Guidance Notes for Design Appraisal of Main and Auxiliary

Boilers Operating on Low Sulphur Distillate Oil’ which should be referenced.

56.  What guidance is available as to the points to be considered in respect of engines

and other combustion devices which are to operate on 0.1% m/m maximum

sulphur fuel oil?

In addition to that available from the manufacturers and statutory authorities FOBAS

Bulletin 05/2009 outlines a number of possible issues which will need to be

considered. Furthermore, the Lloyd’s Register ‘Guidance Notes for Design Appraisal

of Main and Auxiliary Boilers Operating on Low Sulphur Distillate Oil’ also contains

useful information and guidance.

57.  Do modifications to a ship’s equipment and systems which are necessary to meet

the ‘at berth’ requirements need to be approved by the ship’s classification

society?

Yes in so far as they affect aspects subject to the classification society requirements.

58.  What will be the case if it is necessary for a ship to have certain modifications to

machinery, storage arrangements, piping or control systems before being able to

use a 0.1% m/m maximum sulphur fuel oil but those modifications have not yet

been installed?

Again it very much depends on the range of views which will be taken by the

individual Member States. On one side it may be considered that there has been ample

time between the publication of the 2005 amendments and the introduction of the ‘at

berth’ controls for any necessary modifications to have been put in place during the

course of a ship’s normal docking schedules and hence such ships would be excluded

until those modifications have been undertaken. An alternative possibility is that, on

presentation of the in place action plan to effect those modifications, a ship may be

allowed to enter but should still expect to be subject to penalties. It would be

recommended that the situation be explained to the relevant authority prior to arrival.

FOBAS ‘At Berth’  FAQ_V1  Page 11

59.  What happens if there is an emergency or breakdown in some part of the system

which therefore requires a fuel oil with sulphur content above 0.1% m/m to be

used?

Provided that reasonable measures are taken to minimise the excess emission

produced and that the situation which required that change-over was not the result of

recklessness or intent then that should be accepted without the imposition of any

penalty. Of course such occurrences would be expected to be rare events.

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FOBAS ‘At Berth’  FAQ_V1  Page 12

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