The Hong Kong Legislative Council has recently approved the Air Pollution Control (Fuel for Vessels) Regulation, extending the 0.5% sulphur limit standard from ships berthed at port to ships generally operating in Hong Kong waters. From 1st January 2019, all vessels are required to use compliant fuel with a sulphur content not exceeding 0.5% or use scrubbers when within Hong Kong waters.
When the Regulation comes into effect, the master and owner concerned of any vessel using non-compliant fuel within the waters of Hong Kong will be liable to a maximum fine of $200,000 and imprisonment for six months. Ship masters and ship owners of ships who fail to record or keep the required particulars will be liable to a maximum fine of $50,000 and imprisonment for three months.
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Except from Hong Kong, other Asian countries have announced equivalent measures to take effect earlier than 1st of January 2020, when the IMO’s sulphur cap regulation enters into force.
Taiwan
Taiwan’s Ministry of Transportation and Communications also announced in February 2018 that all vessels calling Taiwan’s ports must run on 0.5% sulphur fuel or other compliant fuel, unless having scrubbers, starting from 1st January 2019, to ensure consistent implementation of the IMO sulphur cap.
It has been reported that the Ministry also announced a grant of T$5,000 to all ships entering regional ports that have changed to compliant fuel before 1 January 2019, starting from 1 February through 2018.
China
As of 1st October 2018, ships operating in China’s Yangtze River Delta domestic ECA can no longer use fuel with a sulphur content exceeding 0.5%, unless an approved exhaust gas cleaning system is installed. Hence, from this date, any fuel change-over operation should be completed prior to the entry into or commenced after exit from the Yangtze River Delta ECA.
China designated the Pearl River and Yangtze River Deltas, and Bohai-rim Waters as domestic emission control areas (ECA) in 2015 and announced a gradual implementation of the requirements concerning emissions of air pollutants from ships.
Although some media reports have indicated that China may, as of 1 January 2019, expand the geographical coverage of the 0.50% sulphur cap to apply to ships sailing within its entire territorial sea, we are, at the time of writing, not aware that the Chinese government has issued any formal notice to this effect,
…Gard P&I Club informed.
Recommendations
Gard P&I Club advised ship owners and operators trading to Asia Pacific to:
- emphasise that a ship’s fuel changeover operations must be completed prior to the entry into or commenced after exit from a designated area;
- in order to avoid contamination, ensure that the written changeover procedure allow sufficient time for the fuel oil service system to be fully flushed of all fuel oils exceeding the applicable sulphur content prior to entry into the designated area;
- highlight the importance of correctly completing ships’ log books, by including items such as the time when fuel changeover operations are performed, the volume of low sulphur fuel oils in each tank, as well as the date, time, and position of the ship when any fuel oil changeover operation has been completed prior to the entry into the designated area or commenced after exit from such an area;
- ensure that the quality of fuel purchased can be documented, e.g. by obtaining and retaining onboard bunker delivery notes (BDNs) and representative samples of the low sulphur fuel oil delivered; and
- verify the applicable sulphur emission requirements at any given time with the local agent or port authorities well before arrival as local cities and relevant authorities continue to evaluate the implementation of the new regulation and the control measures to be taken.
