Fuel Oil Sulphur Cap

This Bulletin applies to all merchant ships on all voyages.

As you are aware, the IMO has agreed a global cap of 0.50% on sulphur content for fuels used on board, to be implemented on 1 January 2020. The global cap is a mandatory requirement and is applicable to all ships on all voyages, covering all fuel carried on board for consumption – this includes fuel used in emergency systems (emergency generator, lifeboats, rescue boat, etc.). Ships may be allowed to carry unconsumed fuel with sulphur content exceeding 0.50% for a period of two months, however consumption of such fuel beyond 1 January 2020 is not permitted. Ships having such fuel on board after 1 January 2020 must make plans to debunker the non-compliant fuel prior to 1 March 2020.

You should therefore plan for transition to compliant fuel oil on board your ships leading up to 1 January 2020, unless the ship is fitted with an approved equivalent under Regulation 4 of MARPOL Annex VI.

The introduction of the marine fuel sulphur cap does not affect existing marine fuel sulphur content limitations for ships operating in Emission Control Areas as outlined in Regulation 14.2 of MARPOL Annex VI.

The Barbados Maritime Ship Registry (BMSR) therefore recommends that all companies operating Barbadian flagged ships allow plenty of time to prepare a detailed ship specific implementation plan – MEPC circular MEPC.1/Circ.878 contains guidance and an indicative example Ship Implementation Plan (SIP). The circular highlights the most commonly expected issues in relation to the sulphur cap but should not be seen as a comprehensive list of all potential difficulties that may be encountered on individual ships. The Recognised Organisation which issues the ship’s International Air Pollution Prevention Certificate should be contacted.

We further recommend that you make enquiries with your regular bunker suppliers and/or charterers who are responsible for bunker stemming now to ensure plans are in place for each ship to have guaranteed compliant fuel oil on board by the end of December 2019. If fuel oil for ship’s consumption is being provided by the charterers, it is recommended that consideration be given to the introduction of a fuel quality clause within the charter party agreement. The clause should stipulate the Company and charterers’ duties in respect of fuel oil procurement from outside sources, as well as outline the responsibilities of each party in respect of fuel oil supply, storage, preparation and handling to ensure that the fuel oil on board remains compliant, in case of any future disputes or potential sanctions by Port State Control. Where, despite all reasonable efforts, compliant fuel may not be received at the scheduled port of call, and no feasible alternative exists, the ship will be required to prepare and submit a Fuel Oil Non-Availability Report (FONAR) as indicated in Section 5 of IMO Resolution MEPC.320(74). An example format of a FONAR can be found at  page 12 (of 19) here:  https://www.mardep.gov.hk/en/msnote/pdf/msin1917anx1.pdf FONARs should be submitted to both the BMSR and the necessary authorities of the port of destination. In addition to submission of a FONAR, the BMSR recommends that the Master prepares a Letter of Protest addressed to the local authorities in the port where compliant fuel was not available.

Note that the submission of a FONAR does not exempt the ship from the requirement to consume compliant fuel oil. The FONAR provides documented background information to the authorities of the port of destination, as well as the BMSR, to determine whether any enforcement actions or penalties may be applicable in each individual case. Notwithstanding submission of a FONAR, the Company must try to obtain compliant fuel at the earliest opportunity. Follow-up actions when arranging the provision of compliant fuel oil following bunkering of non-compliant fuel under a FONAR should include assessment of necessity and practical arrangements to de-bunker any remaining non-compliant fuel at the first port where compliant fuel is available and specific preparations to ensure bunker tanks and fuel transfer, treatment and preparation systems are sufficiently cleaned and are suitable for compliant fuel without the risk of contamination by residues of non-compliant fuel. Such actions may include tank cleaning, system pipelines and equipment flushing or mechanical cleaning. FONARs and all related documents, including any applicable emails, are to be retained on board for at least 3 years following the date of submission.

It is the Company’s responsibility to conduct a timely assessment of the potential effect of continuous use of low-sulphur compliant fuel on the ship’s machinery and equipment. Where concerns exist, equipment manufacturers and Recognised Organisations should be consulted well in advance of the deadline in order to find a technical solution. Concerns about the safety of ship and machinery will not allow the ship to bunker and/or consume non-compliant fuel after 1 January 2020. The BMSR is unable to accept any requests for postponement, deviation from, or other methods of alternative compliance in respect of any ship unable to comply with Regulation 14.1.3, except those approved under the provisions of Regulation 4 of MARPOL Annex VI.

Enforcement of Regulation 14.1.3 of MARPOL Annex VI will run in parallel with enforcement of compliance with local and regional requirements relating to sulphur emissions.

In ports where the use of open loop scrubbers is not permitted, ships fitted with open loop scrubbers will be expected to consume compliant fuel.

New sample categories of “in-use sample” and “on-board sample” have been introduced to facilitate competent authorities of Parties to MARPOL to determine whether fuel oil used on board, or carried for use on board, meets the requirements of allowed sulphur content per Regulation 14.1.3 or 14.4. For this purpose, new sampling points are to be introduced on fuel systems of ships as outlined in IMO Circular MEPC.1/Circ.864/Rev.1. In-use and on-board samples will be analysed by an accredited laboratory on behalf of the competent authorities of the Party conducting the inspection and sampling. Results of sample tests will be used by the Party to establish whether a ship is consuming and/or carrying compliant fuel.

The IMO has also produced guidance for Port State Control on how non-compliant fuel oil should be addressed.

Application: all ship-owners, operators, masters and officers of merchant ships and authorised classification societies

Please be aware that we are currently investigating recent attempts by fraudsters purporting to be from Barbados Maritime administration and sending out emails that appear to have been sent out by a senior officer of the administration. Our bank account details have NOT changed, and we urge all our clients and their personnel, if there is any doubt as to the authenticity of any communication purporting to be from the Barbados Maritime administration, to contact the Ships’ Registry if you receive any similar approach.

GUIDELINES ON ANNUAL TESTING OF VOYAGE DATA RECORDERS (VDR) AND SIMPLIFIED VOYAGE DATA RECORDERS (S-VDR)

Application: all ship-owners, operators, masters and officers of merchant ships and authorised classification societies.

The IMO has issued MSC.1/Circ.1222/Rev.1 – please be guided by the attached.

313: Annual Testing of VDRs & SVDRs

Application: all ship-owners, operators, masters and officers of merchant ships and authorised classification societies.

This Bulletin supersedes Bulletin 266 which is hereby cancelled.

However, in light of recent issues in the Straits of Hormuz, this Bulletin provides some additional guidance on security when navigating in the region of the Gulf of Oman, Straits of Hormuz and the Persian Gulf.

All ships in this area are permitted to implement additional security measures for the duration of their time in the region without increasing the security, unless this is required by the coastal states. The managers/owners should ensure a complete risk assessment is carried out prior to undertaking a voyage in the region. Therefore for Barbados flagged ship, the security level remains at level 1, at this time.

Any change to a higher security level, whether it be here or any other part of the world, is to be advised to the Registry.For other countries and sea areas be guided by the government of the country or sea area for setting higher security levels.

Gulf of Aden – all ships should register in advance with MSCHOA and report to UKMTO to obtain the latest information. Operators should also ensure that their ships are following the latest edition of the Best Management Practices available on their website.

Large Commercial Yacht Standards ‘LY3’ Code

Guidance for Yacht Owners and Managers

Further to Bulletin 209, BMSR has been operating in compliance with the Large Yacht Code “LY2”, drawn up by the UK Maritime & Coastguard Agency (MCA) and applicable to large commercial yachts over 24 metres load line length and under 3000 grt.

The Large Commercial Yacht Code ‘LY3’ has been developed, by the Red Ensign Group, to enable luxury yachts to operate under an alternative set of requirements given the nature of their use. The Code applies to yachts which are 24 metres and over in load line length, are in commercial use for sport or pleasure, do not carry cargo and do not carry more than 12 passengers. While appropriate legislation is being approved by the Barbados Government, BMSR on a case by case basis will be approving the use of this code.

Owners of any planned new-buildings, however, should apply the LY3 Code to those new-buildings as will be done by any classification society that may oversee the building.

Privately Operated Yachts

A privately operated yacht, operated without any commercial charter hire whatsoever, will not need to comply with any Barbados legislation with respect to the LY3 Code, manning or operations. The BMSR policy however is to strongly recommend that private yachts comply with the LY3 Code. The reason for this recommendation is essentially to provide greater safety, by virtue of the construction, equipment, operations and manning requirements of the LY3 Code.

2016 Amendments to the Maritime Labour Convention 2006, as amended

Application: All ship-owners, operators, masters and officers of merchant ships and authorised Classification societies, Barbados Registrars and Nautical Inspectors

Further to Bulletin 296, please be advised that we have updated our DMLC Part II, section 11 to include ‘harassment and bullying’. The Maritime Labour Certificate has also been amended, to include the box allowing for the Certificate to be extended following a renewal survey, pending a new Certificate being issued. For ships already issued with full term MLC Certificates issued by this Administration, whose validity is beyond 8 January 2019, the new format will be used on completion of renewal surveys, or in case of any amendments required to the certificates such as a change of the ship’s name or a change of address of the ship owner etc.

REGULATIONS ON SULPHUR CONTENT OF FUEL OIL IN HONG KONG WATERS

Application: All ship-owners, operators, masters and officers of merchant ships and authorised Classification societies, Barbados Registrars and Nautical Inspectors

We have been advised that ships currently berthing in Hong Kong waters (excluding the first hour after arrival and the first hour prior to departure) are required to use fuel oils whose sulphur content does not exceed 0.5% by weight, liquefied natural gas or other fuels approved by the Hong Kong authorities.

However, in accordance with the “Air Pollution Control (Fuel for Vessels) Regulation”, L.N.135 of 2018, not only ships berthing, but also ships sailing in Hong Kong waters on or after 1 January 2019 shall be required to use fuel oils whose sulphur content does not exceed 0.5% by weight, liquefied natural gas or other fuels approved by the Hong Kong authorities.

In addition, the following must be recorded in the ship’s log book, and this log book, the bunker delivery note and the written procedures for conducting a switching operation must be kept on board:

1. The date and time when the ship enters Hong Kong waters;
2. The date and time when the ship exits Hong Kong waters;
3. The date, time and position of the ship when a fuel switch operation to compliant fuel is completed;
4. The volume and sulphur content of the compliant fuel carried on the ship for operating its specified machinery when a fuel switch operation to compliant fuel is completed;
5. The date, time and the position of the ship when a fuel switch operation to non-compliant fuel commences and
6. The volume and sulphur content of the compliant fuel carried on the ship for operating its specified machinery when a fuel switch operation to non-compliant fuel commences.

Escape route signs and equipment location markings

Application: All ship-owners, operators, masters and officers of merchant ships and authorised Classification societies, Barbados Registrars and Nautical Inspectors

Please be advised that during the 30th Assembly of the IMO in December 2017 it was decided that all new vessels built from the 1 January 2019 should be provided with new ISO standard safety signs as described in Resolution A.1116(30) instead of the current IMO signs.

This means that all ships constructed (keel laying date) on or after 1 January 2019, and existing ships which undergo repairs, alterations, modifications and outfitting within the scope of SOLAS Chapters II-2 and/or Chapter III as applicable, on or after 1 January 2019, will need to ensure that they are compliant with the signs listed in Tables 1, 2 and 3 in the Annex to A.1116(30).

EMISSION CONTROL AREAS – CHINA

Application: All ship-owners, operators, masters and officers of merchant ships and authorised Classification societies, Barbados Registrars and Nautical Inspectors

Further to Bulletin 284, it is advised that the Chinese government has implemented regulations limiting the sulphur content of fuel oils used on board ships to 0.5% within the following Emission Control Areas (ECAs): The Pearl River Delta, the Bohai Rim and the Yangtze River Delta. The Shanghai Maritime Safety Administration (MSA), the Jiangsu MSA and the Zhejiang MSA announced that, as of 1 October 2018, not only berthing ships but also navigating ships are required to use fuel oils in which sulphur content does not exceed 0.5%.

The outline of the regulation is as follows:

Applicable to ships voyaging, berthing and operating within the emission control areas excluding military ships, sports ships and ships involved in fishing.

Applicable date on or after 1 October 2018

For Shanghai MSA – ships navigating, anchoring or operating in Shanghai should use fuel oils which sulphur content does not exceed 0.5%. In addition, all ships installed with devices of receiving shore power should use shore power if such facilities are available in Shanghai.

For Jiangsu MSA – ships sailing into Suzhou or Nantong which are the core ports of Yangtze River Delta ECAs should use fuel oils in which sulphur content does not exceed 0.5%. In addition, ships installed with devices for receiving shore power should give priority to the use of shore power if such facilities are available in Suzhou and Nantong. Moreover, between 29 October 2018 and 11 November 2018, ships installed with devices for receiving shore power should use shore power if such facilities are available in Suzhou, Wuxi, Nantong and Changzhou.

For Zhejiang MSA – ships navigating to Ningbo or Zhoushan should use fuel oils in which sulphur content does not exceed 0.5% when operating within the Yangtze River Delta ECA. In addition, ships installed with devices for receiving shore power should give priority to the use of shore power if such facilities are available in Ningbo, Zhoushan or Jiaxing Port. Between 29 October 2018 and 11 November 2018, ships installed with devices for receiving shore power should in principle use shore power if such facilities are available in Jiaxing.

REGULATIONS ON SULPHUR CONTENT OF FUEL OIL WITHIN TAIWANESE COMMERCIAL PORTS

Application: All ship-owners, operators, masters and officers of merchant ships and authorised Classification societies, Barbados Registrars and Nautical Inspectors

We have been advised that ships intending to enter Taiwanese international commercial ports on or after 1stJanuary 2019 will be required to use a fuel oil in which the Sulphur content does not exceed 0.5% by weight. The new global limit will come into effect on 1st January 2020.

The seven international commercial ports subject to this regulation are: Keelung, Tachung, Kaohsuing, Hualien, Taipei, Suao and Anping.

It is further advised that alternative methods of complying with this regulation (e.g. the use of Exhaust Gas Cleaning System (EGCS), etc) are permitted subject to Flag Administration approval.Taiwan International Ports Corporation Ltd (TIPC) will provide rewards to ocean-going ships entering Taiwanese international ports and using fuel oils with Sulphur contents 0.5% or less, prior to 1st January 2019. A notice of rewards for the period 23 July 2018 to 31 December 2018 has also been stated: rewards will continue to be given until the total amount budgeted (45,000,000 million Taiwan Dollars) has been reached.