EU "no leeway" on 1.1.2010 deadline for 0.1%S MGO
Friday, November 13, 2009 at 10:05AM Published in Lloyds List 13th Nov 2009
Operators warned over European fuel deadline
Vessels that breach low-sulphur limits risk enforcement action
Justin Stares - Friday 13 November 2009
SHIP operators whose vessels are not equipped to burn low-sulphur fuel by the start of next year have been given a stark choice by the European Commission: risk breaking the law or avoid calling at European Union ports.
There is no chance of extending the January 1 deadline for 0.1% fuel at berth or anchor, the Brussels executive said. Operators must decide whether to “risk possible enforcement action” by member state competent authorities.
The commission statement follows requests by the industry to extend the deadline by a year. According to tanker association Intertanko, “quite a few” tankers are not ready for the change, although neither regulators nor the industry know exactly how many.
Without the necessary technical modifications there was a risk of engine room explosion if low-sulphur fuel was used. Attention has focused on the tanker fleet, though other types of ship are also said to be affected.
“The commission does not have the power to suspend the date of entry into force of the obligation to use 0.1% sulphur fuel in community ports,” the commission’s directorate-general for the environment said.
“From January 1, 2010, shipowners that have not made the necessary technical adaptations must decide whether to risk possible enforcement action by the member state competent authorities or to avoid visiting community ports until such time that they are able to comply with the directive’s requirements.”
The commission said the industry had plenty of time to prepare for the change, as the revision of the so-called sulphur directive dated back to 2005. The January 2010 deadline was chosen “to allow sufficient time for the maritime industry to bring about technical adaptation to the 0.1% limit,” the commission said, quoting the directive’s own wording.
Intertanko said it had predicted the problem five years ago. “We told the [commission] this might happen before [the directive] was adopted,” said Intertanko assistant director Kristian Fuglesang. “Quite a few tankers will be affected.”
Without a chance of a deadline extension, Intertanko is hoping prosecutions can be avoided if a ship operator can provide proof the engine conversion process has begun. Engine conversion and certification is said to take around eight months.
Implementing the low-sulphur directive was key for the EU’s air quality, the commission said. “The use of low-sulphur fuels in community ports is only one component in a programme where the community has taken measures to improve ambient air quality. Many member states are relying on the sulphur in fuels rules coming into force in order to meet mandatory air quality limits.”
Any leeway in implementing the rules will depend on the goodwill of national authorities.
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