- UK Maritime Guidance Note (MGN) 704: Published by the UK Maritime and Coastguard Agency, the note highlights amendments to MARPOL Annex I, introducing a phased prohibition on heavy fuel oil (HFO) use in Arctic waters.
- Objective: Protect the Arctic’s fragile ecosystem from oil pollution risks, extending existing Antarctic prohibitions to the Arctic region.
- Phased Implementation: Begins in 2024 with exemptions; becomes universal in 2029 with all exemptions phased out.
- Operator Compliance: Requires adaptation to alternative fuels, enhanced safety measures, or operational adjustments.
- Alignment with Global Efforts: Supports sustainable shipping practices and addresses environmental challenges in vulnerable regions.
According to Marine Regulations, The UK Maritime and Coastguard Agency, through Maritime Guidance Note (MGN) 704, reported recent amendments to Annex I of the International Convention for the Prevention of Pollution from Ships (MARPOL). These amendments, adopted under IMO Resolution MEPC.329(76), introduce a phased prohibition on the use and carriage of heavy fuel oil (HFO) in Arctic waters. Known as Regulation 43A, the measure seeks to protect the Arctic’s sensitive marine ecosystem from the heightened risks of oil pollution, a critical concern given the region’s challenging conditions for spill cleanup operations.
Extension of Antarctic Measures to the Arctic
The amendments extend prohibitions on heavy-grade oil use, previously limited to Antarctic waters, to Arctic waters. The changes were incorporated into UK law via the Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 2024, which update earlier 2019 regulations. Heavy fuel oil is defined under MARPOL Annex I Regulation 43.1.2 as any oil (excluding crude oils) with a density greater than 900 kg/m³ at 15°C or a kinematic viscosity exceeding 180 mm²/s at 50°C. These oils include heavy-grade oils, tar, bitumen, and their emulsions.
Phased Implementation of Regulation 43A
The prohibition will be implemented in two stages:
- Stage 1 (Effective 1st July 2024): Applies to most vessels operating in Arctic waters, with specific exemptions for certain vessel designs, safety features, or operational roles, such as search and rescue or oil spill response. Waivers may also be granted for ships flagged by Arctic coastal states operating within their jurisdictions.
- Stage 2 (Effective 1st July 2029): Prohibition becomes universal, phasing out all exemptions and waivers to ensure full compliance across all vessels.
Exemptions and Waivers
Exemptions are provided to vessels engaged in critical roles, including safeguarding other ships, search and rescue operations, or oil spill response efforts. Waivers may be issued to ships flagged by Arctic coastal states if their operations are confined to those states’ waters. The UK, however, as a non-Arctic state, does not issue waivers.
Compliance Requirements for Operators
Ship operators must adapt to the regulation by upgrading fuel systems, transitioning to alternative fuels, or modifying operational practices. Ships built after 1st January 2017 may already meet compliance standards due to requirements under the Polar Code for fuel tank separation and protection. Non-compliance post-2029 could result in penalties or operational restrictions.
Environmental Impact and Global Alignment
The Arctic ecosystem’s vulnerability to pollution necessitates strict measures against HFO use, given the risks of long-lasting contamination and adverse effects on wildlife and local communities. This regulation aligns with global initiatives to combat climate change and marine pollution. By 2029, the universal application of the prohibition will mark a significant advancement toward sustainable shipping in one of the planet’s most delicate ecosystems.
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Source: Marine Regulations
