Sulphur Guide

Dealing with the1Sulphur Cap 2020 and beyond

The Swedish Clubwww.swedishclub.com
The Swedish Club would like to thank the following for
their contribution to this publication.

Tony Grainger Marine Engineer, TMC Marine

With more than 20 years seagoing experience, Tony is
involved in newbuild claims and disputes for owners and
shipyards, machinery and propulsion problems, cargo
fire and damage assessments and condition surveys for
various types of vessels.

Paul Harvey Associate, Piraeus, Ince & Co

Paul advises on a variety of wet and dry shipping litigation
and is a member of Ince &Co’s International Emergency
Response Team.

Jamila Khan Partner, Piraeus, Ince & Co

Jamila specialises in shipping and trade/ commodities,
advising on a variety of shipping and ITC disputes and also
drafting/ negotiation of contracts in particular MOAs.

www.swedishclub.com
 Contents
Background 4

Making the choice 6

Choosing low sulphur fuels 9

Choosing scrubbers 12

Compliance with the law 19

Background

4
The Swedish Club
T
he Marine Environment Protection or installation of exhaust gas cleaning
Committee (MEPC) confirmed in July systems.
2018 that the new global sulphur
limit for marine fuel of 0.50% m/m will If there had have been a delay, it would
apply from 1 January 2020. have given refineries time to gear up for
a production switch from high sulphur
Further, amendments to MARPOL Annex heavy fuels (3.5%) to low sulphur fuels
VI which prohibit vessels from carrying (0.5% or lower); however it now appears
fuel oil with a sulphur content of more that the IMO will not deviate from the 2020
than 0.50% m/m have been approved date, and an estimated production switch
by the IMO. Such measures will come of up to 4 million barrels per day will be
into force on 1 March 2020, after which required to satisfy the demand of non-
only vessels which are equipped with scrubber vessels. This requirement will
Exhaust Gas Cleaning Systems (i.e. place considerable strain on the worldwide
scrubbers), will be exempt from this infrastructure of marine fuel supply, and
prohibition. consequently result in an expected rise in
fuel prices of compliant fuel.
This provided worldwide shipping with
possibly one of its greatest regulatory The rise in fuel costs is a big unknown
challenges for many years, and a and market analyst’s figures range
majority of the marine industry is simply between USD 100 per tonne to USD
not ready. 600+ per tonne, showing that even the
experts have no idea of the potential
Shipowners and operators were hoping cost spread between high sulphur (HS)
that the IMO MEPC would recommend and low sulphur (LS) fuel; this spread
a delay in the implementation of the is seen as an opportunity by some
Regulation 14.1.3 of MARPOL Annex V. operators but a massive risk by others.
This would have given them more time
in which to make a decision as what One thing it will produce, at least at the
their strategy would be regarding the beginning, is a two-tier charter market –
choice between low sulphur operation scrubbers installed versus no scrubbers.

5
The Swedish Club
Making the choice

6
The Swedish Club
V
essel operators have two choices, install an exhaust gas scrubber
or burn LS or alternative fuels, and to make that choice there are a
number of considerations:

Scrubber vs low sulphur fuel - considerations

•• How much fuel do we burn •• How much spare power do we have
•• How old is the vessel for additional equipment

•• How much time do we spend at sea •• What sort of charter agreements do

we have
•• Where do we operate
•• How much space do we have •• What ROI are we going to get

Fuel consumption
Firstly, the size and fuel consumption of the vessel is probably the first
consideration; if an owner has a large vessel with high fuel consumption, then the
gamble whether or not to install a scrubber is purely based on current cost of fuel
versus predicted future cost.

Age
Vessel age is important as there is no point in installing a scrubber if the vessel
will be subject to scrapping in the near future, as the capital expenditure will not be
recouped. It is predicted in some quarters that the new regulations will indeed lead
to early scrappage of older tonnage as it will not be economical to operate.

Operating conditions
Owners of large vessels with operating proportion of its time in Emission Control
profiles that involve the majority of Areas (ECAs) or port, then it is likely a
time steaming in open water are likely scrubber is not the best choice, unless
to find that these vessels will benefit they consider installing a hybrid system
from installing a scrubber. If, however, that would allow the vessel to operate in
an owner has a vessel that has a low these areas without fear of compliance
power output and/or spends a higher issue both now and in the future.

7
The Swedish Club
Space
Space for scrubbers is more of a line scrubbers that replace the silencers
consideration on some vessels than are generally installed. However on
others. Most passenger vessels are larger vessels, such as crude oil tankers
forced to install scrubbers in the funnel and large dry bulk vessels, space is not
space due to a reluctance to surrender such an issue and the scrubber can be
valuable deck space, and to keep the installed internally in the funnel space or
vessel’s looks aesthetically pleasing. In alternatively as an additional structure
order to satisfy these requirements, in- on the funnel.

Power
Additional power to run the scrubber system needs to be considered, especially now
that many vessels are required to run ballast water treatment systems (BWTS). For
a Suezmax tanker, the average power to run a scrubber system is approximately
250KW, this along with up to 300KW for a BWTS, would put a significant strain on
the power distribution system of the vessel and would probably result in running
an extra generator when the systems are in use. This of course will increase the
fuel consumption and also result in additional maintenance for the vessel’s already
stretched crews.

Charterparties
Many law firms are now in the process of redrafting ‘scrubber clauses’ for owners
into charterparties.This has a significant influence on the choice as to whether or
not they need to install a scrubber and will be explored later in the publication.

ROI
Return on Investment (ROI) depends with most manufacturers predicting
on a number of factors: The cost around the 14 – 16 month mark,
of installing the scrubber; the fuel with the spread at the lower end of
consumption of the vessel; and the the predictions. This level of ROI is
cost spread between LS and HS fuel. very attractive to owners who have
Experience has shown that the ROI the finance in which to invest in
ranges from eight months to 24 months, scrubber systems.

8
The Swedish Club
Choosing low
sulphur fuels

99
The
The
Swedish
Swedish
Club
Club
T
he vast majority of operators are currently making the decision
between installing exhaust gas scrubbers or choosing LS fuels. The
issues surrounding the use of alternative fuels, such as LNG, are too
complex to be dealt with here and we suggest that you refer to an expert
source, such as the Society for Gas as a Marine Fuel (SGMF).

If an operator decides to choose LS fuels there are a number of points

to consider.

Preparation
Firstly, all the fuel tanks; fuel treatment and equipment in one hit; or they must
equipment, such as purifiers, clarifiers progressively clean the tanks as the fuel
and heaters; and piping containing the is used, and pump the final residues off
high sulphur fuel, need to be drained and before the 1 March 2020 carriage ban
cleaned to avoid contaminating the new comes into force.
bunkers and rendering the vessel non-
compliant. This is not an easy task as This necessity for tank and equipment
the vessel operator will need to plan very cleaning is costly, time consuming and
carefully. They must either run down the cannot be done whilst the vessel is
onboard stocks of the non-compliant trading – it is likely that at this stage,
fuel, without risking running out, and many operators have not yet considered
then clean all the contaminated tanks this issue.

Component wear
The burning of distillate fuel can cause required to use cylinder lubricating oil
issues with engine components (such of low BN* (15 to 40), as operating the
as fuel pumps) due to the low viscosity engine with an unmatched lubricating
of the fuel, which may cause excessive oil to the fuel’s sulphur content could
wear and scuffing due to its inadequate risk increased wear due to scuffing or
lubrication properties. excessive corrosion.

Vessels with two-stroke engines running Vessels with four stroke engines should
on low sulphur content fuels will be also need to switch to an oil with a

10
The Swedish Club
lower BN for long term operation; Many engine manufacturers have offered
however, all vessel operators should replacement parts for their fuel systems
contact the equipment manufacturer to prevent accelerated wear, but at a
for the recommended lubricants for the significant cost to the vessel operator.
particular engines installed in the vessel.

Older engines
The lower viscosity of distillate fuels However, as inconvenient as it may
may be problematic for some engines, seem to install additional equipment
especially older, worn, engines and or replace worn components, this is
may result in starting issues due to clearly a cheaper CAPEX option that the
insufficient injection pressure being installation of a scrubber system, and
generated. This problem can be alleviated also does not require extra crew training
by raising the viscosity of the fuel by use or the additional man-hours required
of additional coolers, or in some cases to run and maintain an exhaust gas
by the installation of chillers in the fuel cleaning system.
system.

Availability
The availability of marine gas oil (MGO) or distillates is a concern from the outset
and it is very likely that the price differential between compliant fuels and HS fuels
used in conjunction with an exhaust gas cleaning system, could be quite high,
therefore giving considerable commercial advantage to scrubber equipped vessels.

Compatibility
The supply of the new blends of need to prepare for increased segregation
compliant fuels will likely result in some in line with standard bunkering
compatibility and stability issues and will procedures and must work closely with
require extra vigilance when bunkering their bunker suppliers to ensure that
this type of fuel. In order to reduce the risk compatible fuels are supplied.
of incompatibility, vessel operators will

*The base number (BN) can be defined as the oil’s ability to neutralise acids that are produced during
use. The higher the base number in the engine oil, the more acid it will be able to neutralise.

11
The Swedish Club
Choosing scrubbers

12
The Swedish Club
Systems
The massive majority of systems on the market are ‘wet’ scrubbers, i.e. they use
seawater for the scrubber surface, and these are dealt with in this publication. Wet
scrubbers come in a number of different guises: open-loop, closed-loop, hybrid,
U-type, and in-line; and the decision as to which ones to use depends on the vessel
type, operating profile and price.

Open-loop
Open-loop scrubbers are ideal for vessels operating in open waters and completing
a significant amount of sea miles. The system basically takes the wash water from a
seachest and pumps it through the scrubber, removing a majority of sulphur from the
exhaust gases, and discharging it over the side (generally without any treatment).

Closed-loop
Closed-loop is more popular with owners whose vessels trade in ECAs and spend
more time in and out of port and on coastal trade. A closed-loop system operates
on a similar principle to that of an open-loop system except that the wash water is
treated after the scrubber to prevent any soot/sludge going overboard. This sludge
is retained on board for disposal in a suitable port facility when the vessel docks.

Hybrid
A hybrid system is more expensive and complex and can be operated in open-loop
or closed-loop mode. It has the advantage of not having to treat the effluent during
open-loop operation in open, unrestricted seas, but also has the flexibility to operate
in coastal/ restricted waters or ports.

In-line
In-line scrubbers are installed in the original uptakes of the engines and generally
replace the silencers. These systems are popular on passenger vessels and
container ships, but not so much on larger bulk vessels (wet and dry).

U-type
U-type scrubbers have become the most popular type in the industry as they can
be installed externally from the funnel and do not require major remodelling of the
funnel internals. The installation of a U-type scrubber is generally quicker than an in-
line system as there can much more pre-engineering carried out prior to installation.

13
The Swedish Club
Installation
There are many steps that the owner needs to take to retrofit a scrubber system.
Having decided on the scrubber type suitable for the vessel operation, a choice of
system manufacturer is required and this will primarily be based on price, delivery
time, and track record.

Cost
Fully installed prices for an open-loop system for a VLCC range from USD 2.8 million
to over USD 6 million, and delivery from seven months to over two years. These
prices and delivery times are very dynamic and both have been seen to increase over
the last two months due a substantial increase in orders.

Fitting
The next issue is to find a shipyard time, is commercially attractive for an
that suits the vessel’s trading area and owner (and charterer). However this is
schedule, and to open negotiations on not always possible due to the scrubber
availability, price and installation time. delivery time. Current installation time
Clearly, to be able to dock the vessel is estimated between 35 – 40 days; this
during the classification survey schedule, is expected to reduce as yards become
and install the scrubber at the same more experienced at retrofitting.

Preparation
The owner is required to conduct a 3D commercially attractive for vessels where
scan of the engine room and funnel areas the existing seachest does not have the
in order to establish the space required capacity for the additional sea water
and piping runs etc. Following this, a demand, and that are outside their survey
comprehensive engineering package window, to enter a dry-dock in order to
must be prepared and presented to the install a new seachest and overboard.
classification society for approval, and Alternative options for completing the
also sent to the shipyard for final pricing underwater work whilst the vessel is
and scheduling. It is not necessarily alongside need to be explored.

14
The Swedish Club
Availability
Shipyard availability has already become demand for docks for regular repairs
an issue for many owners and could end and survey work, have resulted in
up offering the biggest challenge in the unprecedented demand for shipyards,
retrofitting of scrubbers. The IMO has in particularly in the Far East, consequently
some respect created the ‘perfect storm’ pushing up prices for yard space. It
for shipyard demand by introducing the should also be noted that some of the
new Annex VI sulphur cap at the same major Chinese shipyards have already
time as the delayed BWTS requirements. put up ‘Full for 2019’ notices.
These two regulations, as well as the

Operation
After the system is installed its checked by the use of fuel sampling,
performance is required to be certified local testing of the discharges,
in order to ensure that the exhaust remote monitoring of the continuous
discharge and water discharge is emissions monitoring system (CEMS)
compliant with the required regulations. and water monitoring system (WMS),
This will be completed and verified and inspection of the onboard history
by the attendance of the vessel’s records of the CEMS and WMS.
classification society surveyors whilst
on sea trials. It is of concern that when this extra
equipment is installed on the vessel,
It would be expected that the vessel along with ballast water treatment
operator and scrubber manufacturer will systems, a majority of companies (with
ensure that the crew will complete an the exception of many cruise vessels)
operating course on the new equipment will not increase the number of staff
to ensure that they are competent in its members to operate and maintain the
maintenance and can ensure that the machinery. This will inevitably lead
equipment remains compliant with the to situations where human error will
regulated operating criteria. result in compliance issues in way of
non-performance of the system or even
Although there is no universal pollution incidents particularly whilst
agreement, the compliance of the the vessel is in harbour, which in normal
system would be monitored by port circumstances is traditionally already a
state authorities and compliance busy time for crew.

15
The Swedish Club
Technical problems
Apart from the obvious non-compliance issues that will inevitably occur, a number
of issues arising from the installation of exhaust gas scrubbers can be foreseen.

Failures of technology
Apart from the well-known existing large manufacturers, there are so many
companies that have started in the business of scrubber production that there
will inevitably be failures of technology or even the financial failures of the entire
company (as has already been seen with ballast water treatment systems).

Outfitting
Due to the relative inexperience of The corrosion in pipework systems has
shipyards in installing retrofit scrubber now been somewhat mitigated by the
systems, it is almost inevitable that there use of glass re-enforced plastic (GRE)
will be quality issues with the outfitting. pipework and higher grade, and sometimes
Potential problems could include vibration coated, stainless steel pipework at the
issues, due to the additional structure wash water outlet of the scrubber and at
required and the long pipework runs, the ship’s side. On newer projects the area
and corrosion problems due to the of the shell plating where the overboard
aggressive nature of the acidic properties is located has had a chemical resistant
of the sulphur. This corrosion is already coating applied to prevent any corrosion.
manifesting itself in the pipework of some It is of note that classification societies
existing systems and the shell plating now require an annual inspection of the
around the discharge area. exhaust gas scrubber system pipework to
check for corrosion.

Impact on operation
The installation of a scrubber system Following that, liaise with the engine/boiler
may have an impact on the operation manufacturer to establish as to whether it
of any engine/boiler to which they is within the acceptable design parameters
are added, and may cause excessive in order to keep the engine compliant with
exhaust system back pressure. When the certified NOx emissions and not affect
choosing a scrubber manufacturer it is the warrantied fuel consumptions and the
important to calculate the new back- Energy Efficiency Design Index (EEDI) of
pressure of the system. the vessel.

16
The Swedish Club
Chemicals and waste
For closed-loop/hybrid systems there there is no particularly comprehensive
is also the issue of the handling and infrastructure for the supply of the
storage of the bulk chemicals that are chemicals, nor disposal facilities for
used to treat the acidic wash water in the waste; therefore the vessel will be
addition to the handling and storage required to have the capacity to store
of the waste products from the wash and carry a large amount of these
water treatment. The storage of such substances until they reach ports that
chemicals and waste can cause major can handle them on and off.
issues for shipowners. Currently,

System failures
In the case of system failures, it could running on high sulphur fuel without any
be that the vessel does not have enough exhaust cleaning and, currently, there
compliant fuel (if any) in order to get is no guidance as to whether the ship
to a port where either the scrubber operator would be exempt from any
system can be repaired or compliant potential penalties for non-compliance
fuel can be loaded. This would assume with the regulations due to technical
there are clean tanks. This scenario problems with the scrubber system.
would mean that the vessel would be

Quality
Due to the expected initial problems with the worldwide availability of low sulphur
fuels it is anticipated that quality may be an issue, especially where fuels are needed
to be blended. There are likely to be a number of bunker claims and even engine
failures until the initial supply problems and infrastructure are settled.
17
The Swedish Club
Conclusions
It is still early days with regard to the installation and commissioning of retrofit
scrubber systems and it is difficult to say whether or not all the systems will be
a success and perform within the required regulations. However, it is clear that
systems that have been installed previously at newbuild appear to be working well
and with very few reported issues.

Most of the current analysis suggests and, whilst it is without doubt that
that from 1 January 2020 there will the SOx air emission reduction will be
be initially a significant increase in environmentally beneficial, it may be the
low sulphur fuel prices and possibly case that the problem is simply being
shortages in some areas. During this moved elsewhere.
period, owners that have installed
exhaust gas scrubbers will undoubtedly We have seen some countries considering
benefit financially, however it is unclear banning any overboard discharge from
as to how long this period will be. scrubber systems in their territorial
waters, causing a rethink in the type
There are still many questions about how of scrubber installed. It appears many
the emissions compliance will be policed owners are already preparing for this by
around the world and it may be the case installing open-loop systems that are
that local area authorities have their own ‘hybrid ready’. This involves conducting
guidelines. This will undoubtedly cause a pre-engineering survey for a hybrid
initial confusion and could lead to vessel system and installing the necessary
fines, and possibly even detentions. piping connections in order to speed up
the conversion to a full hybrid system.
A majority of operators are installing
open-loop systems and most, if not all, There are interesting times ahead in the
of these systems discharge all of the shipping industry’s relationship with
sulphurous wash water overboard in the marine fuels suppliers and this will
the open sea. It is of note that MARPOL likely be somewhat tested in the months
ANNEX VI is concerned with air pollution following 1 January 2020.

18
The Swedish Club
 Editorial credit: Bruno Mameli / Shutterstock.com
Compliance with
the law

19
19
The
The
Swedish
Swedish
Club
Club
Editorial credit: joachim affeldt / Shutterstock.com

T
he new rules have legal implications, both in terms of compliance,
and in relation to the terms of their charterparties, which need to
be considered.

Legal framework
MARPOL Annex VI contains rules limiting the main air pollutants contained in ships’
exhaust gas. Regulation 14 governs sulphur oxide (SOx) emissions, and the sulphur
content permitted in fuel oil used on board ships has been progressively reduced in
stages, as follows:

SOx limit outside ECAs SOx limit inside ECAs

< 4.50% m/m prior to 1 January 2012 < 1.50% m/m prior to 1 July 2010
< 3.50% m/m on and after 1
< 1.00% m/m on and after 1 July 2010
January 2012
< 0.50% m/m on and after 2020 < 0.10% on and after 1 January 2015

Compliance with Regulation 14 is Regulation 18 sets requirements in

mandatory, and that will continue relation to fuel oil quality, and requires
beyond 2020, though ‘relevant amongst other things that a bunker
circumstances’, i.e. mitigating factors, delivery note (BDN) stating the sulphur
including the non-availability of content of fuel must be kept on board and
compliant fuels, will be considered in available for inspection for three years
cases of non-compliance (see p26). from the date of supply.

20
The Swedish Club
Compliance and enforcement
It is the individual states who are which will likely impact on the action
responsible for determining what ‘control taken against the ship. Shipowners
measure’ to take against a vessel for would also be exposed to claims from
non-compliance: this can include the their P&I insurers if the cause of any
imposition of fines (the level of which will non-compliance caused the owner to
be set by the state finding the breach), breach the terms of their P&I insurance.
and even the detention of the vessel.
Whether or not any fines or other losses
It is the shipowner (via their P&I incurred on account of non-compliance
insurers) who pay any fines levied for are recoverable from a charterer will
non-compliance in the first instance, depend on the terms of any charterparty,
and they will be required to show what and the cause of the vessel’s non-
was done to try and achieve compliance, compliance.

Practical and legal issues

New charters entered into prior to 1 January 2020, but which will extend beyond that
date, will need to contain specific terms to deal with the new regime. To assist, BIMCO
has now issued two sulphur content related bunker clauses: the BIMCO 2020 Marine
Sulphur Content Clause for Time Charter Parties, and the BIMCO 2020 Fuel Transition
Clause for Time Charter Parties.

However, shipowners should also review the terms of existing charterparties which
extend beyond 1 January 2020. If uncertainty exists then it is advisable to agree
certain addenda with charterers so as to avoid any potential disputes in the future.
21
The Swedish Club
Example
Your ship is on a long-term time charter, based on the NYPE 46 form.
The charterparty contains a clause paramount, the BIMCO Bunker Fuel Sulphur
Content Clause for Time Charterparties 2005 and the BIMCO Bunker Quality
Control Clause for Time Chartering, and also provides:
‘Bunkers on redelivery to be about the same as on delivery: BOD ABT 250 MT HIGH
SULPHUR FUEL, ABT 400 MT LOW SULPHUR FUEL’, and
‘HSMGO USD350/MT, LSMGO USD500/MT BENDS’.

Below are some of the issues which might arise, and the differences in that regard
between ships with scrubbers and those without:

Seaworthiness
Clause 1 and the clause paramount of that obligation, the owners must
impose on owners a duty to exercise due maintain the vessel’s class and ensure
diligence to make the vessel seaworthy that it complies with international and
at the commencement of each voyage national maritime rules and regulations,
performed under a time charter. As part i.e. is ‘legally fit’ for the chartered service.

i) No scrubbers
If a vessel requires modifications scrubbers. This is on the basis
in order to comply with new that the vessel will be capable of
legislation, then a failure to make performing the chartered service
such modifications would render using low sulphur fuel. In contrast,
the vessel unfit for the chartered if a vessel needed modifications in
service, meaning all down time order to be able to burn compliant
and associated costs would be for fuel, this is for the owners’ cost
owners’ account. This is as per and account. Provided vessels
the court of appeal case of the Ellie can burn compliant fuels then the
& the Frixos [2008] EWCA Civ 584. vessel will not fall foul of the new
rules and will not be unseaworthy,
Generally, however, unless the or unfit for the chartered service
terms of the charter require it, simply by virtue of having no
an owner is not obliged to install scrubbers.

22
The Swedish Club
 ii) Scrubbers installed
Generally, the time and cost obviously be for the owners’
involved in the installation of account, and if any time is lost
scrubbers is a matter for owners. in effecting repairs, it will be an
Installation of scrubbers will off-hire event under clause 15.
have an impact on the owners’ If excessive low sulphur fuel is
maintenance obligations, including consumed due to the breakdown
crew training, in order to deal of the scrubbers (which would
with this new piece of equipment. otherwise allow the use of cheaper
Owners will be liable should their high sulphur fuels), then this may
crew not be properly trained in the also raise a claim by charterers for
use of the scrubbers. the difference in fuel prices (subject
of course to establishing the
Further, if the scrubbers break breakdown was caused by a breach
down the costs of repair will of charterparty).

Cost of bunkers
Charterers are to provide and pay for all fuel whilst the vessel is on hire (see clauses
2 and 20 of the NYPE). Charterers will be required to supply fuel which complies
with the new sulphur limit, in line with ISO 8217 standards, and which is ‘of a quality
suitable for burning in the vessel’s engines and auxiliaries’.

i) No scrubbers
Charterers will be required to provide fuel which complies with the new
sulphur limit, the cost of which will be at the charterers’ risk. It has
been predicted that the increased costs could be as much as around
USD 600 per tonne.

ii) Scrubbers installed

Charterers will be able to purchase fuel oil with a higher sulphur
content (< 3.5% m/m), and will therefore benefit from lower fuel costs
in the short term. This is likely to make vessels with scrubbers already
installed more attractive to prospective charterers, although a long-
term charterer may be able to offset these costs by sub-chartering out
the vessel.

23
The Swedish Club
Quality of bunkers / Removal of non-compliant fuel
Under the BIMCO Bunker Fuel Sulphur comply with ISO 8217 standards, and
Content Clause, charterers are required to which are ‘of a quality suitable for burning
supply bunkers of such specifications and in the vessel’s engines and auxiliaries’.
grades to permit the vessel to comply with
the maximum sulphur content requirement The above clauses do not expressly deal
of any ECAs within which the vessel is with the new sulphur limit outside ECAs.
ordered to trade. This includes all waters Whilst no doubt BIMCO will publish a
regulated by the E.U (EU Directive 2005/33/ further clause in due course, the new
EC, amending Directive 1999/328/EC). global limits do not specifically alter the
terms of these clauses.
The BIMCO quality control clause requires
charterers to supply bunkers which

i) No scrubbers
If the expected prohibition on the perfecting blends for compliant
carriage of non-compliant fuel fuel. There remains a question
is approved then ships without mark as to what extent compliant
scrubbers will not be permitted to fuels will be readily available,
carry fuel with a sulphur content but fuel suppliers, who will each
of more than 0.5% m/m beyond 1 be looking to steal a march on
March 2020. their competitors, are apparently
quietly confident in that regard.
In order to assess the relevant
control measure (i.e. fine or other Parties to MARPOL are
measure) States shall ‘take into encouraged to promote the
account all relevant circumstances availability of compliant fuels in
and the evidence presented to accordance with Regulation 18.1,
determine the appropriate action but Regulation 18.2 provides
to take, including not taking control that ships should not be required
measures’ (per Regulation 18(2)(c) to deviate or ‘unduly delay the
Annex VI). voyage in order to achieve
compliance’. However, not all
At present, it is understood that countries with bunkering ports
oil companies are working on are signatories to MARPOL Annex

24
The Swedish Club
VI, for example Algeria, Bahrain, of carrying and burning non-
Saudi Arabia, and Thailand. compliant fuel would be
(Interestingly, the UAE is also not recoverable from charterers.
a signatory to MARPOL Annex VI. This is either on the basis that
Certain ports within the UAE have charterers are liable to supply fuels
taken the decision to comply, (and have accordingly breached
although this does not include an obligation to supply compliant
Fujairah, even though local fuels), and also on the basis of an
suppliers appear to have taken indemnity for following their orders
a commercial decision that they to stem non-compliant fuel. The
will comply.) fact that non-compliant fuel was
not available would not protect
Where non-compliant fuels are charterers from such claims under
all that is available then, taking the charterparty.
into account the vessel’s trading
patterns, and with safety being A further issue which arises
of paramount importance, it is that a vessel subject to a
is possible that necessity will long-term charter may have
dictate a vessel is supplied with non-compliant fuel on board
(and will likely have to burn), non- post 1 January 2020 (such fuel
compliant fuel. having been compliant prior to 1
January). Such fuel ought to be
However, notwithstanding the removed prior to 1 March 2020.
terms of Regulation 18, that So, who pays for its removal?
vessel would still be in breach of
Regulation 14. A lack of available If charterers have, prior to 2020,
compliant fuel acts only as a supplied fuel to a vessel which
mitigating factor which would will not comply with the new
be taken into account by the rules, then if that fuel remains
MARPOL state when deciding on board, it is suggested that
what action to take against the charterers would need to give an
vessel for non-compliance. It will order that it be removed prior to
not necessarily excuse 1 March 2020, failing which the
the breach. vessel will be in breach of the new
rules, and Regulation 18(2)(c)
In such circumstances, it is would be applied by the relevant
suggested that the consequences state party to MARPOL.

25
The Swedish Club
 The fuel on board a time from the vessel or by way of an
chartered vessel belongs to time indemnity. Any fines levied against
charterers. Therefore, it is for the vessel for non-compliance
them to remove it, and it is also post 1 March 2020 would also be
theirs to re-sell or re-process as recoverable from charterers.
they see fit.
If non-compliant fuel is supplied
If charterers refuse to give the after 1 March 2020 on account
vessel orders to remove the of compliant fuels being
non-compliant fuel, or do not do unavailable, vessels will likely
so within the relevant time, it is be required to remove it at the
also suggested that the costs of earliest opportunity (but without
removal would be recoverable having to deviate or unduly delay
from charterers. The legal basis the voyage), and replace it with
for this would either be breach compliant fuel. This will again
of an implied term that they are be carried out at charterers’ time
responsible to remove such fuel and expense.

ii) Scrubbers installed

Ships with scrubbers will not be required to remove non-compliant fuel,
and will be able to continue being supplied with it, and burning it on or after
1 March 2020. This gives such vessels a further commercial advantage.

Bunkers on redelivery / Definition of bunkers

In our example, the cost of the bunkers fuels. However, in relation to delivery and
at both ends would only apply to high redelivery quantities, bunkers have only
sulphur marine gas oil (HSMGO) and been defined as ‘high sulphur fuel’ and
low sulphur marine gas oil (LSMGO). ‘low sulphur fuel’, in line with the two
Actual cost would apply to all other categories of bunkers available today.

26
The Swedish Club
It may of course be the case that the there will be three categories: fuel with
charterparty fuel prices (agreed pre- sulphur content of (a) < 0.1% m/m, (b) <
2020) do not reflect the cost of buying 0.5% m/m, and (c) < 3.5% m/m.
fuel post 2020. However, the parties will
be stuck with the bargain that they have It is suggested that post 2020, in all
reached, with the result that charterers cases, ‘low sulphur fuel’ should sensibly
in our example could end up ‘selling’ be interpreted to mean fuel with a fuel
bunkers on redelivery to the owners at a sulphur content of < 0.1% m/m. So the
significant discount. From 2020 however charter prices would apply accordingly.

i) No scrubbers
Vessels with no scrubbers suggested that ‘high sulphur fuel’
installed will not be permitted to on redelivery should sensibly
be supplied with or burn todays mean fuel with a sulphur content
so-called ‘high sulphur fuel’. of < 0.5% m/m, i.e. category (b)
In such circumstances it is above.

ii) Scrubbers installed

Vessels with scrubbers installed on redelivery would mean fuel
will be permitted to carry fuel with with a sulphur content of < 3.5%
a sulphur content of < 3.5% m/m. m/m, i.e. fuel which meets the
In such circumstances it is current global limit (category
suggested that ‘high sulphur fuel’ (c) above).

A sensible solution would be for parties to discuss addendums to their existing

charterparties to deal with any uncertainty over the quantity and cost of specific fuels.

27
The Swedish Club
Switching fuels
Different limits on sulphur emissions cases have arisen where breakdowns and
exist inside and outside of ECAs, and this delays have occurred due to switching over
will continue beyond 2020. Switching fuels. If issues arise from switching fuels,
fuels has become commonplace, and will then the vessel will be off-hire, and owners
also continue. would not be entitled to an indemnity from
charterers. Such matters are for owners
Crew competency issues sometimes arise as they relate to the use and management
when vessels switch to different fuels and of the vessel.

Performance warranties
Charterparties usually contain Owners should check the wording of
performance warranties giving specific performance warranties in existing
speed and consumption allowances charterparties, and should not provide
for different fuels. The performance performance warranties relating to any
warranties given on vessels with scrubbers new fuels without knowing how the vessel
are not likely to be affected. will actually perform whilst using them.
Owners may wish to speak with engine
However, any warranty given for specific manufacturers in that regard.
fuel types may no longer apply, or may
need revision.

Scrubbers – costs involved

As discussed, if a vessel is fitted with to foot the bill in the first instance, it is
scrubbers, then their maintenance is the suggested that these costs would likely be
responsibility of the owners. recoverable by way of an indemnity from
charterers. The logic of this is that waste is
The cost involved in disposing waste from created by following their orders i.e. to burn
scrubbers is not expressly dealt with under fuel with a higher sulphur content and to
the charter. However, even if owners need use scrubbers.

28
The Swedish Club
 29
The Swedish Club
Editorial credit: joachim affeldt / Shutterstock.com
Moving forward
Owners will want to give consideration in place to remove non-compliant fuel. If
to all of the above when entering into that fuel cannot be burned or removed prior
charterparties going forward. to the cut-off date, then owners will face
sanctions from states who are party to
In the future, bunkers should not be MARPOL.
defined as ‘high’ or ‘low’ sulphur, but with
reference to their sulphur content or as Vessels with scrubbers fitted are likely to
MARPOL Annex VI compliant. Appropriate be at a commercial advantage in the short
consideration will need to be given to to medium term, although it cannot be
consumption warranties and prices on said with any degree of certainty how long
delivery and redelivery. this will last. Much will depend on the oil
industry’s ability to respond to the technical
In the lead up to January 2020, owners will issues faced in producing abundant
need to ensure appropriate measures are quantities of compliant fuel.

Conclusion
As can be seen there are various If owners are in doubt about the provisions
issues which shipowners need to be of any existing charterparties, or over
thinking about, both in terms of existing what to include in future charterparties,
charterparties and in charterparties entered we recommend that owners should seek
into in the future. further and more specific advice.

30
The Swedish Club
For more information about this
publication, please contact:

Lars A. Malm
Director, Strategic Business Development & Client Relations

Telephone: +46 31 638 427

E-mail: lars.malm@swedishclub.com

Joakim Enström
Loss Prevention Officer

Telephone: +46 31 638 445

E-mail: joakim.enstrom@swedishclub.com

Peter Stålberg
Senior Technical Advisor

Telephone: +46 31 638 458

E-mail: peter.stalberg@swedishclub.com

Ellinor Borén
Claims & Loss Prevention Controller

Telephone: +46 31 638 449

E-mail: ellinor.boren@swedishclub.com

www.swedishclub.com
Contact
Head Office Gothenburg Tokyo
Visiting address: Gullbergs Strandgata 6, 2-14, 3 Chome, Oshima, Kawasaki-Ku
411 04 Gothenburg Kawasaki, Kanagawa 210-0834, Japan
Postal address: P.O. Box 171, Tel: +81 44 222 0082, Fax: +81 44 222 0145
SE-401 22 Gothenburg, Sweden E-mail: mail.tokyo@swedishclub.com
Tel: +46 31 638 400, Fax: +46 31 156 711 Emergency: +81 44 222 0082
E-mail: swedish.club@swedishclub.com
Emergency: +46 31 151 328 Oslo
Dyna Brygge 9, Tjuvholmen
Piraeus N-0252 Oslo, Norway
5th Floor, 87 Akti Miaouli, Tel: +46 31 638 400
185 38 Piraeus, Greece E-mail: mail.oslo@swedishclub.com
Tel: +30 211 120 8400, Emergency: +46 31 151 328
Fax: +30 210 452 5957
E-mail: mail.piraeus@swedishclub.com London
Emergency: +30 6944 530 856 New London House, 6 London Street
London, EC3R 7LP, United Kingdom
Hong Kong Tel: +44 74 7000 4601
Suite 6306, Central Plaza, 18 Harbour Road, E-mail: swedish.club@swedishclub.com
Wanchai, Hong Kong Emergency: +46 31 151 328
Tel: +852 2598 6238, Fax: +852 2845 9203
E-mail: mail.hongkong@swedishclub.com
Emergency: +852 2598 6464
Printed by: PR-Offset, Sweden
1901pr200E8
Printed by: