According to West of England Club, starting from July 1, 2024, new regulations under MARPOL Annex 1 will impose strict restrictions on the use and carriage of Heavy Fuel Oil (HFO) in Arctic waters.
As explained, it includes the addition of a new regulation to Chapter 9 of Annex 1 under the title Regulation 43A- Special requirements for the use of and carriage of oils as fuels in Arctic waters.
As part of an intention to minimize the risk of oil pollution within the Arctic region, the IMO introduced the prohibition on the use of and carriage of Heavy Fuel Oil (HFO) within Arctic waters.
The fuels that will no longer permitted under this regulation are listed below as per Regulation 43.1.2 of MARPOL Annex 1, including:
- crude oils having a density at 15°C higher than 900kg/m3,
- oils other than crude oils, having a density at 15°C higher than 900kg/m3 or a kinematic viscosity at 50°C higher than 180mm2/s
- bitumen, tar, and their emulsions
Vessels engaged in securing the safety of ships or those engaged in search and rescue as well as ships dedicated to oil spill preparedness and response are not subject to this regulation. There are notable temporary waivers that are applicable to certain vessels under the regulation.
As explained, coastal states whose coastlines border Arctic waters may temporarily waive the requirements noted above for ships flying the flag of that country while operating in waters subject to the sovereignty or authority of that country. This use of this temporary waiver will be available until July 1 st, 2029. After this date, this temporary waiver will no longer be a permissible option.
Additionally, vessels that are compliant with the requirements of MARPOL Annex 1 Regulation 12A (Oil Fuel Tank Protection) and or Chapter 1 of Part II-A of the
Polar Code will fall under this regulatory requirement on or after July 1st, 2029.
Recent enforcement actions, such as the substantial fines imposed on the Irish cargo ship “Arklow Wind” by Norwegian authorities for environmental violations in Svalbard, underscore the importance of adhering to these regulations.
