The IMO is still in the process of
developing a fuel oil non-availability report (FONAR) system in order to assist
ships in their Regulation 18 declarations to state parties, ahead of the
January 1dt 0.50% sulphur cap.
A final template for this is expected to
be submitted to and approved by the IMO in May 2019.
Standard Club said that the IMO itself
had not established set fines or sanctions for non-compliance with their
regulations. Instead, it would be for individual state signatories to
administer what they themselves consider to be appropriate penalties.
Regulation 18 of Annex VI of the MARPOL Convention sets out factors to be taken
into consideration by a state party in situations where a ship was found not to
be compliant with the sulphur limits. Factors to consider included steps taken
by the ship to mitigate the risk of non-compliance. Ships could provide records
of its attempts to achieve compliance with the limits, and evidence of its best
efforts to obtain compliant fuel.
State parties should not require a ship
to deviate from its intended voyage, and ships were not expected to subject
themselves to undue delays in order to achieve compliance. Furthermore, an
obligation would be placed on state parties themselves to take reasonable steps
to promote the availability of compliant fuel oils.
Standard Club said that a FONAR system
had already been in use in the North American ECA, since August 2012. Vessels
are required to demonstrate compliance though logbooks recording the fuel in
each tank, any fuel changeover operations, and any delivery notes. These are
inspected by the Coast Guard during routine port state control inspections.
However, the US Environmental Protection
Agency (EPA) has acknowledged that, despite best efforts, it was not always
possible to obtain compliant fuel oil. In such a situation the US had the
authority to take ‘appropriate action’ (which might involve taking no action
whatsoever).
When a ship became aware that
non-compliance was likely, they were required to notify the US Government and
provide a FONAR detailing all efforts taken to obtain compliant fuel oil.
According to the guidance report released by the EPA, the notification was
required to be accompanied by a raft of information about the ship, its
journey, the planned sulphur content of fuel, etc.
The US government would take into account
‘other relevant factors, which might include the number of FONARs previously
filed by the ship, and any actions taken to address engine-related constraints
with respect to using compliant fuel oil.
Standard said that “it remains to be
seen whether the IMO will issue a guidance note in relation to its FONAR
system, and how similar this will be to the existing system in place in the
US”.
Ultimately it would be for individual
states to exercise their discretion in applying the new limits. Standard said
that “any will hope that states will be more lenient during the initial period
following January 2020. However, the IMO has been clear that there can be no
delay in the implementation of these new limits, and will be wary that any
concessions by state parties (especially during the first few months) might
send the wrong message.”
Non-compliance with the Convention
The IMO itself has not established set
fines or sanctions for non-compliance with their regulations. Instead, it will
be for individual state signatories to administer what they themselves consider
to be appropriate penalties.
Regulation 18 of Annex VI of the MARPOL
Convention sets out factors to be taken into consideration by a state party in
situations where a ship is found not to be compliant with the sulphur limits.
Factors to consider include steps taken by the ship to mitigate the risk of
non-compliance. In particular, a ship may provide records of its attempts to
achieve compliance with the limits, and evidence of its best efforts to obtain
compliant fuel.
State parties should not require a ship to
deviate from its intended voyage, and the ship is not expected to subject
itself to undue delays in order to achieve compliance. Furthermore, an
obligation is placed on state parties themselves to take reasonable steps to
promote the availability of compliant fuel oils.
The IMO are
still in the process of developing a fuel oil non-availability report (FONAR)
system in order to assist ships in their Regulation 18 declarations to state
parties. A final template for this is expected to be submitted to and approved
by the IMO in May 2019.
Additional information may be read at the links,
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