The International Chamber of Shipping (ICS) welcomes the decision in principle by the International Maritime Organization (IMO) that in exceptional circumstances, safety or operational concerns about the quality of low-sulfur fuels may be a valid reason for shipowners to be issued with a Fuel Oil Non Availability Report (FONAR).
However, ICS also warns shipowners that this decision by an IMO Sub Committee last week should not be regarded as a “free pass” to use or carry non-complaint fuel when the IMO global sulfur cap, which requires fuels to have a sulfur content of 0.5% or less, comes into full effect on January 1, 2020.
“FONARs remain a tool of last resort and are not something that a ship will be able to use routinely,” said ICS deputy secretary general Simon Bennett in a statement published February 26.
He said the circumstances in which a FONAR can be used are very limited and conditions attached to their use will be strict. “Shipowners still need to remain focused on doing everything possible to ensure full compliance in 2020,” he remarked.
ICS said that in some ports worldwide, shipowners may initially encounter quality or compatibility problems with the new 0.5% blended fuels they intend to use. But the chamber emphasized that the higher cost of alternative compliant fuels—including 0.1% distillates if these are the only other fuels available—will not be considered a valid basis for claiming safe and compliant fuel is not available.
ICS further reminded ship operators of its recently updated guidance on “Compliance with the 2020 Global Sulphur Cap” that states that ships will be expected to bunker and use other compliant fuels including 0.10% Smax distillates if 0.50% Smax fuels are unavailable.
Exceptions to this option may only be accepted by port state control (PSC) authorities after considering the ability of the ship’s fuel oil system to safely store, process and consume other compliant fuels and the need to clean out the tanks of all remaining fuel residue prior to loading non-compatible alternatives into the same tank.
In such cases, ship operators must ensure documentary evidence is available on board to prove these limitations during subsequent PSC inspections following the issuance of any FONAR.
ICS also warned that only the minimum possible quantity of non-compliant fuel should be bunkered if a FONAR is issued, as any remaining non-compliant fuel will likely be required by PSC to be debunkered at the next port of call, and cannot be used on subsequent voyages.
ICS stressed that a FONAR should not be considered as an exemption from the relevant sulfur limits. According to MARPOL, or the International Convention for the Prevention of Pollution from Ships, it is up to PSC authorities that receive the FONAR at the next port of call to take into account all relevant circumstances and the evidence presented to determine whether or not to detain the ship.
PSC will also consider the number of FONARs a ship has submitted in the past 12 months, as well as the number the operator has submitted for other ships in its fleet and whether other ships on similar voyages have submitted FONAR reports.
“Above all else, the onus will be on the ship operator to provide documentary evidence that every reasonable step has been taken to ensure compliant bunkers will be available in the planned bunkering port,” Bennett concluded.
ICS reiterates that shipowners must urgently prepare their ship specific implementation plans for 2020 using the IMO template adopted at the industry’s request, and the detailed advice already prepared by ICS which it is now updating again to take account of recent IMO decisions.
“This will be vital to reduce the possibility of teething problems or in the event of initial PSC difficulties due to factors beyond the shipowner’s control,” it added.
Photo: Public Domain
