Skuld: New ECA Rules Have Teeth, Enforcement Will Be Rigorous

"These rules will have teeth," said Skuld

P&I club Skuld has advised members that enforcement of new Emissions Control Area (ECA) rules "have teeth" and will be strictly enforced.

"It has only been three weeks since the new ultra low sulphur regulations have come in to force in North America and Northern Europe, and already it is becoming clear that these rules will have teeth and that enforcement will be rigorous," said Skuld.

"Both the EPA [U.S. Environment Protection Agency] in America and in Europe statements are being made to this very effect."

This month, EPA released its penalty policy for non-compliance with the new rules, imposing up to $25,000 per day, per violation.

Penalties are not restricted to those found not burning the correct fuel, but also apply in relation to a host of record keeping obligations.

In addition, criminal sanctions carrying potential jail time apply to giving false information to a federal officer, said Skuld.

In Europe, the Danish Ministry of the Environment recently announced that member states will be required to inspect log books and bunker delivery notes of 10 percent of vessels calling relevant European Union (EU) ports.

In addition, as of January 1, 2016, on-board fuel sampling and testing will be conducted on at least 40 percent of those vessels inspected at ports of EU Member States wholly within the ECA.

Testing will also be conducted at ports of EU Member States only partly within the ECA and even ports of Member States wholly outside the ECA, albeit at lower percentages.

"As such there should be no doubt as to very serious and committed approach that will be taken towards enforcing the new MARPOL Annex VI limits," said Skuld.

From January 1, 2015, ships are required to burn fuel with a sulfur content of no more than 0.10 percent within North American waters and the Baltic and North Seas.

Skuld's warning comes in direct contrast to those of other commentators who this month suggested that flouting the rules in Europe could save shippers $20,000 per day.

Last week, JBC Energy said current low bunker prices are expected to boost compliance with European ECA rules as compliant fuels are more affordable.