1 The Marine Environment Protection Committee,
at its fifty-fourth session held from 20 to 24 March 2006, considered
the provisions of regulation 18 on
fuel oil quality of MARPOL Annex VI,
recognizing that MARPOL Annex VI entered
into force on 19 May 2005.
2 The Committee recalled that MARPOL Annex VI
by regulation 18 places requirements
on ship owners and fuel oil suppliers in respect of bunker delivery
notes and representative samples of the fuel oil received and on Parties
to the 1997 Protocol to regulate the bunker suppliers in their ports.
3 The Committee noted that regulation 18(3) states that details
of fuel oil for combustion purposes delivered to and used onboard
ships shall be recorded by means of a bunker delivery note as specified
in appendix V to MARPOL Annex
VI, which shall contain at least: name and IMO number of receiving
ship, port, date of commencement of delivery, name, address and telephone
number of marine fuel oil supplier, product name(s), quantity (metric
tons), density at 15°C (kg/m3), sulphur content (%
m/m) and a declaration signed and certified by the fuel oil supplier’s
representative that the fuel oil supplied is in conformity with regulation 14(1) or (4)(a) and regulation 18(1) of MARPOL Annex VI.
4
Regulation 18(6) of
MARPOL Annex VI states that the bunker delivery note shall be accompanied
by a representative sample of the fuel oil delivered, taking into
account Guidelines for the Sampling of Fuel Oil for Determination
of Compliance with Annex VI of MARPOL (available as IMO-1665E), adopted
by resolution MEPC.96(47).
5
Regulation 18(7) of
MARPOL Annex VI states, inter alia, that Parties to the
1997 Protocol undertake to ensure that appropriate authorities designated
by them maintain a register of local fuel oil suppliers; and to require
these local fuel oil suppliers to provide ships with bunker delivery
notes and representative fuel oil samples as required by MARPOL Annex VI.
6 The Committee noted the concern expressed by
several Members on problems relating to ships that cannot obtain the
bunker delivery note and/or the representative sample in respect of
fuel oils as delivered.
7 The Committee noted further that ships without
the bunker delivery notes and the representative samples as called
for by regulation 18 of MARPOL
Annex VI may experience problems and possible delays in subsequent
ports of call if subject to port State control by a Party to the 1997
Protocol.
8 The Committee agreed that by operating the principle
of no more favourable treatment, ships flying the flag
of States not Party to the 1997 Protocol are to comply with it as
a condition for entry into port of a State Party to it.
9 Additionally, ships flying the flag of States
which are Party to the 1997 Protocol which receive fuel oil bunkers
in ports which are in States which are not Party to the 1997 Protocol
nevertheless require the bunker delivery note and representative sample
as required by regulation 18(3) and regulation 18(6).
10 The Committee agreed to urge all Member States,
both Parties and non-Parties to the 1997 Protocol, to require fuel
oil suppliers in their ports to comply with the requirements of regulation 18 of MARPOL Annex VI and resolution MEPC.96(47) and to raise awareness
of the necessity to enhance implementation and enforcement of regulation 18 of MARPOL Annex VI.
11 The Committee invites all Member States to
inform the Organization of their experiences and adopted procedures
concerning fuel oil supplier registration schemes.