1 The Marine Environment Protection Committee,
at its fifty-eighth session (6 to 10 October 2008), adopted, by resolution MEPC.176(58), the revised MARPOL
Annex VI, which includes, in regulation
18.2, details of actions a Party might take if a ship is not
in compliance with the standards for compliant fuel.
2 The Committee agreed to invite Member States
to consider applying the principles in regulation
18.2 of revised MARPOL Annex VI, as set forth below, where
ships are not in compliance with the standards for compliant fuels
set out in the current MARPOL Annex VI (1997 Protocol to MARPOL):
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.1 If a ship is found by a Party not to be in
compliance with the standards for compliant fuel oils set forth in
the current MARPOL Annex VI (1997 Protocol to MARPOL), the competent
authority of the Party is entitled to require the ship to:
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.1.1 present a record of the actions taken to
attempt to achieve compliance; and
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.1.2 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.
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.2 The ship should not be required to deviate
from its intended voyage or to delay unduly the voyage in order to
achieve compliance.
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.3 If a ship provides the information set forth
in paragraph 1.1 above, 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.
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.4 A ship shall notify its Administration and
the competent authority of the relevant port of destination when it
cannot purchase compliant fuel oil.
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.5 A Party shall notify the Organization when
a ship has presented evidence of the non-availability of compliant
fuel oil.
3 Member Governments are invited to disseminate
this circular to interested parties, including maritime authorities
and port State control officers.