Sulphur Inspection Guidance by EMSA

Posted on July 20, 2015

European Maritime Safety Agency (EMSA) published document to to provide guidance for a harmonised approach to the inspection of ships, ascertaining their compliance, identifying non-compliances and applying control procedures for the enforcement of Council Directive 1999/32/EC, as regards the sulphur content of marine fuels.

The provisions of the Directive apply to all ships of all flags, including domestic shipping and those whose journey began outside the EU. It sets sulphur content limits in the marine fuels that can be used by ships in territorial seas, exclusive economic zones and pollution control zones of the EU Member States, including SOx Emission Control Areas (SECA).

Any sulphur inspection can only focus on the operation and behaviour of a ship while in areas and ports of the geographical jurisdiction of the Member State. However, additional enforcement actions may be required in accordance with international maritime law.

As per the guidance sulphur inspections must be based on the requirements of the Directive. However, where the Directive lacks further guidance on issues of importance to the sulphur inspection, regulations from the relevant IMO Conventions (i.e. SOLAS, MARPOL) may be used as bench marks. Where, for example due to the ship type or gross tonnage of the ship, neither the Directive nor an IMO Convention is applicable, on the actual enforcement is up to the competent authorities of the Member States.

In the case where the master of the ship claims that it has not been possible to purchase low sulphur fuel, evidence must be provided that all reasonable measures were taken to source this fuel.
In the case where the master claims that non-compliant fuels have been used due to damage sustained to the ship or its equipment, suitable evidence must be provided. The master must also prove that all reasonable measures were taken after the occurrence of the damage to prevent excessive emissions, the flag Administration and port State authorities were notified, and that measures have been taken as soon as possible to repair the damage.
In the case where the master claims that the fuel switch-over had to be delayed due to inclement weather or to maintain the safety of the ship, the master must be able to provide suitable evidence and should have informed the port before arrival.
If non-compliances are found during the Sulphur Inspection, any follow up or corrective actions should be taken in accordance with the national legislation transposing the Directive in each Member State.

REFER THE GUIDANCE

Source: EMSA