A ‘Standard’ Club survey shows how non-standard port states will be after Implementation of Global Sulphur Regulation, writes Paul Gunton for an article published in ShipInsight.
Will uniform approach be available?
With IMO’s sulphur cap now just days away, what can shipowners and operators expect when their vessels arrive in different port state jurisdictions? Will compliant fuel be available and will there be a uniform approach to dealing with violations?
The Standard P&I club survey results show
- The answer to the second question is ‘No’, and
- The survey shows just how non-standard port states will be.
The survey
The club contacted its local correspondents and asked each of them the same set of questions.
It published the feedback from seven of them on its website on 18 December: Brazil, China, Denmark, Norway, Panama, Spain and Sweden.
The questions that the Standard Club asked:
- Will compliant bunkers be available in your jurisdiction?
- Which government body or organisation issues fines for sulphur violations?
- What is the estimated potential value of fines?
- Is there a possibility of criminal action for sulphur violations?
- Can a ship be detained for violations? If so, will a club LOU be accepted to secure its release?
- Is it possible to appeal fines?
- What contingency measures are available for ships carrying non-compliant fuel?
Availability or non-compliance?
Availability is not expected to be a problem, but what about fines for non-compliance?
Fines
In Brazil, they could be up to US$490,000; in China, up to just US$14,000.
Sweden has not yet decided how much its fines will be, but they “may be high to deter non-compliance,” the club’s correspondent reported.
Sweden
On the other hand, at least Sweden will only fine; “there are not expected to be any criminal repercussions,” its feedback reassures, while all the other states may well treat non-compliance as a criminal act under some circumstances.
Panama
Don’t bank on it in Panama, where “administrative fines are generally unappealable” or Spain, where “it is possible to appeal fines, but success is unlikely.”
Don’t go to Panama if having non-compliant fuel on board, where “there are limited options for ships to debunker non-compliant fuel.”
Complex to plan global voyages
If there is such a diversity of responses among just seven states, it will be a complex task for superintendents and engineers to plan global voyages, at least until they become familiar with the procedures at their regular ports of call.
In many cases, it is the same people or national authorities that serve as both flag state and port state officials, so it must be obvious to them that global regulation can only be simplified by a consistent global response.
Violations a criminal act?
Decide whether violations are criminal acts, whether fines are to be levied and if so how they will be set and have them applied consistently.
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Source: ShipInsight
