Fuel oil availability
1 Each Party shall take all reasonable steps to promote the availability of
fuel oils that comply with this Annex and inform the Organization of the availability of
compliant fuel oils in its ports and terminals.
2.1 If a ship is found by a Party not to be in compliance with the
standards for compliant fuel oils set forth in this Annex, the competent authority of
the Party is entitled to require the ship to:
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.1 present a record of the actions taken to attempt to achieve
compliance; and
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.2 provide evidence that it attempted to purchase compliant fuel oil
in accordance with its voyage plan and, if it was not made available where
planned, that attempts were made to locate alternative sources for such fuel oil
and that despite best efforts to obtain compliant fuel oil, no such fuel oil was
made available for purchase.
2.2 The ship should not be required to deviate from its intended voyage or
to delay unduly the voyage in order to achieve compliance.
2.3 If a ship provides the information set forth in paragraph 2.1 of this
regulation, a Party shall take into account all relevant circumstances and the evidence
presented to determine the appropriate action to take, including not taking control
measures.
2.4 A ship shall notify its Administration and the competent authority of
the relevant port of destination when it cannot purchase compliant fuel oil.
2.5 A Party shall notify the Organization when a ship has presented
evidence of the non-availability of compliant fuel oil.
Fuel oil quality
3 Fuel oil for combustion purposes delivered to and used on board ships to
which this Annex applies shall meet the following requirements:
4 This regulation does not apply to coal in its solid form or nuclear fuels.
Paragraphs 5, 6, 7.1, 7.2, 8.1, 8.2, 9.2, 9.3, and 9.4 of this regulation do not apply
to gas fuels such as liquefied natural gas, compressed natural gas or liquefied
petroleum gas. The sulphur content of gas fuels delivered to a ship specifically for
combustion purposes on board that ship shall be documented by the supplier.
5 For each ship subject to regulations 5 and 6 of this Annex,
details of fuel oil for combustion purposes delivered to and used on board shall be
recorded by means of a bunker delivery note that shall contain at least the information
specified in appendix
V to this Annex.
6 The bunker delivery note shall be kept on board the ship in such a place
as to be readily available for inspection at all reasonable times. It shall be retained
for a period of three years after the fuel oil has been delivered on board.
7.1 The competent authority of a Party may inspect the bunker delivery
notes on board any ship to which this Annex applies while the ship is in its port or
offshore terminal, may make a copy of each delivery note, and may require the master or
person in charge of the ship to certify that each copy is a true copy of such bunker
delivery note. The competent authority may also verify the contents of each note through
consultations with the port where the note was issued.
7.2 The inspection of the bunker delivery notes and the taking of certified
copies by the competent authority under paragraph 7.1 of this regulation shall be
performed as expeditiously as possible without causing the ship to be unduly
delayed.
8.1 The bunker delivery note shall be accompanied by a representative
sample of the fuel oil delivered taking into account the guidelines developed by the
Organization.footnote The sample is to be sealed and signed by the supplier’s
representative and the master or officer in charge of the bunker operation on completion
of bunkering operations and retained under the ship’s control until the fuel oil is
substantially consumed, but in any case for a period of not less than 12 months from the
time of delivery.
8.2 If a Party requires the representative sample to be analysed, it shall
be done in accordance with the verification procedure set forth in appendix VI to
this Annex to determine whether the fuel oil meets the requirements of this Annex.
9 Parties undertake to ensure that appropriate authorities designated by
them:
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.1 maintain a register of local suppliers of fuel oil;
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.2 require local suppliers to provide the bunker delivery note and
sample as required by this regulation, certified by the fuel oil supplier that the
fuel oil meets the requirements of regulations
14 and 18 of this Annex;
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.3 require local suppliers to retain a copy of the bunker delivery
note for at least three years for inspection and verification by the port State as
necessary;
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.4 take action as appropriate against fuel oil suppliers that have
been found to deliver fuel oil that does not comply with that stated on the bunker
delivery note;
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.5 inform the Administration of any ship receiving fuel oil found to
be non-compliant with the requirements of regulation
14 or 18 of this Annex; and
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.6 inform the Organization for circulation to Parties and Member
States of the Organization of all cases where fuel oil suppliers have failed to
meet the requirements specified in regulations
14 or 18 of this Annex.
10 In connection with port State inspections carried out by Parties, the
Parties further undertake to:
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.1 inform the Party or non-Party under whose jurisdiction a bunker
delivery note was issued of cases of delivery of non-compliant fuel oil, giving
all relevant information; and
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.2 ensure that remedial action as appropriate is taken to bring
non-compliant fuel oil discovered into compliance.
11 For every ship of 400 gross tonnage and above on scheduled services with
frequent and regular port calls, an Administration may decide after application and
consultation with affected States that compliance with paragraph 6 of this regulation
may be documented in an alternative manner that gives similar certainty of compliance
with regulations
14 or 18 of this Annex.