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Tuesday, 04 June 19
MARPOL ANNEX VI - SULPHUR CAP 2020 - DEMYSTIFYING THE FONAR - SKULD
 KNOWLEDGE TO ELEVATE
Fuel Oil Non-Availability Report (FONAR) is primarily a discretionary tool for a Member State to lessen the breach of MARPOL Annex VI, it is not an exemption but rather a self-declaration by owners that a breach has or is about to occur.
IMO’s Marine Environment Protection Committee (“MEPC”) 74 published its resolutions on 20 May 2019 and specifically Section 5 deals with the ramifications of the aforementioned report.
The concerns over non-availability of globally compliant bunkers of 0.5% bear identical hallmarks of the implementation of the ECA zones and availability of 0.1% back in 2015.
There has been much discussion on whether owners may rely on the FONAR due to non-availability of compliant fuel.
However, how it will be applied by each Member State remains to be seen.
The FONAR consists of an immensely detailed questionnaire. Owners who find themselves in breach of Regulation 18 can make use of a FONAR. However, the evidential threshold is high and succeeding on a dispensation or reduction of a fine will depend on whether best efforts were made to:
Source compliant fuel;
Source local alternative sources.
That said, even unavailability is not a carte blanche to breaching MARPOL since alternative compliant fuels could have, most likely, been purchased such as 0.1% distillates.
To support a claim that all efforts were made to source complaint fuel, owners will need to furnish exhaustive evidence that a voyage plan was in place, that there were valid reasons for being unable to source compliant bunkers and/or operational issues which would have endangered the vessel had the non-compliant bunkers been burnt.
Owners can be sure that the Port State Control (PSC) inspectors will investigate other vessels which called at a port which allegedly did not have compliant fuel available in order to verify the truth of the statements contained within the report.
The PSC will also look for evidence of any fuel changeovers conducted outside of the jurisdiction of the Member States and whether the vessel had working emission control equipment during its visit.
Interestingly, the PSC will keep record of how many FONARs a vessel and/or their operators have requested in a period of twelve months. Any patterns of non-compliance by a fleet will be found out, sanctioned and prevented from submitting future FONARs.
Stringent investigations are likely to ensue following the submission of a FONAR and the information will be shared between Member States to report on compliant fuel oil supply issues.
Owners should beware that only a small quantity of non-compliant bunkers should be stemmed, if at all, as entering a Member State will result in the entirety of the non-compliant bunkers being debunkered at owners’ expense to bring the vessel within compliance.
The new FONAR wording is set out at Annex 1 of MEPC 74.
Source: SKULD
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Thursday, 24 October 19
AUSTRALIA'S HOPES TO EXPAND COAL EXPORTS IN SOUTH-EAST ASIA 'DELUSIONAL', EXPERTS SAY - THE GUARDIAN
The number of new coal-fired power plants starting construction across south-east Asia has fallen markedly over the past two years as Australia has ...
Thursday, 24 October 19
PANAMAX: NEGATIVE SENTIMENT IN THE MARKET AS IT CONTINUES TO WEAKEN - FEARNLEYS
Capesize
The market has continued to slide the last week, as lack of fresh requirements and a slight oversupply of tonnage heading towards Sout ...
Wednesday, 23 October 19
CHINA'S 2019 COAL IMPORTS SET TO RISE MORE THAN 10%: ANALYSTS - REUTERS
China, the world’s top coal buyer, is on track to boost imports of the fuel by more than 10% this year, traders and analysts said on Tuesday, ...
Wednesday, 23 October 19
SHIPPING MARKET INSIGHT - INTERMODAL
Moving closer to the end of the year, we are facing what the market was expecting for quite a while, the ship repair sector booming with the shipya ...
Tuesday, 22 October 19
DRY BULK: DESPITE THE DOWNWARD CORRECTION NOTED OVER THE PAST MONTH, RATES ARE STILL HOLDING OFF AT FAVORABLE LEVELS - ALLIED SHIPPING
Despite the downward correction that has been noted in the dry bulk market over the past month, rates are still holding off at favorable levels. Ev ...
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- Ambuja Cements Ltd - India
- Indika Energy - Indonesia
- Ind-Barath Power Infra Limited - India
- Edison Trading Spa - Italy
- Bahari Cakrawala Sebuku - Indonesia
- Thiess Contractors Indonesia
- Goldman Sachs - Singapore
- GMR Energy Limited - India
- Orica Mining Services - Indonesia
- Bukit Makmur.PT - Indonesia
- Kohat Cement Company Ltd. - Pakistan
- Mercuria Energy - Indonesia
- Thai Mozambique Logistica
- Maheswari Brothers Coal Limited - India
- PNOC Exploration Corporation - Philippines
- Coal and Oil Company - UAE
- Salva Resources Pvt Ltd - India
- Global Business Power Corporation, Philippines
- White Energy Company Limited
- Directorate General of MIneral and Coal - Indonesia
- Karaikal Port Pvt Ltd - India
- Port Waratah Coal Services - Australia
- Medco Energi Mining Internasional
- Kaltim Prima Coal - Indonesia
- Antam Resourcindo - Indonesia
- Gujarat Mineral Development Corp Ltd - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Sical Logistics Limited - India
- Billiton Holdings Pty Ltd - Australia
- Baramulti Group, Indonesia
- Mjunction Services Limited - India
- Neyveli Lignite Corporation Ltd, - India
- Marubeni Corporation - India
- Toyota Tsusho Corporation, Japan
- Asmin Koalindo Tuhup - Indonesia
- Central Electricity Authority - India
- Globalindo Alam Lestari - Indonesia
- Power Finance Corporation Ltd., India
- Jaiprakash Power Ventures ltd
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Bulk Trading Sa - Switzerland
- ICICI Bank Limited - India
- Eastern Coal Council - USA
- Georgia Ports Authority, United States
- Anglo American - United Kingdom
- Indo Tambangraya Megah - Indonesia
- Posco Energy - South Korea
- Australian Coal Association
- Grasim Industreis Ltd - India
- Ministry of Transport, Egypt
- Bank of Tokyo Mitsubishi UFJ Ltd
- Savvy Resources Ltd - HongKong
- PowerSource Philippines DevCo
- Singapore Mercantile Exchange
- Simpson Spence & Young - Indonesia
- Timah Investasi Mineral - Indoneisa
- Mercator Lines Limited - India
- Trasteel International SA, Italy
- TNB Fuel Sdn Bhd - Malaysia
- Sakthi Sugars Limited - India
- Siam City Cement PLC, Thailand
- Sree Jayajothi Cements Limited - India
- Romanian Commodities Exchange
- Essar Steel Hazira Ltd - India
- Petrochimia International Co. Ltd.- Taiwan
- OPG Power Generation Pvt Ltd - India
- Parry Sugars Refinery, India
- Global Coal Blending Company Limited - Australia
- Madhucon Powers Ltd - India
- Meenaskhi Energy Private Limited - India
- Deloitte Consulting - India
- SN Aboitiz Power Inc, Philippines
- Sarangani Energy Corporation, Philippines
- The University of Queensland
- Bangladesh Power Developement Board
- Bukit Baiduri Energy - Indonesia
- McConnell Dowell - Australia
- Straits Asia Resources Limited - Singapore
- GAC Shipping (India) Pvt Ltd
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Price Waterhouse Coopers - Russia
- Aboitiz Power Corporation - Philippines
- Star Paper Mills Limited - India
- Maharashtra Electricity Regulatory Commission - India
- ASAPP Information Group - India
- Barasentosa Lestari - Indonesia
- MS Steel International - UAE
- Uttam Galva Steels Limited - India
- Merrill Lynch Commodities Europe
- Energy Link Ltd, New Zealand
- Lanco Infratech Ltd - India
- Altura Mining Limited, Indonesia
- Interocean Group of Companies - India
- Coastal Gujarat Power Limited - India
- Economic Council, Georgia
- Cement Manufacturers Association - India
- Indian Oil Corporation Limited
- Karbindo Abesyapradhi - Indoneisa
- Electricity Authority, New Zealand
- Sindya Power Generating Company Private Ltd
- IHS Mccloskey Coal Group - USA
- Binh Thuan Hamico - Vietnam
- Energy Development Corp, Philippines
- Leighton Contractors Pty Ltd - Australia
- New Zealand Coal & Carbon
- PTC India Limited - India
- Directorate Of Revenue Intelligence - India
- Ceylon Electricity Board - Sri Lanka
- Manunggal Multi Energi - Indonesia
- Kumho Petrochemical, South Korea
- Tamil Nadu electricity Board
- Semirara Mining and Power Corporation, Philippines
- Indogreen Group - Indonesia
- Rashtriya Ispat Nigam Limited - India
- Samtan Co., Ltd - South Korea
- Electricity Generating Authority of Thailand
- SMC Global Power, Philippines
- Indian Energy Exchange, India
- Global Green Power PLC Corporation, Philippines
- Xindia Steels Limited - India
- Makarim & Taira - Indonesia
- Renaissance Capital - South Africa
- Intertek Mineral Services - Indonesia
- Bhushan Steel Limited - India
- Alfred C Toepfer International GmbH - Germany
- San Jose City I Power Corp, Philippines
- South Luzon Thermal Energy Corporation
- Larsen & Toubro Limited - India
- Vedanta Resources Plc - India
- Chamber of Mines of South Africa
- AsiaOL BioFuels Corp., Philippines
- Kalimantan Lumbung Energi - Indonesia
- Oldendorff Carriers - Singapore
- Vijayanagar Sugar Pvt Ltd - India
- CNBM International Corporation - China
- Central Java Power - Indonesia
- Meralco Power Generation, Philippines
- Independent Power Producers Association of India
- Orica Australia Pty. Ltd.
- Iligan Light & Power Inc, Philippines
- Attock Cement Pakistan Limited
- Parliament of New Zealand
- Kideco Jaya Agung - Indonesia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Chettinad Cement Corporation Ltd - India
- Vizag Seaport Private Limited - India
- Rio Tinto Coal - Australia
- VISA Power Limited - India
- Banpu Public Company Limited - Thailand
- Riau Bara Harum - Indonesia
- Kapuas Tunggal Persada - Indonesia
- Borneo Indobara - Indonesia
- Jindal Steel & Power Ltd - India
- India Bulls Power Limited - India
- GN Power Mariveles Coal Plant, Philippines
- Metalloyd Limited - United Kingdom
- Eastern Energy - Thailand
- London Commodity Brokers - England
- Semirara Mining Corp, Philippines
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Malabar Cements Ltd - India
- IEA Clean Coal Centre - UK
- GVK Power & Infra Limited - India
- Sinarmas Energy and Mining - Indonesia
- Minerals Council of Australia
- Jorong Barutama Greston.PT - Indonesia
- Cigading International Bulk Terminal - Indonesia
- Krishnapatnam Port Company Ltd. - India
- Aditya Birla Group - India
- Wilmar Investment Holdings
- Holcim Trading Pte Ltd - Singapore
- Dalmia Cement Bharat India
- Australian Commodity Traders Exchange
- Siam City Cement - Thailand
- Pendopo Energi Batubara - Indonesia
- Mintek Dendrill Indonesia
- Bharathi Cement Corporation - India
- Heidelberg Cement - Germany
- The Treasury - Australian Government
- Bhoruka Overseas - Indonesia
- PetroVietnam Power Coal Import and Supply Company
- Standard Chartered Bank - UAE
- Kartika Selabumi Mining - Indonesia
- Bayan Resources Tbk. - Indonesia
- Pipit Mutiara Jaya. PT, Indonesia
- Bhatia International Limited - India
- Wood Mackenzie - Singapore
- Africa Commodities Group - South Africa
- Latin American Coal - Colombia
- LBH Netherlands Bv - Netherlands
- Bukit Asam (Persero) Tbk - Indonesia
- Commonwealth Bank - Australia
- Therma Luzon, Inc, Philippines
- CIMB Investment Bank - Malaysia
- Formosa Plastics Group - Taiwan
- Indonesian Coal Mining Association
- Coalindo Energy - Indonesia
- TeaM Sual Corporation - Philippines
- Miang Besar Coal Terminal - Indonesia
- Tata Chemicals Ltd - India
- Videocon Industries ltd - India
- Agrawal Coal Company - India
- Kobexindo Tractors - Indoneisa
- Offshore Bulk Terminal Pte Ltd, Singapore
- Kepco SPC Power Corporation, Philippines
- European Bulk Services B.V. - Netherlands
- Sojitz Corporation - Japan
- Carbofer General Trading SA - India
- Gujarat Sidhee Cement - India
- The State Trading Corporation of India Ltd
- SMG Consultants - Indonesia
- Gujarat Electricity Regulatory Commission - India
- International Coal Ventures Pvt Ltd - India
- Petron Corporation, Philippines
- Ministry of Mines - Canada
- Ministry of Finance - Indonesia
- Planning Commission, India
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