The Protocol of 1997 (Annex VI - Regulations for the Prevention of Air Pollution

from Ships)
Adoption: 26 September 1997
Entry into force: 19 May 2005

The Protocol was adopted at a Conference held from 15 to 26 September 1997 and
adds a new Annex VI on Regulations for the Prevention of Air Pollution from Ships
to the Convention.

The rules set limits on sulphur oxide (SOx) and nitrogen oxide (NOx) emissions from
ship exhausts and prohibit deliberate emissions of ozone depleting substances.

The new Annex VI includes a global cap of 4.5% m/m on the sulphur content of fuel oil
and calls on IMO to monitor the worldwide average sulphur content of fuel once the
Protocol comes into force.

Annex VI contains provisions allowing for special "SOx Emission Control Areas" to be
established with more stringent control on sulphur emissions. In these areas, the
sulphur content of fuel oil used on board ships must not exceed 1.5% m/m.
Alternatively, ships must fit an exhaust gas cleaning system or use any other
technological method to limit SOx emissions.

The Baltic Sea is designated as a SOx Emission Control area in the Protocol.

Annex VI prohibits deliberate emissions of ozone depleting substances, which include
halons and chlorofluorocarbons (CFCs). New installations containing ozone-depleting
substances are prohibited on all ships. But new installations containing hydro-
chlorofluorocarbons (HCFCs) are permitted until 1 January 2020.

The requirements of the IMO Protocol are in accordance with the Montreal Protocol of
1987, as amended in London in 1990. The Montreal Protocol is an international
environmental treaty, drawn up under the auspices of the United Nations, under which
nations agreed to cut CFC consumption and production in order to protect the ozone
layer.

Annex VI sets limits on emissions of nitrogen oxides (NOx) from diesel engines. A
mandatory NOx Technical Code, developed by IMO, defines how this is to be done.

The Annex also prohibits the incineration on board ship of certain products, such as
contaminated packaging materials and polychlorinated biphenyls (PCBs).
Format of Annex VI
Annex VI consists of three Chapters and a number of Appendices:
Chapter 1 - General
Chapter II - Survey, Certification and Means of Control
Chapter III - Requirements for Control of Emissions from Ships

Appendices, including the form of the International Air Pollution Prevention
Certificate; criteria and procedures for designation of SOx emission control areas;
information for inclusion in the bunker delivery note; approval and operating limits
for shipboard incinerators; test cycles and weighting factors for verification of
compliance of marine diesel engines with the NOx limits; and details of surveys
and inspections to be carried out.

Prevention of Air Pollution from Ships

Although air pollution from ships does not have the direct cause and effect associated with, for
example, an oil spill incident, it causes a cumulative effect that contributes to the overall air
quality problems encountered by populations in many areas, and also affects the natural
environment, such as though acid rain.
MARPOL Annex VI, first adopted in 1997, limits the main air pollutants contained in ships
exhaust gas, including sulphur oxides (SOx) and nitrous oxides (NOx), and prohibits deliberate
emissions of ozone depleting substances. MARPOL Annex VI also
regulates shipboard incineration, and the emissions of volatile
organic compounds from tankers.
Following entry into force of
MARPOL Annex VI on 19 May 2005, Marine Environment
Protection Committee (MEPC), at its 53rd session (July 2005),
agreed to revise MARPOL Annex VI with the aim of significantly
strengthening the emission limits in light of technological
improvements and implementation experience. As a result of three
years examination, MEPC 58 (October 2008) adopted the revised
MARPOL Annex VI and the associated NOx Technical Code 2008, which entered into force on
1 July 2010.

Revised MARPOL Annex VI
The main changes to MARPOL Annex VI are a progressive reduction globally in emissions of
SOx, NOx and particulate matter and the introduction of emission control areas (ECAs) to
reduce emissions of those air pollutants further in designated sea areas.

Under the revised MARPOL Annex VI, the global sulphur cap is reduced initially to 3.50%
(from the current 4.50%), effective from
1 January 2012; then progressively to 0.50 %, effective from
1 January 2020, subject to a feasibility review to be completed no later than 2018. The limits
applicable in ECAs for SOx and particulate matter were reduced to 1.00%, beginning on 1 July
2010 (from the original 1.50%); being further reduced to 0.10 %, effective from 1 January 2015.

Progressive reductions in NOx emissions from marine diesel engines installed on ships are also
included, with a Tier II emission limit for engines installed on or after 1 January 2011; then
with a more stringent "Tier III" emission limit for engines installed on or after
1 January 2016 operating in ECAs. Marine diesel engines installed on or after 1 January 1990
but prior to 1 January 2000 are required to comply with Tier I emission limits, if an approved
method for that engine has been certified by an Administration.

The revised NOx Technical Code 2008 includes a new chapter based on the agreed approach for
regulation of existing (pre-2000) engines established in MARPOL Annex VI, provisions for a
direct measurement and monitoring method, a certification procedure for existing engines, and
test cycles to be applied to Tier II and Tier III engines.

Revisions to the regulations for ozone-depleting substances, volatile organic compounds,
shipboard incineration, reception facilities, and fuel oil quality have been made with regulations
on fuel oil availability added.

The revised measures are expected to have a significant beneficial impact on the atmospheric
environment and on human health, particularly for those people living in port cities and coastal
communities.
Historic Background


The issue of controlling air pollution form ships - in particular,
noxious gases from ships' exhausts - was discussed in the lead up to
the adoption of the 1973 MARPOL Convention. However, it was
decided not to include regulations concerning air pollution at the
time.

Meanwhile, air pollution was being discussed in other arenas. The
1972 United Nations Conference on the Human Environment in
Stockholm marked the start of active international cooperation in
combating acidification, or acid rain. Between 1972 and 1977,
several studies confirmed the hypothesis that air pollutants could
travel several thousand kilometres before deposition and damage

Related Information


IMO begins work on air
pollution
Adoption of Resolution
The Protocol of 1997
(MARPOL Annex VI)

occurred. This damage includes effects on crops and forests.

Most acid rain is caused by airborne deposits of sulphur dioxides
and nitrogen oxides. Coal and oil-burning power plants are the
biggest source of sulphur dioxides while nitrogen oxides come from
car, truck - and ship - exhausts.

In 1979, a ministerial meeting on the protection of the
environment, in Geneva, resulted in the signing of the Convention
on Long-range Transboundary Air Pollution by 34 governments and
the European Community. This was the first international legally
binding instrument to deal with problems of air pollution on a
broad regional basis.

Protocols to this Convention were later signed on reducing sulphur
emissions (1985); controlling emissions of nitrogen oxides (1988);
controlling emissions of volatile organic compounds (1991) and
further reducing sulphur emissions (1994).

During the 1980s, concern over air pollution, such as global
warming and the depleting of the ozone layer, continued to grow,
and in 1987 the Montreal Protocol on substances that Deplete the
Ozone Layer was signed.

The Montreal Protocol is an international environmental treaty,
drawn up under the auspices of the United Nations, under which
nations agreed to cut consumption and production of ozone-
depleting substances including chlorofluorocarbons (CFCs) and
halons in order to protect the ozone layer.

A Protocol was adopted in London in 1990 - amending the original
protocol and setting the year 2000 as the target completion date
for phasing out of halons and ozone-depleting CFCs. A second
Protocol was adopted in Copenhagen in 1992, introducing
accelerated phase-out dates for controlled substances, cutting
short the use of transitional substances and the introduction of
phase-out dates for HCFCs and methyl bromide(a pesticidal gas
which depletes the ozone layer).

CFCs have been in widespread use since the 1950s as refrigerants,
aerosol propellants, solvents, foam blowing agents and insulants. In
shipping, CFCs are used to refrigerate ship and container cargo,
insulate cargo holds and containers, air condition crew quarters
and occupied areas and refrigerate domestic food storage
compartments.

Halons, manufactured from CFCs, are effective fire extinguishers
used in portable fire extinguishers and fixed fire prevention
systems.
Ozone-depleting substances (ODS)
Regulation 12


Included within the definition of ODS are the chlorofluorocarbons (CFC) and halons used
respectively in older refrigeration and fire-fighting systems and portable equipment. ODS were
also used as the blowing agent in some insulation foams. Hydrochlorofluorocarbons (HCFC)
were introduced as an intermediate replacement for CFCs but are themselves still classed as
ODS. As part of a world-wide movement, the production and use of all these materials is being
phased out under the provisions of the Montreal Protocol.

The controls in this regulation do not apply to sealed equipment without charging connections or
removable components; this typically covers items such as small, domestic type, refrigerators, air
conditioners and water coolers.
No CFC or halon containing system or equipment is permitted to be installed on ships
constructed on or after 19 May 2005 and no new installation of the same is permitted on or after
that date on existing ships. Similarly, no HCFC containing system or equipment is permitted to
be installed on ships constructed on or after 1 January 2020 and no new installation of the same
is permitted on or after that date on existing ships.

Existing systems and equipment are permitted to continue in service and may be recharged as
necessary. However, the deliberate discharge of ODS to the atmosphere is prohibited. When
servicing or decommissioning systems or equipment containing ODS the gases are to be duly
collected in a controlled manner and, if not to be reused onboard, are to be landed to appropriate
reception facilities for banking or destruction. Any redundant equipment or material containing
ODS is to be landed ashore for appropriate decommissioning or disposal. The latter also applies
when a ship is dismantled at the end of its service life.

Additionally, for ships with ODS containing systems or equipment and which are required to
have an IAPP Certificate, an ODS Record Book is to be maintained in which is recorded any
related supply, recharging, repair, discharge or disposal operations.
Nitrogen Oxides (NOx) Regulation 13

The control of diesel engine NOx emissions is achieved through the survey and certification
requirements leading to the issue of an Engine International Air Pollution Prevention (EIAPP)
Certificate and the subsequent demonstration of in service compliance in accordance with the
requirements of the mandatory, regulations 13.8 and 5.3.2 respectively, NOx Technical Code
2008 (resolution MEPC.177(58)).

The NOx control requirements of Annex VI apply to installed marine diesel engine of over 130
kW output power other than those used solely for emergency purposes irrespective of the
tonnage of the ship onto which such engines are installed. Definitions of installed and marine
diesel engine are given in regulations 2.12 and 2.14 respectively. Different levels (Tiers) of
control apply based on the ship construction date, a term defined in regulations 2.19 and hence
2.2, and within any particular Tier the actual limit value is determined from the engines rated
speed:

Tier
Ship construction
date on or after

Total weighted cycle emission limit (g/kWh)
n = engines rated speed (rpm)

n < 130 n = 130 - 1999 n 2000
I 1 January 2000 17.0

45.n
-0.2

e.g., 720 rpm 12.1

9.8
II 1 January 2011 14.4

44.n
-0.23

e.g., 720 rpm 9.7

7.7
III 1 January 2016* 3.4

9.n
-0.2

e.g., 720 rpm 2.4

2.0
* subject to a technical review to be concluded 2013 this date could be delayed, regulation 13.10.


The Tier III controls apply only to the specified ships while operating in Emission Control Areas
(ECA) established to limit NOx emissions, outside such areas the Tier II controls apply. In
accordance with regulation 13.5.2, certain small ships would not be required to install Tier III
engines. The North American ECA came into force on 1 August 2011 and will take effect from
the 1 August 2012. In July 2011, the 62nd session of the Marine Environment Protection
Committee adopted the United States Caribbean Sea ECA, which is expected to enter into force
on 1 January 2013, taking effect 12 months after (1 January 2014).

The emission value for a diesel engine is to be determined in accordance with the NOx Technical
Code 2008 in the case of Tier II and Tier III limits. Most Tier I engines have been certified to
the earlier, 1997, version of the NOx Technical Code which, in accordance with
MEPC.1/Circ.679, may continue to be used in certain cases until 1 January 2011. Certification
issued in accordance with the 1997 NOx Technical Code would still remain valid over the
service life of such engines.

An engine may be certified on an individual, Engine Family or Engine Group basis in
accordance with one or more of the four duty test cycles as given in appendix II of the Annex. In
the case of Engine Family or Engine Group engines it is the Parent Engine which is actually
emissions tested, this is the engine which has the combination of rating (power and speed) and
NOx critical components, settings and operating values which results in the highest NOx
emission value or, where more than one test cycle is to be certified, values which, to be
acceptable, each of which must be no higher than the applicable Tier limit value. Subsequent
series engines, Member Engines, are thereafter constructed with a rating, components, settings
and operating values within the bounds established for the respective Engine Family or Engine
Group. Generally all new engine certification leading to the issue of an EIAPP Certificate is
undertaken at the engine builders works where the necessary pre-certification survey takes
place.

Consequently a diesel engine having an EIAPP Certificate is approved, by, or on behalf of (since
almost all engine certification work is delegated to Recognized Organizations), the flag State of
the ship onto which it is to be installed, to a stated Tier for one or more duty test cycles, for a
particular rating or rating range, and with defined NOx critical components, settings and
operating values including options if applicable. Any amendments to these aspects are to be duly
approved and documented.

For each NOx certified diesel engine there must be onboard an approved Technical File, NOx
Technical Code 2008 2.3.4, which both defines the engine as approved and provides the
applicable survey regime together with any relevant approved amendment documentation. As of
October 2010 virtually all engines are surveyed using the Parameter Check method, NOx
Technical Code 2008 2.4.3.1, whereby the actual duty, rating and NOx critical components,
settings and operating values are checked against the given data in the Technical File. A key
document in the Parameter Check procedure is the Record Book of Engine Parameters, NOx
Technical Code 2008 6.2.2.8, which is maintained to record all replacements and changes to
NOx critical components, settings and operating values. Engine surveys are undertaken on
completion of manufacture and subsequently as part of the overall ship survey process;
flowcharts illustrating the aspects checked at the various survey stages are given in NOx
Technical Code 2008 appendix II.

In addition, there is the case where a diesel engine is subject to major conversion, regulation
13.2. Of the three routes given, substantial modification and uprating, both as defined, involve
changes to an existing installed engine and under these circumstances the relevant Tier is that
applicable to the construction date of the ship onto which the engine is installed except, in the
case of ships constructed before 1 January 2000, where Tier I is applied. In the third route, that
of the installation of a replacement, non-identical, or additional engine then the Tier appropriate
to the date of installation applies although, subject to acceptance by the Administration taking
into account guidelines to be developed, in some circumstances it would permitted to install a
Tier II replacement engine as opposed to one certified to Tier III, regulation 13.2.2. In the case of
an identical replacement engine the Tier appropriate to the ship construction date applies.

The revised Annex VI has also introduced the prospect of retrospective NOx certification,
regulation 13.7, in the case of diesel engines of more than 5000 kW power output and a per
cylinder displacement of 90 litres and above installed on ships constructed between 1 January
1990 and 31 December 1999. This will generally therefore affect only the main engines on such
ships, the 90 litre/cylinder criteria represents, for example in current medium speed engine
designs, engines with a bore of 460 mm and above. For these engines if a Party, not necessarily
the ships flag State, has certified an Approved Method which results in an emission value no
higher than the relevant Tier I level and has advised of that certification to IMO then that
Approved Method must be applied no later than the first renewal survey which occurs more than
12 months after deposition of the advice to IMO. However, if the ship owner can demonstrate
that the Approved Method is not commercially available at that time then it is to be installed no
later than the next annual survey after which it has become available. Given within regulation
13.7 are constraints on the Approved Method that limit its cost and detrimental effects on engine
power and fuel consumption.

Further requirements are given in chapter 7 of the NOx Technical Code 2008 which includes an
outline of the Approved Method File which must be retained with the engine. To date several
notifications of Approved Methods have been advised to the Organization. It is not clear the
extent to which others will become available however it is expected that, if so developed, these
will be limited to involving aspects such as changing the engines fuel injection nozzles.
Consequently, in the case of engines potentially subject to the requirement to install an Approved
Method it will be necessary for ship owners (and also surveyors and port State inspectors) to
remain vigilant over the service life of those engines as to the availability of such arrangements
and to ensure that they are duly fitted and thereafter retained as required. For those engines
where an Approved Method exists there is the alternative option, regulation 13.7.1.2, whereby
the engine is instead certified in accordance with the conventional NOx Technical Code
requirements.
Sulphur oxides (SOx) Regulation 14

SOx and particulate matter emission controls apply to all fuel oil, as defined in
regulation 2.9, combustion equipment and devices onboard and therefore include both
main and all auxiliary engines together with items such boilers and inert gas generators.
These controls divide between those applicable inside Emission Control Areas (ECA)
established to limit the emission of SOx and particulate matter and those applicable
outside such areas and are primarily achieved by limiting the maximum sulphur content
of the fuel oils as loaded, bunkered, and subsequently used onboard. These fuel oil
sulphur limits (expressed in terms of % m/m that is by weight) are subject to a series
of step changes over the years, regulations 14.1 and 14.4:


Outside an ECA established to limit SOx and
particulate matter emissions
Inside an ECA established to limit SOx and
particulate matter emissions

4.50% m/m prior to 1 January 2012

1.50% m/m prior to 1 July 2010

3.50% m/m on and after 1 January 2012

1.00% m/m on and after 1 July 2010

0.50% m/m on and after 1 January 2020*

0.10% m/m on and after 1 January 2015

* depending on the outcome of a review, to be concluded in 2018, as to the availability
of the required fuel oil, this date could be deferred to 1 January 2025.

The ECA established are:
1. Baltic Sea area as defined in Annex I of MARPOL (SOx only);
2. North Sea area as defined in Annex V of MARPOL (SOx only);
3. North American area (entered into effect 1 August 2012) as defined in
Appendix VII of Annex VI of MARPOL (SOx, NOx and PM); and
4. United States Caribbean Sea area (expected to enter into effect 1 January 2014)
as defined in Appendix VII of Annex VI of MARPOL (SOx, NOx and PM).
Most ships which operate both outside and inside these ECA will therefore operate on
different fuel oils in order to comply with the respective limits. In such cases, prior to
entry into the ECA, it is required to have fully changed-over to using the ECA compliant
fuel oil, regulation 14.6, and to have onboard implemented written procedures as to how
this is to be undertaken. Similarly change-over from using the ECA compliant fuel oil is
not to commence until after exiting the ECA. At each change-over it is required that the
quantities of the ECA compliant fuel oils onboard are recorded, together with the date,
time and position of the ship when either completing the change-over prior to entry or
commencing change-over after exit from such areas. These records are to be made in a
logbook as prescribed by the ships flag State, in the absence of any specific
requirement in this regard the record could be made, for example, in the ships Annex I
Oil Record Book.

The first level of control in this respect is therefore on the actual sulphur content of the
fuel oils as bunkered. This value is to be stated by the fuel oil supplier on the bunker
delivery note and hence this, together with other related aspects, is directly linked to the
fuel oil quality requirements as covered under regulation 18 see below. Thereafter it is
for the ships crew to ensure, in respect of the ECA compliant fuel oils, that through
avoiding loading into otherwise part filled storage, settling or service tanks, or in the
course of transfer operations, that such fuel oils do not become mixed with other, higher
sulphur content fuel oils, so that the fuel oil as actually used within an ECA exceeds the
applicable limit.

Consequently, regulation 14 provides both the limit values and the means to comply.
However, there are other means by which equivalent levels of SOx and particulate
matter emission control, both outside and inside ECA, could be achieved. These may
be divided into methods termed primary (in which the formation of the pollutant is
avoided) or secondary (in which the pollutant is formed but subsequently removed to
some degree prior to discharge of the exhaust gas stream to the atmosphere).
Regulation 4.1 allows for the application of such methods subject to approval by the
Administration. In approving such equivalents an Administration should take into
account any relevant guidelines. As of October 2010 there are no guidelines in respect
of any primary methods (which could encompass, for example, onboard blending of
liquid fuel oils or dual fuel (gas / liquid) use). In terms of secondary control methods,
guidelines (MEPC.184(59)) have been adopted for exhaust gas cleaning systems which
operate by water washing the exhaust gas stream prior to discharge to the atmosphere,
in using such arrangements there would be no constraint on the sulphur content of the
fuel oils as bunkered other than that given the systems certification.
Volatile organic compounds (VOC)
Regulation 15

This regulation only applies to tankers. However, this regulation also applies to gas carriers only
if the types of loading and containment system allow safe retention of non-methane VOCs on
board or their safe return ashore.

There are two aspects of VOC control within this regulation. In the first, regulations 15.1 15.5
and 15.7, control on VOC emitted to the atmosphere in respect of certain ports or terminals is
achieved by a requirement to utilize a vapour emission control system (VECS). Where so
required, both the shipboard and shore arrangements are to be in accordance with MSC/Circ.585
Standards for vapour emission control systems. A Party may choose to apply such controls
only to particular ports or terminals under its jurisdiction and only to certain sizes of tankers or
cargo types. Where such controls are required at particular ports or terminals, tankers not so
fitted may be accepted for a period of up to 3 years from the implementation date. Where VECS
is so mandated the relevant Party is to notify IMO of that requirement and its date of
implementation. As of October 2010 no notifications had been advised.

The second aspect of this regulation, regulation 15.6, requires that all tankers carrying crude oil
have an approved and effectively implemented ship specific VOC Management Plan covering at
least the points given in the regulation. Guidelines in respect of the development of these plans is
given by resolution MEPC.185(59) and related technical information on systems and operation
of such arrangements is given by circular MEPC.1/Circ.680.
Shipboard incineration Regulation 16


The requirements of the regulation also divide into two sections. Regulations 16.1 16.4 cover
onboard incineration in general and hence is potentially applicable to all ships whereas
regulations 16.6 16.9 are specific only to incinerators installed on ships constructed on or after
1 January 2000 or to units installed on existing ships on or after that date.

Regulation 16.1 requires that incineration is only undertaken in equipment designed for that
purpose while regulation 16.2 prohibits the incineration of certain listed materials and therefore
can be seen as complimentary to the Annex V requirements in respect of the processing of ship
generated garbage. The disposal of polyvinyl chlorides (PVC) by incineration is restricted to
units which are type approved to either MEPC.76(40) or MEPC.59(33), regulation 16.3.
Regulation 16.4 recognizes that, while incineration of ship generated sewage sludge and sludge
oil could alternatively be undertaken in main or auxiliary power plant or boilers, it is not to be
undertaken within ports, harbours or estuaries.

Regulation 16.6 generally requires that incinerators installed on ships constructed on or after 1
January 2000 or units which are installed on existing ships on or after that date are to Type
Approved in accordance with resolution MEPC.76(40) as modified by resolution
MEPC.93(45) Standard specification for shipboard incinerators. For these incinerators
operating manuals are to be maintained onboard, regulation 16.7, and training as to their correct
operation is to be given, regulation 16.8. Regulation 16.9 requires that operation is such that the
stated temperatures are achieved in order to ensure complete incineration.
Fuel oil availability and quality Regulation
18

In general this regulation is not directed to ships, rather to fuel oil suppliers and their control by
the appropriate authorities together with other regulatory aspects. In particular the requirements
of regulations 18.1, 18.2, 18.4, 18.5, 18.8.2, 18.9 and 18.10, together with aspects of regulations
18.8.1, should be seen as supportive of regulation 14 in respect of those aspects which are
outside the control of the ship owner.

Regulations 18.6 and 18.8.1 have specific ship (for those that are required to have IAPP
Certificates) related actions concerning the retention onboard of the bunker delivery notes for a
period of not less than 3 years following delivery, subject to any relaxation afforded by
application of regulation 18.11, and the retention, under the ships control (therefore not
necessarily onboard although they should be readily accessible if so required by the relevant
authorities), of the representative fuel oil samples until the subject fuel oil is substantially
consumed but for not less than 12 months from the date of delivery. These requirements apply
irrespective of whether or not compliance with regulation 14 - SOx and particulate matter
emission control - is complied with by means of bunkering fuel oils which do not exceed the
stated limits.

The guidelines for the sampling of fuel oil for determination of compliance with MARPOL
Annex VI have been updated to take into account the revised Annex VI, resolution
MEPC.182(59). Paragraphs 8 and 9 of those guidelines refer to specific actions to be taken by
the ship. It should be noted that local legislation covering the control of fuel oil suppliers in
respect of Annex VI related issues may not directly follow all aspects as given in these
guidelines, such as fuel oil sampling location, since they are only recommendatory to the
regulating authority. In the case of sampling location, the relevant authority may have accepted
other equivalent arrangements and which are duly controlled as required.

It is however necessary that oversight by the ship is applied both to the bunker delivery note and
the representative fuel oil sample. In accordance with the revised guidelines for port State control
under the revised MARPOL Annex VI, resolution MEPC.181(59), paragraphs 2.1.1.12 and 2.1.5
where the bunker delivery note does not contain the information as given in appendix V of
revised Annex VI or the representative sample has not been drawn, labelled or sealed in
accordance with the relevant guidelines that is to be duly documented and advised to the ships
flag State Administration with copies to the bunkering port authorities and the bunker supplier
with a further copy retained onboard together with any relevant commercial documentation.

In this regard it must be accepted that there will be bunkering ports located in countries which
are not Parties to
Annex VI and therefore, apart from commercial considerations, there is no direct requirement for
them to comply with the various requirements of regulation 18. Hence it is usual for ship owners,
when ordering bunkers, to at least insert clauses to the effect that the fuel oil supply process is to
be in accordance with the requirements of Annex VI and with specified maximum sulphur
content appropriate to the particular intended future area of operation.

The other aspect of regulation 18 which may have an effect on ship owners is the fuel oil
availability clause, regulation 18.2 which provides for the situation where there is a local non-
availability of the required fuel oil essentially fuel oil which does not meet the required
maximum sulphur limit as given in regulation 14. As given, the ship owner must have made his
best efforts to attempt to obtain the required fuel oil and that this should be taken into account by
Parties when considering what action to take, or not to take, in the case of a ship using non-
compliant fuel oil.

Regulations 18.9 together with regulations 18.1, 18.3, 18.4 and 18.5 in the first instance refer to
the local control of fuel oil suppliers while regulations 18.7, 18.8.2 and hence appendix VI -
and 18.10 refer to the application of port State controls.