“Sulfur Limit Order” comes seriously! Foreign vessel was investigated and punished for excessive emi-海通律师事务所

“Sulfur Limit Order” comes seriously! Foreign vessel was investigated and punished for excessive emi

Addtime：2020-01-17 Browse：609 Author：admin

Scene:

On January 9, 2020, Beilun Maritime Office of Ningbo found during on-site inspection that a foreign vessel was applying marine fuel oil not accord with corresponding standard or requirement. This was the first case in which vessel engaged in international voyages using marine fuel oil not accord with standard was investigated and punished in Zhejiang region since January 1, 2020 when Implementation Plan on Sulfur Limit Order for Global Marine Fuel Oil in 2020 came into implementation.

Violation facts:

Maritime law enforcement officers carried out supervision to a Panama-flagged container ship for ship-sourced air pollutants emission during routine tour inspection. Attention was paid to checking on whether the ship fulfilled requirement sulfur limit order regarding global marine fuel oil during such inspection. Law enforcement officers checked out the ship’s Deck Logbook, Oil Record Book, Pollution Prevention Certificate, Oil Pollution Prevention Certificate as well as oil supply documents, enquired about the ship’s fuel oil switch and her oil supply of last time, and then finished on-site sampling accompanied by her Chief Engineer. Sulfur content quick detector indicated sulfur content as 5528.72ppm, exceeding the quality requirement of 0.5%m/m. Law enforcement officers then sent oil samples to professional testing institute for further test, and the final test result was 0.546%m/m, which confirming that the ship was applying fuel oil not accord with regulations. Law enforcement officers would punish the ship in accordance with relevant provisions in the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution as well as the MARPOL. On-site collection of evidences for the case has been finished.

Suggestions:

1. BDN (bunker delivery note) has certain legal effect and must be kept onboard.

2. Treat sampling procedure for bunkering strictly. Each type of fuel oil shall be shaken up evenly, split into two standard sample bottles and sealed. Both the supplying party and receiving party shall sign on the tags and then attached the tags to the bottles. Each party shall keep one bottle.

3. As of March 1, 2020, ship engaged in international voyages shall not load fuel oil with sulfur content exceeding 0.50%m/m for self-use. Removal of fuel oil not accord with corresponding regulation shall be finished before March 1, 2020.

4. Approval by competent authority for FONAR (Fuel Oil Non-Availability Report) is extremely strict, if a ship does not pass such approval, she might face the risk of punishment. Therefore vessels are recommended to reserve fuel oil accord with regulation as much as possible and shall not be over reliant on FONAR.