**Executive Summary**
This document, MEPC.1/Circ.881, issued on May 21, 2019, provides guidance for port State control on contingency measures when addressing non-compliant fuel oil. The Marine Environment Protection Committee (MEPC) approved this guidance during its seventy-fourth session (May 13-17, 2019). Member Governments are invited to bring this guidance to the attention of relevant stakeholders.
**Key Points / Main Content**
* **Contingency Measures for Non-Compliant Fuel Oil:**
* In case of non-compliant fuel oil, communication between the ship and the port State should occur.
* The ship and port State should consider predetermined actions in the Ship Implementation Plan, if available.
* **Possible Actions:**
* Discharging non-compliant fuel oil to another ship or a shore-based facility.
* Managing the non-compliant fuel oil in a manner acceptable to the port State.
* Taking operational actions, such as modifying sailing schedules or retaining the non-compliant fuel on board. The port State and the ship should consider any safety issues and avoid possible undue delays.
* **Decision on Fuel Oil Disposal:**
* Following consideration of the above options, the non-compliant fuel oil may be discharged to the port or retained on board, as acceptable to the port State.
* Port State consideration may include environmental, safety, operational, and logistical implications.
* **Collaboration:**
* The port State, flag State, and ship should work together to agree on the most appropriate solution, considering the Fuel Oil Non-Availability Report (FONAR).
* **Post-Disposal Actions:**
* After the non-compliant fuel oil is completely used or discharged, actions should include the possibility of cleaning and/or flushing through or dilution of remaining residues by using compliant fuel oil with the lowest sulphur content available.
**Impact Analysis**
**Member Governments**
* **Impact:** Need to be aware of and implement the guidance on port State control regarding non-compliant fuel oil.
* **Action Required:** Bring the guidance to the attention of their Administration, industry, relevant shipping and fuel industry organizations, shipping companies and other stakeholders concerned.
**Port States**
* **Impact:** Need to implement contingency measures for dealing with ships carrying non-compliant fuel oil, considering environmental, safety, operational, and logistical implications.
* **Action Required:** Communicate with ships, consider various options for handling non-compliant fuel oil, and collaborate with the flag State and ship to agree on the most appropriate solution.
**Flag States**
* **Impact:** Need to be involved in finding solutions for ships carrying non-compliant fuel oil.
* **Action Required:** Collaborate with the port State and ship to agree on the most appropriate solution.
**Ships**
* **Impact:** Need to communicate with the port State if carrying non-compliant fuel oil and be prepared to implement contingency measures.
* **Action Required:** Communicate with port State, consider possible contingency measures, provide Fuel Oil Non-Availability Report (FONAR) information, and work with the port and flag States to agree on a solution.
**Industry, Shipping Companies and Fuel Industry Organizations**
* **Impact:** Need to be aware of the guidance and its implications for fuel oil management.
* **Action Required:** Stay informed on the guidance and adjust fuel management practices as needed.
Key Entities Referenced
Guidance for Port State Control on Contingency Measures for Addressing Non-Compliant Fuel Oil: Document providing guidance on contingency measures for addressing non-compliant fuel oil discovered during port State control.
Marine Environment Protection Committee: IMO committee that approved the guidance.
MARPOL Annex VI: International convention addressing air pollution from ships; relevant to sulphur limits in fuel oil.
Fuel Oil Non-Availability Report (FONAR): Report considered when addressing non-compliant fuel oil.
London: Location of the IMO headquarters, where the guidance originated.
E
4 ALBERT EMBANKMENT
LONDON SE1 7SR
Telephone: +44 (0)20 7735 7611 Fax: +44 (0)20 7587 3210
MEPC.1/Circ.881
21 May 2019
GUIDANCE FOR PORT STATE CONTROL ON CONTINGENCY MEASURES FOR
ADDRESSING NON-COMPLIANT FUEL OIL
1 The Marine Environment Protection Committee, at its seventy-fourth session
(13 to 17 May 2019), approved the Guidance for port State control on contingency measures
for addressing non-compliant fuel oil, as set out in the annex.
2 Member Governments are invited to bring the annexed Guidance to the attention of
their Administration, industry, relevant shipping and fuel industry organizations, shipping
companies and other stakeholders concerned, as appropriate.
***
I:\CIRC\MEPC\01\MEPC.1-Circ.881.docxMEPC.1/Circ.881
Annex, page 1
ANNEX
GUIDANCE FOR PORT STATE CONTROL ON CONTINGENCY MEASURES FOR
ADDRESSING NON-COMPLIANT FUEL OIL
1 In the case of non-compliant fuel oil, communication between the ship and the port
State should occur. The ship and the port State should consider the following as possible
contingency measures:
.1 actions predetermined in the Ship implementation plan, if available, for
consistent implementation of the 0.50% sulphur limit under MARPOL
Annex VI (MEPC.1/Circ.878);
.2 discharging non-compliant fuel oil to another ship to be carried as cargo or
to an appropriate shipboard or land-based facility, if practicable and
available;
.3 managing the non-compliant fuel oil in accordance with a method acceptable
to the port State; and
.4 operational actions, such as modifying sailing or bunkering schedules and/or
retention of non-compliant fuel oil on board the ship. The port State and the
ship should consider any safety issues and avoid possible undue delays.
2 Having considered all of the options in paragraph 1 above, the non-compliant fuel oil
may be discharged to the port or retained on board, as acceptable to the port State. Port State
consideration may include environmental, safety, operational and logistical implications of
allowing or disallowing the carriage of non-compliant fuel oil. The carriage of non-compliant
fuel oil is subject to any conditions of the port State.
3 The port State, the flag State and the ship should work together to agree on the most
appropriate solution, taking into account the information provided in the Fuel Oil
Non-Availability Report (FONAR),* to address the non-compliant fuel oil.
4 After the non-compliant fuel oil is completely used or discharged, such actions should
include the possibility of cleaning and/or flushing through or dilution of remaining residues by
using compliant fuel oil with the lowest sulphur content available.
___________
* Appendix 1 of the 2019 Guidelines for consistent implementation of the 0.50% sulphur limit under MARPOL
Annex VI (MEPC.320(74)).
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