Bunkers Sampling requirements_IMO Rules due date 01 April 2022-Blending requirements
Fuel oil sampling and verification (by safety4sea.com)
The amendments introduce two new fuel oil samples for confirming compliance with MARPOL sulphur requirements and the carriage ban for fuel oil with a sulphur content exceeding 0.50%, namely the “in-use” sample drawn from the fuel oil system representing the fuel in use, and the “on-board” sample representing fuel intended to be used and carried in the fuel oil storage tanks.
See also: IMO’s suggested ‘Onboard sample’ procedure could cause confusion, BIMCO warns
Furthermore, sampling points for the purpose of taking the “in-use” sample will be required, fitted or designated.
For existing ships constructed before 1 April 2022, this shall be performed no later than the first IAPP renewal survey carried out on or after 1 April 2023. Please note that the fitting or designating of sampling points is not applicable to a fuel oil system for low-flashpoint fuels (flashpoint <60°C)...explains DNV GL.
Finally, a new Part 2 was added to Appendix VI of MARPOL Annex VI giving the verification procedure for the new “in-use” and “on-board” samples. To avoid ships being unjustly fined for marginal excess in sulphur content beyond their control, as opposed to the verification procedure in Part 1 for the MARPOL-delivered sample taken during bunkering, a 95% confidential interval has been given.
This implies that a sulphur content of up to 0.53% may be accepted as compliant when testing the “in-use” and “on-board” samples.
The amendments are expected to enter into force 1 April 2022, however IBIA hopes the reminder in the preamble regarding MEPC.1/Circ.882 may improve the chances of Member Governments applying them without delay, which would alleviate problems that the industry is experiencing today,...IBIA said on this matter.
MARPOL Annex VI Fuel oil sampling and verification (by DNVGL):
The amendments introduce two new fuel oil samples for the purpose of confirming compliance with the MARPOL sulphur requirements and the carriage ban for fuel oil with a sulphur content exceeding 0.50%, namely the “in-u se” sample drawn from the fuel oil system representing the fuel in use, and the “on-board” sample representing fuel intended to be used and carried in the fuel oil storage tanks.
Furthermore, sampling points for the purpose of taking the “in-use” sample will be required, fitted or designated. For existing ships constructed before 1 April 2022, this shall be performed no later than the first IAPP renewal survey carried out on or after 1 April 2023.
Please note that the fitting or designating of sampling points is not applicable to a fuel oil system for low-flashpoint fuels (flashpoint <60°C). Finally, a new Part 2 was added to Appendix VI of MARPOL Annex VI giving the verification procedure for the new “in-use” and “on-board” samples. To avoid ships being unjustly fined for marginal excess in sulphur content beyond their control, as opposed to the verification procedure in Part 1 for the MARPOL-delivered sample taken during bunkering, a 95% confidential interval has been given.
This implies that a sulphur content of up to 0.53% may be accepted as compliant when testing the “in-use” and “on-board” samples.
IMO seeking to amend sulphur testing and sampling regulation
While shipowners have been focused on the 2020 sulphur regulation which entered into force on 1 January 2020 due to safety concerns, IMO members states have had their eyes on the procedures that control whether ships are carrying low-sulphur fuel oil in accordance with the new regulations.
In connection with the amendments to MARPOL Annex VI a few definitions will come in handy:
- In-use sample, defined as the sample of fuel oil in use on a ship. It can for example be drawn from the fuel oil line between the service tank and an auxiliary engine.
- On board sample, defined as the sample of fuel oil intended to be used or carried for use on board a ship. It is drawn directly or indirectly from fuel oil tanks.
According to the new regulation, authorities including Port State Control are thus given explicit authority to draw oil samples from the ship’s fuel oil tanks.
BIMCO is concerned with the suggested procedure for ‘On board sampling’ to be used for determining if the ship is in compliance with the sulphur regulation, since the only truly homogenous and representative fuel oil sample is the MARPOL sample (MARPOL delivered sample). The new suggestion could cause confusion and uncertainty between the ship, bunker supplier, time charter and other stakeholders, especially if the testing results turn out to be different, BIMCO believes.
Direct samples drawn through the sounding pipe or the manhole cannot in BIMCO’s view be considered homogenous and representative for the sulphur content in the fuel oil tank. This is recognised (but also disregarded) in the circular on early application of the verification procedures for a MARPOL Annex VI fuel oil sample (MEPC.1/Circ.882 ):
“The in-use or on board fuel oil sample, as appropriate, shall be used to verify the sulphur content of the fuel oil as represented by that sample of fuel oil at the point of sampling.”
This means that a fuel oil sample drawn by PSC is only representative of the fuel oil at the level or point of suction, but not representative of the fuel oil in the tank.
Indirect samples drawn by using the fuel oil transfer pump, cannot be used either, since the sample is not homogenous and representative of the sulphur content in the tank. Since the transfer pump’s suction is placed in the bottom of the fuel tank, BIMCO fears that such samples would show wrong results even if the sulphur content of the fuel oil is actually compliant.
This leads to the fact that the only fuel sample truly homogenous and representative of the sulphur content that is available today, is the MARPOL sample because it is drawn over the entire bunker operation.
Safety concerns in case of direct sampling from fuel oil tanks
A normal fuel oil tank only has two openings, the manhole, for inspection when the tank is empty, and the sounding pipe. Fuel oil tanks on existing ships are not constructed with designated sampling points.
The manhole should never be opened while there is fuel oil inside the tank. Fuel oils are stored at high temperatures and it is consequently unsafe for the people taking the sample.
The MARPOL (delivered) sample is still essential
The statutory fuel verification procedure for MARPOL Annex VI fuel oil samples is being updated to include the new fuel oil samples and making the text of the circular on early application of the verification procedures for a MARPOL Annex VI fuel oil sample mandatory.
More information can be found here interpretation of the discord between MARPOL and commercial fuel samples.
Compared to the current verification procedure, MARPOL (delivered) samples will in the future be tested without taking the Reproducibility (R) of the test method into consideration. This means there will be no test margin and thus, the test result of a MARPOL sample (average of two tests by the same laboratory) must not exceed 0.50% m/m sulphur.
For ‘In-use’ and ‘On board’ samples, the Reproducibility (R) of the test method, in accordance with ISO 4259-2:2017, should be taken into consideration when assessing whether the test result is acceptable or not. This means that the test result, from the fuel oil samples drawn by PSC, shall be considered acceptable if the sulphur content does not exceed 0.53%.
This small but essential difference between the verification procedure for MARPOL samples and samples drawn by PSC was agreed by IMO deliberately. The difference is intended to ensure that ships are not unfairly penalised for marginal exceedances due to factors outside the ship’s control. Time will show if this is sufficient to avoid that different conclusions are drawn from the different types of samples.
In the end we should not forget that it is still the responsibility of the supplier to deliver fuel oil which is compliant with the statutory sulphur content limits i.e. 0.50% or 0.10% m/m.
by BIMCO
THE DISCORD BETWEEN MARPOL AND COMMERCIAL FUEL SAMPLES INTERPRETED
When the 0.50% global IMO sulphur regulation takes effect, all stakeholders will play a role in securing compliance with the regulation. Three types of fuel oil samples willbe used in the industry, and the sulphur content of these samples is verified in accordance with different procedures.
The three types of fuel oil samples are; The statutory MARPOL sample drawn during the bunker operation, the statutory samples drawn by PSC (either in-use or onboardfuel oil samples) and lastly, the commercial samples drawn during the bunker operation. The sulphur content of these fuel oil samples is verified in accordance with differentprocedures, which are; IMO’s fuel verification procedure for MARPOL (delivered) fuel oil sample, IMO’s fuel verification procedure for in-use and onboard fuel oil samplesand lastly, ISO 4259:2017 Petroleum and related products – Precision of measurement methods and results.
The MARPOL sample is essentialAccording to regulation 18 of MARPOL Annex VI, the statutory MARPOL sample is the only representative sample of the fuel oil delivered. Since the MARPOL sample is astatutory sample, it can only be tested by an Administration (Flag State or Port State):
“The bunker delivery note shall be accompanied by a representative sample of the fuel oil delivered taking into account guidelines developed by the Organization. Thesample 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 andretained 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.
If an Administration requires the representative sample to be analysed, it shall be done in accordance with the verification procedure set forth in appendix VI to determinewhether the fuel oil meets the requirements of this Annex.”Appendix VI of MARPOL Annex VI contains the fuel verification procedure for MARPOL samples, and the appendix underline that only the MARPOL sample can be used todetermine the sulphur content of the fuel oil supplied to a ship:
“The representative fuel oil sample, which is required by paragraph 8.1 of regulation 18 (the “MARPOL sample”) shall be used to verify the sulphur content of the fuel oilsupplied to a ship.”At the MEPC 74 meeting in May 2019, IMO approved amendments to the verification procedures for fuel oil samples drawn in accordance with MARPOL Annex VI.
These amendments have not yet entered into force, as they have not been adopted, but to ensure a consistent approach to verifying the sulphur limit, IMO has circulated the amendments for early application by Administrations (MEPC.1/Circ.882).
Compared to the current verification procedure, MARPOL samples will in the future be tested without taking the Reproducibility (R) of the test method into consideration.This means that there will be no test margin and thus the test result of a MARPOL sample tested (average of two tests by the same laboratory) must not exceed 0.50%m/m sulphur.
Fuel oil samples taken by Port Sate Control (PSC)With the agreed amendments to MARPOL Annex VI, two new statutory samples may be included in MARPOL Annex VI. These new samples are named the ‘In-use sample ’and the ‘On board sample’, and they are intended to be drawn by port state authorities: “In-use sample means the sample of fuel oil in use on a ship.
”“On board sample means the sample of fuel oil intended to be used or carried for use on board that ship.”Compared to the MARPOL sample, which is used to verify the sulphur content of the fuel oil supplied to a ship, the samples drawn by PSC are used to verify the sulphur content of the fuel oil at the point of sampling, e.g. in the fuel oil line between the service tank and an auxiliary engine: “The in-use or on board fuel oil sample, as appropriate, shall be used to verify the sulphur content of the fuel oil as represented by that sample of fuel oil at the point of sampling.”
According to the new approved verification procedures for ‘In-use’ and ‘On board’ samples, the Reproducibility (R) of the test method, in accordance with ISO 4259-2:2017,should be taken into consideration, when assessing whether the test result is acceptable or not.
This means that the test result, from the fuel oil samples drawn by PSC,shall be considered acceptable if the sulphur content does not exceed 0.53%.
This small but essential difference between the verification procedure for MARPOL samples and samples drawn by PSC is agreed by IMO deliberately.
The difference is intended to ensure that ships are not unfairly penalised for marginal exceedances due to factors outside the ship’s control. However, it is still the responsibility of the supplier to deliver fuel oil which is compliant with the statutory sulphur content limits i.e. 0.50% or 0.10% m/m.
The commercial samples are only indicative Commercial samples are drawn and tested by shipowners’ on a voluntary basis, not only to verify the sulphur content, but primarily to verify the physical and chemical properties in accordance with ISO 8217.
However, under MARPOL Annex VI, there is no requirement for the receiving ship to verify the sulphur content.
The commercial sample(s) drawn by the ship and the supplier during the bunker operation is no legal proof when it comes to discussions about sulphur content and whether in compliance with MARPOL.
The result of a test of a commercial sample is indicative of the sulphur content of the fuel. ISO 4259 should be used to evaluate the result and if it falls within the 95% confidence of the sulphur content stated by the supplier on the Bunker Delivery Note (BDN), the BDN can be considered verified.The bunker suppliers’ responsibility IMO’s guidance on best practice for fuel oil suppliers for assuring the quality of fuel oil delivered to ships (MEPC.1/Circ.875/Add.1) in several places clearly point out that it isthe bunker suppliers’ responsibility to ensure that the fuel oil delivered complies with the statutory sulphur limits
1.2 “Fuel oil purchasers are responsible for correctly specifying the fuel oil which is to be supplied. It is the responsibility of the supplier to deliver fuel oil which is compliantwith the agreed specification and statutory limits.
”4.1 “In order to ensure that the quality of bunkers delivered to ships meets the relevant specifications, suppliers should source from appropriate refinery streams and/orhydrocarbon streams from synthetic or renewable sources to produce bunkers meeting the relevant specifications. The end product should be homogeneous and stable.
” 4.2 “To ensure that the product conforms to relevant specifications and statutory limits, the final blend should always be tested against the relevant standards and the test results should be documented.
”5.13 “If it is anticipated that the product will be close to a limit maximum/minimum, the producer should keep in mind the precision of individual test methods when setting blend targets to ensure the product meets the specification limit with sufficient confidence. In the case of fuel oil sulphur content, producers are recommended to follow the guidelines provided in ISO 4259 Petroleum products -- Determination and application of precision data in relation to methods of test.
”10.3 “For the bunker producer/supplier, the recommendation is that the blend target should not be the actual specification limit, but rather the limit minus (or plus if it is a minimum limit) an appropriate safety margin. For the bunker producer/supplier to ensure that the product meets the specification limit with 95% confidence, the blend target should be the limit minus 0.59R for a maximum limit (or plus 0.59R for a minimum limit).
”Interpretation by the BIMCO Secretariat
Regardless of the discord between the different sample verification procedures, there is still a “hard limit” in case a Port State decides to analyse the MARPOL sample.
Any test result of the MARPOL sample exceeding 0.50% would according to IMO’s guidance be considered non-compliant. Failure of a supplier to supply fuel oil in accordance with what is stated on the BDN is a breach of MARPOL Annex VI.
Irrespective of what is stated in the commercial contract, the supplier is in default of the law and this should additionally be the basis of legal actions – not what is in the general terms of the purchase contract.
BIMCO recommends making this clear in the purchase terms, as just referring to ISO 4259 may in some cases lead to breach of MARPOL Annex VI, and potentially also national law,on the supplier’s side.BIMCO’s interpretation does not make it compliant for ships to burn fuel within the 95% confidentiality margin, meaning fuel with a sulphur content exceeding 0.50% but not exceeding 0.53%.
Rather, the interpretation provides for a way for ships to burn such fuels in good faith, having done due diligence and established without reasonable doubt that it is compliant fuel because the BDN value has been confirmed.
However, there is still a risk that the fuel oil may be determined to be non-compliant, in accordance with MARPOL, if tested by an Administration in accordance with the MARPOL Annex VI verification procedures.
IMO’s guidance on how to handle such cases IMO has addressed the scenario, where the commercial sample indicates that the sulphur content does not correspondent with the sulphur value stated on the BDN, insection 2.1.6 of IMO’s 2019 Guidelines for Port State Control under MARPOL Annex VI chapter 3.2.1.5 “In the case where the bunker delivery note or the representative sample as required by regulation VI/18 presented to the ship are not in compliance with therelevant requirements (the BDN is set out in appendix V of MARPOL Annex VI), the master or officer in charge of the bunker operation may have documented that througha Notification to the ship’s flag Administration with copies to the port authority under whose jurisdiction the ship did not receive the required documentation pursuant tothe bunkering operation and to the bunker deliverer.
”2.1.6 “In addition, if the BDN shows compliant fuel, but the master has independent test results of the fuel oil sample taken by the ship during the bunkering which indicates non-compliance, the master may have documented that through a Notification to the ship’s flag Administration with copies to the competent authority of the relevant por tof destination, the Administration under whose jurisdiction the bunker deliverer is located and to the bunker deliverer.
”In this case where the test result from commercial sample analysis shows sulphur content in excess of 0.53%, BIMCO recommends sending the notification with copies to the P&I Club and the Classification Society.
by BIMCO