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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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- Trasteel International SA, Italy
- Merrill Lynch Commodities Europe
- Energy Link Ltd, New Zealand
- The University of Queensland
- Energy Development Corp, Philippines
- Globalindo Alam Lestari - Indonesia
- Bukit Baiduri Energy - Indonesia
- Kalimantan Lumbung Energi - Indonesia
- Sinarmas Energy and Mining - Indonesia
- Australian Commodity Traders Exchange
- GN Power Mariveles Coal Plant, Philippines
- Pipit Mutiara Jaya. PT, Indonesia
- Bharathi Cement Corporation - India
- Directorate General of MIneral and Coal - Indonesia
- Videocon Industries ltd - India
- OPG Power Generation Pvt Ltd - India
- LBH Netherlands Bv - Netherlands
- Indian Energy Exchange, India
- Mjunction Services Limited - India
- Savvy Resources Ltd - HongKong
- TeaM Sual Corporation - Philippines
- Ministry of Mines - Canada
- Binh Thuan Hamico - Vietnam
- Chettinad Cement Corporation Ltd - India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Mercuria Energy - Indonesia
- SN Aboitiz Power Inc, Philippines
- London Commodity Brokers - England
- ASAPP Information Group - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Karaikal Port Pvt Ltd - India
- Medco Energi Mining Internasional
- Lanco Infratech Ltd - India
- Heidelberg Cement - Germany
- IHS Mccloskey Coal Group - USA
- Bhushan Steel Limited - India
- Grasim Industreis Ltd - India
- PetroVietnam Power Coal Import and Supply Company
- Madhucon Powers Ltd - India
- White Energy Company Limited
- India Bulls Power Limited - India
- Goldman Sachs - Singapore
- Aditya Birla Group - India
- Neyveli Lignite Corporation Ltd, - India
- Petrochimia International Co. Ltd.- Taiwan
- SMC Global Power, Philippines
- Marubeni Corporation - India
- Orica Australia Pty. Ltd.
- Mintek Dendrill Indonesia
- Rashtriya Ispat Nigam Limited - India
- Power Finance Corporation Ltd., India
- Bulk Trading Sa - Switzerland
- Semirara Mining Corp, Philippines
- Kumho Petrochemical, South Korea
- Indonesian Coal Mining Association
- Renaissance Capital - South Africa
- Manunggal Multi Energi - Indonesia
- Independent Power Producers Association of India
- Therma Luzon, Inc, Philippines
- Riau Bara Harum - Indonesia
- Sindya Power Generating Company Private Ltd
- Coastal Gujarat Power Limited - India
- Kobexindo Tractors - Indoneisa
- Kartika Selabumi Mining - Indonesia
- Dalmia Cement Bharat India
- Directorate Of Revenue Intelligence - India
- PNOC Exploration Corporation - Philippines
- Makarim & Taira - Indonesia
- Bayan Resources Tbk. - Indonesia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Iligan Light & Power Inc, Philippines
- Electricity Authority, New Zealand
- Deloitte Consulting - India
- GVK Power & Infra Limited - India
- Gujarat Mineral Development Corp Ltd - India
- Timah Investasi Mineral - Indoneisa
- Holcim Trading Pte Ltd - Singapore
- Chamber of Mines of South Africa
- South Luzon Thermal Energy Corporation
- Siam City Cement PLC, Thailand
- Singapore Mercantile Exchange
- Simpson Spence & Young - Indonesia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Kepco SPC Power Corporation, Philippines
- Karbindo Abesyapradhi - Indoneisa
- Coalindo Energy - Indonesia
- Eastern Coal Council - USA
- Maharashtra Electricity Regulatory Commission - India
- Pendopo Energi Batubara - Indonesia
- Indian Oil Corporation Limited
- Oldendorff Carriers - Singapore
- Altura Mining Limited, Indonesia
- Minerals Council of Australia
- CNBM International Corporation - China
- Siam City Cement - Thailand
- PTC India Limited - India
- Aboitiz Power Corporation - Philippines
- Sojitz Corporation - Japan
- Ministry of Finance - Indonesia
- Kapuas Tunggal Persada - Indonesia
- International Coal Ventures Pvt Ltd - India
- Banpu Public Company Limited - Thailand
- Star Paper Mills Limited - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- Kohat Cement Company Ltd. - Pakistan
- Vedanta Resources Plc - India
- Vizag Seaport Private Limited - India
- Central Electricity Authority - India
- Rio Tinto Coal - Australia
- Commonwealth Bank - Australia
- Global Coal Blending Company Limited - Australia
- IEA Clean Coal Centre - UK
- Mercator Lines Limited - India
- Malabar Cements Ltd - India
- Barasentosa Lestari - Indonesia
- Ind-Barath Power Infra Limited - India
- Thai Mozambique Logistica
- Standard Chartered Bank - UAE
- Sakthi Sugars Limited - India
- Samtan Co., Ltd - South Korea
- Planning Commission, India
- Economic Council, Georgia
- Global Business Power Corporation, Philippines
- Essar Steel Hazira Ltd - India
- Coal and Oil Company - UAE
- Indika Energy - Indonesia
- Metalloyd Limited - United Kingdom
- Billiton Holdings Pty Ltd - Australia
- Sarangani Energy Corporation, Philippines
- TNB Fuel Sdn Bhd - Malaysia
- Asmin Koalindo Tuhup - Indonesia
- Formosa Plastics Group - Taiwan
- Borneo Indobara - Indonesia
- Bhoruka Overseas - Indonesia
- MS Steel International - UAE
- Maheswari Brothers Coal Limited - India
- Price Waterhouse Coopers - Russia
- Orica Mining Services - Indonesia
- Cigading International Bulk Terminal - Indonesia
- Petron Corporation, Philippines
- Agrawal Coal Company - India
- Straits Asia Resources Limited - Singapore
- Krishnapatnam Port Company Ltd. - India
- Sree Jayajothi Cements Limited - India
- Thiess Contractors Indonesia
- Interocean Group of Companies - India
- Ambuja Cements Ltd - India
- Meralco Power Generation, Philippines
- Leighton Contractors Pty Ltd - Australia
- Electricity Generating Authority of Thailand
- Indogreen Group - Indonesia
- Xindia Steels Limited - India
- Intertek Mineral Services - Indonesia
- Romanian Commodities Exchange
- Tata Chemicals Ltd - India
- GAC Shipping (India) Pvt Ltd
- Antam Resourcindo - Indonesia
- Jorong Barutama Greston.PT - Indonesia
- Latin American Coal - Colombia
- Kaltim Prima Coal - Indonesia
- Alfred C Toepfer International GmbH - Germany
- European Bulk Services B.V. - Netherlands
- Wood Mackenzie - Singapore
- Miang Besar Coal Terminal - Indonesia
- McConnell Dowell - Australia
- Kideco Jaya Agung - Indonesia
- Meenaskhi Energy Private Limited - India
- Uttam Galva Steels Limited - India
- Attock Cement Pakistan Limited
- Bangladesh Power Developement Board
- ICICI Bank Limited - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- AsiaOL BioFuels Corp., Philippines
- Eastern Energy - Thailand
- Vijayanagar Sugar Pvt Ltd - India
- New Zealand Coal & Carbon
- GMR Energy Limited - India
- Global Green Power PLC Corporation, Philippines
- CIMB Investment Bank - Malaysia
- Jindal Steel & Power Ltd - India
- Jaiprakash Power Ventures ltd
- San Jose City I Power Corp, Philippines
- Ministry of Transport, Egypt
- Cement Manufacturers Association - India
- Africa Commodities Group - South Africa
- Toyota Tsusho Corporation, Japan
- Anglo American - United Kingdom
- Baramulti Group, Indonesia
- PowerSource Philippines DevCo
- Edison Trading Spa - Italy
- Port Waratah Coal Services - Australia
- SMG Consultants - Indonesia
- Australian Coal Association
- Tamil Nadu electricity Board
- Wilmar Investment Holdings
- Parliament of New Zealand
- Posco Energy - South Korea
- Larsen & Toubro Limited - India
- Ceylon Electricity Board - Sri Lanka
- Bahari Cakrawala Sebuku - Indonesia
- Central Java Power - Indonesia
- Sical Logistics Limited - India
- VISA Power Limited - India
- Parry Sugars Refinery, India
- Semirara Mining and Power Corporation, Philippines
- Indo Tambangraya Megah - Indonesia
- Bhatia International Limited - India
- Carbofer General Trading SA - India
- Salva Resources Pvt Ltd - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- The Treasury - Australian Government
- Bukit Asam (Persero) Tbk - Indonesia
- The State Trading Corporation of India Ltd
- Gujarat Sidhee Cement - India
- Georgia Ports Authority, United States
- Gujarat Electricity Regulatory Commission - India
- Bukit Makmur.PT - Indonesia
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