The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008

Fuel oil quality

25.—(1) This regulation does not apply to—

(a) coal in its solid form;

(b) nuclear fuels;

(c) any hydrocarbon which is produced on a platform and used on that platform as fuel, if that use has been approved by the Secretary of State.

(2) A fuel oil supplier must ensure that fuel oil for combustion purposes delivered to a relevant ship for use on board that ship meets the requirements in paragraph (4) or (5) as applicable.

(3) The master of a relevant ship must ensure that fuel oil for combustion purposes used on board that ship meets the requirements of paragraph (4) or (5).

[F1 (3A) The master of a relevant ship must notify its flag state and the competent authority of the relevant port of destination when it cannot purchase fuel oil for combustion purposes to be used on board that ship that meets the requirements of paragraph (4) or (5).

(3B) The master of a relevant ship which has on board fuel oil for combustion purposes which does not meet the requirements of paragraph (4) or (5) must comply with any requirement of the Secretary of State as notified in a Merchant Shipping Notice.]

(4) Where the fuel oil is blends of hydrocarbons derived from petroleum refining, it must not—

(a) incorporate more than a small amount of additives intended to improve some aspects of performance;

(b) contain inorganic acid;

(c) include any added substance or chemical waste which—

(i) jeopardises the safety of the relevant ship;

(ii) adversely affects the performance of the machinery;

(iii) is harmful to personnel; or

(iv) causes increased air pollution.

(5) Fuel oil for combustion purposes derived by methods other than petroleum refining must not—

(a) exceed the appropriate sulphur content limit;

(b) cause an engine to exceed the nitrogen oxide emission limits in regulation 21(4) [F2 , (4B) or (4D)];

(c) contain any inorganic acid;

(d) jeopardise the safety of the relevant ship or adversely affect the performance of the machinery;

(e) be harmful to personnel; or

(f) include any added substance or chemical which causes additional air pollution.

[F3 (6) For the purposes of paragraph (5), the appropriate sulphur content limit means—

(a) not more than 0.10 per cent by mass in the case of fuel oil used or intended to be used in an emission control area;

(b) subject to paragraph (c), not more than 0.50 per cent by mass in the case of fuel oil used or intended to be used outside an emission control area;

(c) not more than 0.10 per cent by mass in the case of fuel oil used or intended to be used by a ship while paragraph 4(3) of Schedule 2A applies to that ship.]

(7) A local supplier of fuel oil for combustion purposes delivered to and used on board a relevant ship must—

(a) register with the Secretary of State in accordance with the provisions of Schedule 7 to Merchant Shipping Notice 1819 (M+F);

(b) provide the master of the relevant ship with a bunker delivery note containing the information set out in [F4 Appendix V to Annex VI];

(c) provide a declaration in the bunker delivery note that is signed by the fuel oil supplier’s representative that the fuel oil supplied conforms with regulations 14(1) or 14(4)(a) (as applicable) and 18(1) of Annex VI;

(d) retain a copy of the bunker delivery note for three years from the date of delivery; and

(e) not contaminate or blend the fuel so that it no longer conforms with the declaration required by sub-paragraph (c).

(8) The master of a relevant ship must—

(a) ensure that the bunker delivery note is kept on board the ship in a place so as to be readily available for inspection at all reasonable times;

(b) when requested by an inspector appointed by the Secretary of State to do so, certify whether any copy of the bunker delivery note is a true copy of the original; and

(c) ensure that the bunker delivery note is retained for a period of three years from the day on which the fuel oil has been delivered on board.

(9) The local supplier’s representative must provide a representative sample of the fuel oil delivered to accompany the bunker delivery note, and that sample must—

(a) be collected in accordance with Schedule 7 and Appendix 1 to Merchant Shipping Notice 1819 (M+F);

(b) on completion of bunkering operations be sealed and signed by the local supplier’s representative and the master or officer in charge of the bunkering operation; and

(c) be retained under the control of the master or owner of the ship for not less than twelve months starting with the day of delivery or until the fuel oil is substantially consumed if the fuel oil is not consumed in less than twelve months.

(10) The bunker delivery note and the sample of fuel oil required under paragraphs (7), (8) and (9) must be available for inspection and verification at all reasonable times in accordance with Schedule 7 to Merchant Shipping Notice 1819 (M+F).

(11) The bunker delivery note required under paragraphs (7) and (8) must be available for copies to be made at all reasonable times.

(12) In this regulation—

(a) “fuel oil supplier” means a person who is responsible for the final blend of fuel oil supplied to a local supplier of fuel oil;

(b) “fuel oil supplier’s representative” means a person appointed by a fuel oil supplier to provide a declaration on the bunker delivery note that the fuel supplied complies with regulations 14(1) or 14(4)(a) (as applicable) and 18(1) of Annex VI;

(c) “local supplier of fuel oil” means a person who receives fuel oil with a view to its delivery to and use on board a relevant ship; and

(d) “local supplier’s representative” means a person who delivers fuel oil to a relevant ship on behalf of a local supplier of fuel oil; and

(e) “relevant ship” means—

(i) a platform; or

(ii) a ship, other than a platform, of 400GT or above.

Textual Amendments

F1 Reg. 25(3A)(3B) inserted (16.12.2014) by The Merchant Shipping (Prevention of Air Pollution from Ships) and Motor Fuel (Composition and Content) (Amendment) Regulations 2014 (S.I. 2014/3076), regs. 1, 2(3)(a)

F2 Words in reg. 25(5)(b) inserted (22.10.2021) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021 (S.I. 2021/1108), regs. 1(b), 2(8)(a)

F3 Reg. 25(6) substituted (22.10.2021) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021 (S.I. 2021/1108), regs. 1(b), 2(8)(b)

F4 Words in reg. 25(7)(b) substituted (22.10.2021) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021 (S.I. 2021/1108), regs. 1(b), 2(8)(c)