Shipowners Seek Change in ECA Enforcement

by Ship & Bunker News Team
Wednesday June 18, 2014

The European Community Shipowners' Associations (ECSA) have released an open letter to European Union (EU) member states and the European Commission calling for a change in plans for the enforcement of new sulfur limits in Emissions Control Areas (ECAs) that take effect next year.

The letter asks that Port State Control agents avoid penalising vessels that have technical or operational problems while switching from heavy fuel oil (HFO) to compliant low-sulfur fuel.

It also criticises the commission's plan to use widespread sampling to ensure compliance.

"Isolated samplings do not effectively reflect the fuel quality and may cause problems at random," the ECSA writes. 

"Sampling should only be used if there are clear grounds of non-compliance.

"Control of bunker delivery notes and oil record books should prevail, in accordance with the current provisions of the Sulphur Directive itself."

Given the investments many shipowners are making to comply with the rules, the ECSA argues that those facing uncertainties or difficulties with the transition should be provided "well-defined and strictly limited transitory exemptions, such as extended compliance paths."

"Member States and the Commission need to clarify without delay how they intend to apply and harmonise enforcement policies" said Patrick Verhoeven, ECSA secretary general.

"This however cannot be to the detriment of competitiveness.

"Establishing legal certainty about proper compliance and enforcement together with a fair level playing field between shipping operators and between transport modes are therefore a must."

The International Chamber of Shipping (ICS) also recently called for more clarity and consistency in port states' enforcement of the ECA rules.