What is the legal framework for enforcement and
sanctioning outside the nations’ territorial limits? How
does remote monitoring fit into the legal framework?
Lars Robert Pedersen, Deputy Secretary General
2020 global sulphur challenge: Implementation and Enforcement
• Why such a fuss?
• What is non-compliance?
• Roles by state actors
• Commercial practices – do we need to sharpen the clauses?
• What may happen on 1 January 2020?
• Can remote monitoring fix any of the issues highlighted?
Why such a fuss?
• Not the first time to be regulated on fuel use
• But,
• First time to have an effect on the high sea
• First time to have a market impact on cost
• First time to likely create a global shortage on compliant fuels
• First time the industry is seriously challenged on the concept
of a level playing field
What is non-compliance?
• Simply – in breach of the provisions of the law!
• But, what is the law?
• Depends on the national implementation of MARPOL Annex VI
• Depends on any additional provisions
• Is MARPOL clear?
• Yes, and no. What about non-availability?
• What about safety related exemptions?
Roles by state actors
• Read the work of Prof. Henrik Ringbom
• Flag State – Premier enforcer on ships of their flag
• Do we trust? If not, why?
• Port State – Powers inversly proportional to the distance from shore
• Do we trust? If not, why?
• Coastal State – Very limited powers to engage
• Do we care?
Commercial practices – do we need to
sharpen the clauses?
• The standard case:
• The charterer is responsible for delivering compliant fuel
• The ship(owner) is responsible for operational compliance
• But, delivering “non-compliant” fuel may be in compliance,
while using it may, or may not – depending on the jurisdiction
What may happen on 1 January 2020?
• Almost every ships having HSFO ROB
• Few if any storage tanks cleaned and ready for 0.50% fuel
• Not all ships may have been able to source compliant fuel in the
last few months prior
• Not all ports will have established supply capability of 0.50%
• Large scale non-compliance in the first period
• Acceptable? Or not?
• For how long will this sustain?
• Will we see states or regions gradually pull out?
Can remote monitoring fix any of the
issues highlighted?
• No
• Remote monitoring is only effective if and when supply is not
an issue
• Remote monitoring is only effective if and when all states
require compliance with the emission limit
• We should focus on the basics first
Thank you!
Contact BIMCO at
www.bimco.org