Académique Documents
Professionnel Documents
Culture Documents
Including
ECSA/ESPO Summary Table on Implementation by EU Member States
As of 23 April 2010
Background
Directive 2005/33/EC dated 2005-07-22 introduced amendments to Council Directive 1999/32/EC relating to the
reduction in the sulphur content of certain liquid fuels. In particular, Article 4b states:
Article 4b
Maximum sulphur content of marine fuels used by ships at berth in Community ports
1. With effect from 1 January 2010, Member States shall take all necessary measures to ensure
that the following vessels do not use marine fuels with a sulphur content exceeding 0,1 % by
mass:
(b) ships at berth in Community ports, allowing sufficient time for the crew to complete any
necessary fuel-changeover operation as soon as possible after arrival at berth and as late
as possible before departure.
Member States shall require the time of any fuel-changeover operation to be recorded in
ships' logbooks.
2. Paragraph 1 shall not apply:
(a) whenever, according to published timetables, ships are due to be at berth for less than
two hours;
(c) until 1 January 2012 for the vessels listed in the Annex and operating exclusively within
the territory of the Hellenic Republic;
(d) to ships which switch off all engines and use shore-side electricity while at berth in ports.
3. With effect from 1 January 2010, Member States shall ensure that marine gas oils are not
placed on the market in their territory if the sulphur content of those marine gas oils exceeds
0,1 % by mass.
Being Directives, the requirements have to be transposed into the national law of each EU Member State, and
as a consequence of the European Economic Area (EEA) Agreement, also into the national legislation of the
European Free Trade Area (EFTA) member states.
On 29 December 2009, the EU Commission published Recommendation 2009/1020/EU in the Official Journal
of the European Union. This Recommendation is available through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:348:0073:0074:EN:PDF
Although the preamble contains important information as to how the Commission regards this issue, in
particular that the implementation process should not take more than 8 months (i.e. be completed by 31
August 2010) the Recommendation itself reads as follows:
1. As part of the Member States enforcement actions against ships which fail to comply with
the requirement to use fuels with a maximum permitted sulphur content of 0,1 % while at
berth, Member States should request those ships to provide detailed evidence of the steps
they are taking to achieve compliance. This should include a contract with a manufacturer
and an approved retrofit plan which should be approved by the ship’s classification
society or, for ships flying the flag of a Member State, by the organisation having
recognition in accordance with Regulation (EC) No 391/2009 of the European Parliament
and of the Council. The retrofit plan should clearly state the date of completion of the
adaptation and certification process.
2. Member States may consider the existence of an approved retrofit plan when assessing
the degree of penalties to be applied to non-complying ships.
3. Member States should take appropriate measures to raise awareness among owners,
operators and seafarers of the safety risk related to fuel changeover in the absence of any
1
necessary technical adaptation to a ship’s fuel system and the necessity for training to be
provided.
This is only a recommendation made by the Commission and it is up to each Member State to decide whether
and to what extent to utilize the recommendation.
In addition, the EU Directorate General – Environment updated its web site on ship emissions to include a link
to a ‘Frequently Asked Questions’ document issued by the Commission and available through the following link:
http://ec.europa.eu/environment/air/transport/pdf/ships_faq.pdf
2
Updated: 23 April 2010 R E S T R I C T E D P a g e | 1/9
SULPHUR DIRECTIVE – Application 0.1% S. fuel requirement at berth in community Ports as from 01.01.2010 – ECSA/ESPO SUMMARY TABLE
Country Sulphur Directive Application 0.1% at berth Compliant Fuel availability Port delimitations definition
2005/33/EC
Implementation status
BE Enforced (2007) The Belgian Maritime Administration will The Antwerp Port Authority has The 0.1% Sulphur will in the longer term
follow the recommendation by the EC on confirmed that the availability of 0.1% (longer than 6 months) only have to be
the safe implementation of the use of will not pose any problems. applied for ships that are moored within
low sulphur fuel by ships at berth in the port limits.
Community ports for a minimum of 6 Availability problems in other Belgian
months. ports are not expected (TBC).
The grace period of six months will be
evaluated and possibly prolonged to 12
months depending on the developments.
Ships that did not need to make
adaptations and ships that already did
will be carefully watched (sampling and
testing) by PSC.
BG Enforced (2007) Dir.2005/33/EC is implemented in BG No fuel availability problem to be Still under consideration by the Maritime
through the Ordinance on the reported so far. Administration, as the Ordinance is
requirements for the liquid fuels, applicable for all maritime spaces and
conditions and way of their control (State inland waterways of BG.
Gazette Nr.76/21.09.2007)
The Bulgarian Maritime Administration is
currently undertaking measures to
implement the Commission's
Recommendation by issuing appropriate
instructions to PSCOs. Possible evidence
that will be required from non‐compliant
ships include: contract with
manufacturer and approved plan for
modernization / retrofitting, approved by
the RO.
The penalties applicable for cases of non‐
compliance (air pollution by ship) are as
Updated: 23 April 2010 R E S T R I C T E D P a g e | 2/9
per art.119 (3) of the Bulgarian Law on
Maritime Spaces, Inland Waterways and
Ports ‐ from 5000 to 15000 Leva (approx
2500‐7500 Euro).
CY ‐ The Cyprus authorities will follow the 0.1% fuel can be bunkered in Cyprus ‐
(Updated: Commission Recommendation. ports.
19.03.2010)
The retrofit plan should clearly state the
date of completion of the adaptation and
certification process, which should not
extend beyond 31 August 2010.
Ships of foreign flags that are calling at
berth within the territory of the Republic
of Cyprus are required to notify in writing
the relevant non‐compliance at least 48
hours prior arrival at berth.
The requirement in Cyprus ports also
applies at anchorage.
Cyprus Authorities letter_11.01.2010
DK Enforced (01/01/2007) The Danish Environmental Protection No fuel availability problem to be This is the actual port marine area, which
(Updated: Agency (DEPA) is the overall responsible reported so far. in Denmark is defined as all water within
19.03.2010)
for the enforcement of the rules, but has the access defence infrastructure, or if
delegated the concrete control to the such ADI is not present, the specified
Danish Maritime Authority, under the water area under the port’s authority
port state controls. (marked with buoys).
DEPA will follow the Commission Port of Copenhagen‐Malmö: the
Recommendation. boundaries (limit of the port) are the
geographical area of the port.
EE (To be completed)
FI Enforced (11/08/2006) The 1st of January 2010 came into force No fuel availability problem. In the Finnish national legislation
Updated: 23 April 2010 R E S T R I C T E D P a g e | 3/9
(Updated: the amendment of the Directive (1672/2009) the port area is determined.
13.04.2010)
2005/33/EC. In practice some ships have The Directive applies to ships that are
had problems to follow the Directive and moored.
the Finnish authorities follow the
Recommendation from the European
Commission of 21st of December 2009.
Until the 1st of July 2010 ships which
cannot follow the Directive are able to
sail to port without sanctions. The
authorities require detailed clarification
of the reasons why the Directive is not
followed. Ports do not have a duty to
control or penalize ships.
Final date given in the Directive for
implementation is 31.12.2010.
Reportedly, the German administration
will apply a minimum 6 month time limit
period.
If during the period from 1.1.2010 until
31.8.2010 Port State Control verifies that
a ship does not comply with the at berth
0,1% requirement in connection with the
safety of boilers, its representative will
be requested to produce detailed
evidence of actions taken, or planned to
take immediately to fulfil compliance.
Such evidence may include:
a) A contract of the company with the
manufacturer of boilers or fittings
relevant to the compliance,
b) A retrofit plan approved:
• by the classification society, or
• in the case or ship under an EU flag
by an EU Recognized Organization,
or
• by the flag administration, if the ship
is not classed with a Recognized
Organization
The plan should specify by which date
the retrofitting and certification will have
to be completed.
When considering penalties for non‐
compliance the existence of plan will be
taken into account.
This MGN should be read with The Merchant Shipping (Prevention of Air Pollution from
Ships) Regulations 2008 (as amended)
This MGN replaces MIN 376(M+F)
PLEASE NOTE:-
Where this document provides guidance on the law it should not be regarded as definitive.
The way the law applies to any particular case can vary according to circumstances - for
example, from vessel to vessel and you should consider seeking independent legal advice if
you are unsure of your own legal position.
Summary
This MGN provides guidance for ships on the requirements of the Merchant Shipping
(Prevention of Air Pollution from Ships) Regulations 2008 (as amended) (“the Regulations”).
Specifically, this guidance is intended to aid interpretation of the requirements under the
Regulations for ships either anchored or at berth in UK ports, with respect to sufficient time for
fuel changeover, and “hotelling”. These requirements implement the marine elements of the
Sulphur Content of Liquid Fuels Directive, 1999/32/EC, as amended by 2005/33/EC of 6 July
2005 (“the Directive”).
Under Regulation 3(13)(a) of the Regulations ships can be exempted where it is necessary
for the purpose of securing the safety of a ship. Exemptions can be considered on application
to the MCA.
-1-
1. Introduction
1.1 Regulation 4 of Schedule 2A requires that ships at berth in United Kingdom ports and
inland waterways vessels do not use marine fuel which has a sulphur content exceeding
0.10 per cent by mass.
1.2 Regulation 4(2) of Schedule 2A identifies that this requirement does not apply to ships at
berth in United Kingdom ports for that period of time which is sufficient to allow the crew to
complete any necessary fuel-changeover operation. These changeover operations should
be completed as soon as possible after arrival at berth and as late as possible before
departure from berth.
1.3 The Regulations define a ship at berth as meaning “ships which are securely moored or
anchored in a United Kingdom Port while it is loading, unloading or hotelling, including the
time spent when not engaged in cargo operations”.
1.4 In order to further clarify the applicability of Regulation 4 of Schedule 2A, and in particular
expand upon the definitions provided in the Regulations, the following guidance is
provided.
2.1 A ship anchored within the port limits of a UK port is required to comply with the provisions
for "ships at berth" in Regulation 4 of Schedule 2A.
2.2 For a ship anchored outside port limits but anchored within the North Sea Sulphur
Emission Control Area, the ship shall remain compliant with the sulphur content limit for
fuel oil used on board the ship for the North Sea Sulphur Emission Control Area.
3. Guidance on the term “sufficient time” allowed for fuel changeover operations by
ships at berth in UK ports
3.1 What is and what is not “sufficient time” to allow for fuel changeover operations may vary.
However the Regulations establish that ships are not required to changeover fuel where,
according to published timetables, ships are due to be at berth for less than two hours. It
can be inferred from this exemption, in general, that one hour could be considered as
sufficient time to complete fuel changeover operations recognising that the time may vary
depending upon ship type and ship systems.
3.2 Other factors that should be considered when determining what is sufficient time for fuel
changeover operations should include:
• all relevant safe operations;
• the operating circumstances of the ship, such as to minimise the interruption of
power plant;
• a need for effective maintenance and longevity of the ship’s machinery;
• any associated shore-based activity that might be required;
• machinery manufacturers’ guidance;
• company and vessel specific procedures;
• the power rating of the engines and the viscosity of the fuel being used.
3.3 The UK would not consider “sufficient time” for fuel changeover operations to include time
to procure and have delivery to the ship marine fuel with a sulphur content not exceeding
0.10%. A ship is expected to have compliant fuel onboard on arrival at berth.
3.4 A ship arriving at a UK port from outside the European Union that has been unable,
despite best endeavours, to source compliant marine fuel before arrival in a UK port will be
-2-
expected to have made arrangements prior to arrival in the UK port to have compliant
marine fuel supplied on arrival at the UK port. Where a ship arrives at a UK port without
compliant marine fuel it is expected to document that efforts have been made to procure
compliant marine fuel before embarking on its voyage to the UK.
4.1 Regulations 2(4)(b), 3(5) and 4(4) of Schedule 2A require details of any fuel changeover
operations to be recorded in accordance with Regulation 5 of Schedule 2A. The
information required and when it is to be recorded is identified in Table 1.
Volume in Volume in
each tank each tank
When a record of Time Date Position with fuel with fuel
fuel changeover of ship oil not oil not
operation is required exceeding exceeding
1.50% S 0.10% S
Before Operation is
entry into completed X X X X
a SECA
Following
departure Operation X X X X
from a commences
SECA
Following Operation
arrival of commences X X X
ship at and is
berth completed
Before Operation
departure commences X X X
of ship and is
from completed
berth
5.1 “Hotelling” should be considered as when a ship is securely moored or anchored in a port
and is not loading or unloading cargo, but is providing crew and any passengers with
accommodation and associated services.
-3-
Community ports. The Commission Recommendation relates to the operational problems
and safety risks associated with the use of marine diesel and marine gas oil in ships that
have not been designed to use such fuels or have not undergone the necessary technical
adaptation. The Commission have concluded that the main safety risk relates to use in
ships’ boilers which have not yet been assessed and certified for use with the required type
of fuel.
6.2 The Commission Recommendation was published in the Official Journal of the European
Union on 29 December 2009 (L348/73) and is available from the following site:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:348:0073:0074:EN:PDF
7.1 The European Commission has published guidance on implementation of the Directive.
This guidance is available from the following site:
http://ec.europa.eu/environment/air/transport/pdf/ships_faq.pdf
8. Exemptions from the Merchant Shipping (Prevention of Air Pollution from Ships)
Regulations 2008 (as amended)
8.1 Regulation 3(13)(a) of the Regulations states that these Regulations do not apply to any
emission “necessary for the purpose of securing the safety of a ship”.
8.2 Exemptions can be considered on a case by case basis on application to the MCA, for
example, trip tests undertaken by LNG ships prior to discharge of cargo at LNG terminals
may merit exemption.
-4-
More Information
Environmental Policy
Maritime and Coastguard Agency
Bay 2/08
Spring Place
105 Commercial Road
Southampton
SO15 1EG
-5-