**Executive Summary**
DGS Circular 02 of 2023, dated 31.01.2023, addresses compliance with MARPOL Annex VI, Regulation 14, regarding the IMO 2020 Sulphur cap requirements. It clarifies that Indian ports should not prohibit ships using alternative compliance methods (EGCS/scrubbers) unless authorized by the Directorate General of Shipping. Ports proposing such restrictions must submit a request with a risk and impact assessment.
**Key Points / Main Content**
* **IMO 2020 Sulphur Cap:**
* The sulphur content of fuel oil used by ships operating outside designated emission control areas shall not exceed 0.50% by mass.
* Ships can comply by:
* Using compliant fuel oil (sulphur content ≤ 0.50%).
* Using an equivalent, like an Exhaust Gas Cleaning System (EGCS/scrubber) when exceeding 0.50%.
* Using an alternative fuel (e.g., LNG, methanol).
* **Alternative Compliance Methods and Indian Ports:**
* Some Indian ports are requiring ships using EGCS to switch to low sulphur fuel oil prior to berthing, which is not permitted under MARPOL 73/78.
* Any such additional requirements by local Port authorities, prohibiting MARPOL compliant ships certified for alternate compliance, entering an Indian port, shall be construed as a unilateral measure from a member state against the provisions of an International Convention.
* IMO has issued MEPC.1/Circ.899 on 2022 Guidelines for risk and impact assessments of discharge water from exhaust gas cleaning systems.
* **Uniform Procedure for Indian Ports:**
* Any port proposing to prohibit IMO-compliant ships using alternative compliance methods must submit a request to the Director General of Shipping with a risk and impact assessment per IMO-MEPC.1/Circ. 899.
* If approved, the list of such ports will be published on the DGS website and communicated to the IMO.
* No port in India shall prohibit or impose additional measures without authorization from the competent authority.
* **Enforcement:**
* The Directorate General of Shipping and its allied offices have the power to ensure compliance with IMO Conventions.
* Restrictions by ports contravening the above that impede ship operations require consultation with the Director General of Shipping.
* Principal Officers and Surveyors In-Charge of Mercantile Marine Departments are to circulate this circular and report any non-compliance.
**Impact Analysis**
**Stakeholder: Indian Ports / Local Authorities**
* **Impact:** Ports must adhere to the clarified procedure for restricting ships using alternative compliance methods for the IMO 2020 sulphur cap. Restrictions placed on ships without due consultation with the Directorate General of Shipping and without adherence to the guidelines are discouraged.
* **Action Required:** Ports proposing to prohibit ships using EGCS must submit a request with a risk and impact assessment to the Director General of Shipping.
**Stakeholder: Ship Owners/Operators**
* **Impact:** The circular confirms that ships complying with IMO 2020 via approved alternative methods (EGCS) should not be restricted from entering Indian ports without justification.
* **Action Required:** Ensure compliance with IMO 2020 regulations and be prepared to provide necessary documentation related to alternative compliance methods. Report any non-compliance by ports to the Directorate.
**Stakeholder: Mercantile Marine Departments**
* **Impact:** Responsible for ensuring that ports in their jurisdiction comply with the circular's provisions.
* **Action Required:** Circulate the circular to all ports within their jurisdiction and report any instances of non-compliance to the Directorate immediately.
Key Entities Referenced
MARPOL Annex VI, Regulation 14: International regulations for the prevention of air pollution from ships
IMO 2020: Requirement for ships operating outside designated emission control areas that the sulphur content of fuel oil shall not exceed 0.50% by mass, effective from 1 January 2020
Directorate General of Shipping: The issuer of the DGS Circular and the authority responsible for its enforcement
Exhaust Gas Cleaning System (EGCS): An alternative means of compliance with IMO 2020 sulphur cap requirements
India: The country where the circular applies to all ports, concerning IMO 2020 compliance.
DGS Circular No 02 of 2023
File No. 13-20011/3/2020-ENGG-DGS Date: 31.01.2023
(C-3205)
Sub: Corrigendum to DGS Circular No. 02 of 2019 – Compliance with the provisions of
MARPOL Annex VI, Regulation 14
1. Recognizing that in October 2008, the Marine Environment Protection Committee (MEPC)
of the International Maritime Organization (IMO) adopted revisions to the international
regulations for the prevention of air pollution from ships (MARPOL Annex VI).
2. Noting that the revised regulations included a requirement that, from 1 January 2020, the
sulphur content of fuel oil used by ships operating outside designated emission control areas
shall not exceed 0.50% by mass, known as “IMO 2020”.
3. Noting that ships can comply with above regulations related to a cap of maximum sulphur
on fuel used on board ships by one of the following ways:
Use a compliant fuel oil with a sulphur content that does not exceed 0.50% or
use an equivalent e.g. an Exhaust Gas Cleaning System (“scrubber”) If exceeding
0.50% or
Use an alternative fuel e.g. LNG, methanol.
4. Recognizing that in October 2008, the Marine Environment Protection Committee (MEPC)
of the International Maritime Organization (IMO) adopted revisions to the international
regulations for the prevention of air pollution from ships (MARPOL Annex VI).
5. Noting that the revised regulations included a requirement that, from 1 January 2020, the
sulphur content of fuel oil used by ships operating outside designated emission control areas
shall not exceed 0.50% by mass, known as “IMO 2020”.
________________________________________________________________________________________________________
9वी मंजिल, बीटा बबल ींग, आई थ कं टेक् नो क् स, कांिुर गौव रो, कांिूरमाग ग ( ूव)ग, मंबई – 400042
9th Floor, BETA Building, I-Think Techno Campus, Kanjur Village Road Kanjurmarg (E) / Mumbai –400042
फोन/Tel.: +91-22-25752040/1/2/3, फ्क् स/Fax.: +91-22-25752029/35 ई-मेल/E-mail: dgship-dgs@nic.in वेबसाईट /Website: www.dgshipping.gov.in
Page 1 of 46. Noting that ships can comply with above regulations related to a cap of maximum sulphur
on fuel used on board ships by one of the following ways:
Use a compliant fuel oil with a sulphur content that does not exceed 0.50% or
use an equivalent e.g. an Exhaust Gas Cleaning System (“scrubber”) If
exceeding 0.50% or
Use an alternative fuel e.g. LNG, methanol.
7. Noting that regulation 4 of MARPOL Annex VI allows the use of an alternative
compliance method provided it is at least as effective in terms of emission reductions as
that required by MARPOL Annex VI, including any of the standards set forth in
regulation 14 taking into account guidelines developed by the Organization.
8. Noting above, IMO adopted guidelines specifying the requirements for the testing,
survey certification and verification of Exhaust Gas Cleaning System (EGCS) under
regulation 4 of MARPOL Annex VI to ensure that they provide effective equivalence to
the requirements of regulations 14.1 and 14.4 of MARPOL Annex VI vide Resolution
MEPC. 259 (68).
9. Recognizing all the above, the Directorate on 28 August 2019 issued Engineering
Circular 02 of 2019 specifying the requirements for compliance to IMO 2020. The stated
circular permits usage of Exhaust Gas Cleaning System (EGCS) as an alternative means
of compliance subject to certified in accordance with Resolution MEPC 259 (68) as may
be amended.
10. Noting that some Indian ports are not permitting ships to berth which are complying
with IMO 2020 vide alternative means of compliance, that is, EGCS and are asking them
to switch over to low sulphur fuel oil prior berthing, which is not in consonance with the
permitted operational requirements under MARPOL 73/78, as amended.
11. Noting any such additional requirements by the local Port authorities, prohibiting IMO
(MARPOL) compliant ships (certified for alternate means of compliance to IMO 2020)
from entering an Indian port or restricting port entry permissions only after a changeover
to low sulphur fuel oil, shall be construed as a unilateral measure from a members state
against the provisions of an International Convention that it has ratified.
12. Also noting that IMO has issued MEPC.1/Circ.899 on 2022 Guidelines for risk and
impact assessments of the discharge water from exhaust gas cleaning systems. These
guidelines provide methodology for risk and impact assessments that Member States
Page 2 of 4(port states) should follow when considering local or regional regulations to protect the
sensitive waters/environment from the discharge water from EGCS that complies with
the Convention.
13. Recognizing the said guidelines issued by IMO requires member state mandating
additional requirements for ships using alternate means of compliance to IMO 2020, in
any of its ports, shall undertake the risk and impact assessment in accordance with
MEPC.1/Circ. 899. And further advise the member states to notify the IMO, the list of
such ports where entry/berthing of ships with alternate means of compliance to IMO
2020 is prohibited, together with the notification of local regulations on the discharges
of discharge water from EGCS.
14. Now therefore, the Director General of Shipping, herby notifies the following uniform
procedure to be followed by all ports in India for the compliance of IMO 2020 Sulphur
cap requirements on merchant ships calling their ports:-
i. Any port or local authority proposing to prohibit IMO (MARPOL) compliant
ships (certified for alternate means of compliance to IMO 2020) from entering
their port or imposing any additional requirements, including, changeover to low
sulphur fuel oil, shall submit their request in this regard to the Director General
of Shipping, Govt. of India, along with the risk and impact assessment duly
undertaken by the respective authority in accordance with IMO-MEPC.1/Circ.
899.
ii. If approved, a list of such ports where entry/berthing of ships with alternate means
of compliance to IMO 2020 is prohibited shall be published on DGS web site,
under intimation to the IMO and a letter issued to the respective port authority for
public display and for duly alerting the ships calling their ports, in advance.
iii. No port in India shall prohibit or impose additional measures on ships certified
for alternate means of compliance to IMO 2020, unless authorized by the
competent authority as above.
15. It is also to be noted that the Directorate General of Shipping and its allied offices are
conferred with powers to ensure compliance to IMO Conventions on all ships operating
in the coast of India, under the ambit of Merchant Shipping Act and the Rules framed
thereunder. It is therefore advised that any restriction placed on any ship by any port or
local authorities in contravention of the above and thereby impede the smooth conduct
Page 3 of 4of legitimate ship operations, may be undertaken only after due consultation with the
Director General of Shipping.
16. All Principal Officers and Surveyors In-Charge of Mercantile Marine Departments are
hereby advised to circulate this circular to all ports in their jurisdiction and any non-
compliance by any port to be reported to this Directorate immediately.
17. This is issued with the approval of the Competent Authority.
Sd/-
(Vikrant Rai)
Engineer & Ship Surveyor-cum-DDG (Tech)
To,
1. The Principal Officer Mercantile Marine Department (Mumbai/ Chennai/ Kolkatta/
Kochi/ Kandla).
2. All Surveyor-in-charge, Mercantile Marine Department
3. The Indian National Ship-owners Association (INSA)
4. The Indian Coastal Conference Shipping Association (ICCSA)
5. Indian Ports Association (IPA)
6. .Foreign Owners Representatives and Ship-manages Association. (FOSMA)
7. Maritime Association of Ship-owners Ship-managers and Agents (MASSA)
8. All Stakeholders/ Shipping Companies through DGS Website.
9. AD (OL) Hindi Cell with a request to translate this circular in Hindi and upload on
DGS website.
10. The Computer Cell, DGS, GOI with a request to upload this circular on the official
website
Copy for information to:
Sr. PS to DG(S)
Sr. PS to Addl. DG(S)
Sr. PS to Chief Surveyor
Sr. PS to Nautical Advisor (I/c)
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