EU Sulphur Directive 2005/33/EC

Frequently Asked Questions on the ‘At Berth’

requirements

FOBAS
LR Version 2.0

Date: 29 December 2009

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EU Sulphur Directive 2005/33/EC
Frequently Asked Questions on the ‘At berth’ requirements
EU Directive 2005/33/EC

EU Directive 2005/33/EC amends an earlier Directive, 1999/32/EC, relating to a reduction in

the sulphur content of certain liquid fuels which itself amended Directive 93/12/EEC.

One aspect of the 2005/33/EC amendments is Article 4b which requires that, from 1 January
2010, the fuel oil used by ships while ‘at berth’ in EU ports is to be limited to 0.1% m/m
maximum sulphur content.

The particular requirements within Article 4b are:

The change-over to this 0.1% m/m maximum sulphur fuel oil is to be undertaken as
soon as possible after arrival and from it as late as possible prior to departure.

The times of these change-overs are to be recorded in the ship’s logbook.

These ‘at berth’ requirements to not apply to:

(a) ships which are, according to published timetables, due to be at berth for less
than 2 hours;
(b) certain named ships as given in the Directive; or
(c) ships which switch off all engines and use shore-side electricity while at berth
in ports.

Frequently Asked Questions Regarding the ‘At Berth’ Requirements

As is standard practice with all Directives the given requirements are being implemented
directly by the individual Member States in respect of their respective territories with any
definitive interpretations to be given by the European Court of Justice.

Nevertheless, in alerting the industry to the pending requirement over the four and a half years
since the 2005 Directive was published the FOBAS service has received many questions on
these ‘at berth’ requirements. Consequently, in order to assist shipowners and others we have
now collated these questions and our responses into this publication.

In providing these responses it must however be understood that FOBAS is operating only as
an ‘informed observer’ and that actual implementation will be by the appropriate department
of the Administration of the Member State(s) within whose waters the ship(s) affected operate
and which may itself be guided or directed by advice from the European Maritime Safety
Agency, the European Commission or other relevant authorities.

FOBAS ‘At Berth’ FAQ_V2 Page i

Version 2

This Version 2 updates the first version which was published 9 December 2009 and therefore
incorporates a number of subsequent developments:

• The European Commission has published, 29 December 2009, certain

recommendation regarding the application of the ‘At Berth’ requirements.
These are attached as Appendix 1
• The European Commission has published its own set of Frequently Asked
Questions relating to the ‘At Berth’ requirements and, for convenience,
these too are attached, Appendix 2
• Lloyd’s Register has published guidance as to the class related issues
associated with modifications which may necessary to ship’s equipment or
systems in order to be able operate with the type of fuel oils to be used to
meet the ‘at berth’ requirements – see FAQ no. 57
• FOBAS has received further questions in addition to those originally
included in Version 1
• In order to assist users a copy of the referenced FOBAS Bulletin, No.
05/2009, relating to the use of low sulphur fuel oils has been incorporated
as Appendix 3

Consequently, we have been able to expand on some of the responses previously given and to
add further questions and answers. In order to retain the same numbering of questions, where
it has been considered appropriate to inset questions into the existing listing these question
numbers have been given a letter suffix.

Further questions

FOBAS hopes that we have addressed most of the possible questions however if there are
further questions please contact on [email protected]

FOBAS ‘At Berth’ FAQ_V2 Page ii

The Questions

In order to assist access the questions have been first listed in this section:

No.: Question Page

1 Do these requirements apply to all ships? 1
2 ‘At berth’ – what is meant by this term? 1
3 Does this requirement apply to all ports in EU countries? 1
3a Does this requirement apply to other European countries? 1
4 Does this requirement apply whenever a ship is anchored in EU 1
waters?
4a Does this requirement apply during the course of ‘ship-to-ship’ 1
operations?
5 Are shipyards or ship repair facilities considered to be ‘ports’? 1
6 Why is it that ‘at berth’ is the part of a ship’s operations which is 1
being controlled by these requirements?
7 Could a residual fuel oil be used ‘at berth’? 2
8 Is it required that only gas oil is used ‘at berth’? 2
9 What ISO 8217 DM grade fuels would be acceptable for use while ‘at 2
berth’?
10 What is meant by ‘m/m’ after the figure of 0.1%? 2
11 What sulphur test method is applicable? 2
12 What margin would be expected between the sulphur content of fuel 2
oils as delivered and the limit of 0.1% m/m maximum?
13 What issues are there in view of the expected narrow margin between 3
as loaded and limit sulphur values?
14 What are the implications for a ship, which also operates outside the 3
EU, which does not have the capability to handle two different grades
of gas oil?
15 What onboard inspection of a ship may be undertaken to verify that 3
0.1% maximum sulphur fuel oil is being used?
16 Article 6 of the Directive gives that ‘…sampling shall commence 3
within six months of the date on which the relevant limit for
maximum sulphur content in the fuel comes into force.’ Does this
mean that there will be a six month period until July 2010 over which
the ‘at berth’ requirements will not be enforced?
17 Is it possible to detect the level of sulphur content in the fuel being 3
used without boarding a ship?
18 What technical concerns are there in respect of the use of 0.1% m/m 4
maximum sulphur distillates?
19 What specific concerns are there with regard to the supply of 4
automotive type fuels to ships?
20 The change-over requirement does not apply to ships which are ‘at 4
berth’ for less than two hours?
21 What engines or other combustion devices need to be changed-over to 4
a 0.1% m/m maximum sulphur fuel oil?
22 Do the ‘at berth’ requirements apply to main engines? 4

FOBAS ‘At Berth’ FAQ_V2 Page iii

 23 Is the circulation of heated residual fuel oil through an engine allowed 5
while ‘at berth’?
24 If an engine, which is normally operated on residual fuel oil, is subject 5
to repair is it allowed to test that engine on that grade of fuel oil while
‘at berth’ for the purpose of verifying engine is ready for service?
24a While in a shipyard or ship repair facility would it be allowed to 5
commission or otherwise test engines or other combustion equipment
on residual fuel oil?
25 Do the ‘at berth’ requirements apply to main boilers as installed, for 5
example, on LNG tankers?
26 Do the ‘at berth’ requirements apply to auxiliary boilers? 6
27 The Directive mentions that the ‘at berth’ requirements to not apply to 6
ships which ‘…switch off all engines and use shore-side electricity
while at berth …’ hence would it be possible in such circumstances to
still use a fuel oil with a sulphur content above 0.1% m/m in boilers
which provide steam to, for example, cargo pump turbines?
28 If a ship, which uses shore-side electricity when alongside, is required 6
to anchor in an EU port is it allowed to use a fuel with a sulphur
content above 0.1% m/m while at anchor?
29 Do the requirements apply to fuel oil fired inert gas generators? 6
30 When is a ship considered to have ‘arrived’? 6
30a Is the anchorage outside a port considered as part of the port as 7
regards the application of the ‘at berth’ requirements?
30b If a ship is directed to anchor for an unspecified period, for example, 7
awaiting pilot is it required to change-over the fuel in use?
31 How long is allowed for the change-over to 0.1% m/m maximum 7
sulphur fuel oil?
32 Is it required to have approved change-over procedures? 7
33 With regard to arrival, what times should be recorded in the ship’s 8
logbook?
34 In which ship’s logbook should the entries be made? 8
35 What change-over arrangements apply to engines or other combustion 8
devices which are not operating when the ship arrives but are
subsequently used while the ship is ‘at berth’?
36 On arrival at an EU port if a ship first goes to anchor and then later 8
moves to a berth alongside is it required to use a 0.1% m/m maximum
sulphur fuel oil during that passage from anchorage to berth?
36a If a ship is required to change berth within a port is it required to use a 8
0.1% m/m maximum sulphur fuel oil during that passage from
anchorage to berth?
37 Does being secured in a lock during passage into or out of a port count 9
as being ‘at berth’?
38 What defines ‘departure’ time? 9
39 When should the change-over from a 0.1% m/m maximum sulphur 9
fuel oil to another fuel oil (i.e. residual fuel oil) commence?
40 With regard to departure, what times should be recorded in the ship’s 9
logbook?
41 Would these change-over records be subject to inspection? 9

FOBAS ‘At Berth’ FAQ_V2 Page iv

 42 Currently marine gas oils, as defined, used with EU territory are 9
limited by the Directive to 0.10% maximum sulphur content. Does
this requirement continue to apply?
43 What is the situation as is affects a ship which is ‘at berth’ when the 9
requirements enter into force?
44 It is noted that the current requirement for ‘marine gas oils’ is 10
expressed as ‘0.10% m/m maximum sulphur content’ whereas the ‘at
berth’ requirements are given on the basis of ‘0.1% m/m maximum
sulphur fuel oil’. Is this difference in the precision of the sulphur
content correct?
45 Are there any other restrictions on the sulphur content of fuel oils used 10
in addition to the ‘at berth’ requirements?
46 The 2005 amendments to the Directive mention inland waterways, 10
what controls are applicable to ships transiting inland waterways
within the EU?
47 Are there alternatives to using 0.1% m/m maximum sulphur fuel oils? 10
48 Could biodiesel be used to meet these ‘at berth’ requirements? 11
49 Would gas fuels be acceptable alternatives for use ‘at berth’? 11
50 Would it be acceptable to use a mix of gas fuel and a gas oil, or 11
residual fuel oil, with a sulphur content above 0.1% m/m?
51 What penalties would be applied in the case of non-compliance with 11
the ‘at berth’ requirements?
52 If a ship arrives at an EU port with no 0.1% m/m maximum sulphur 12
content fuel oil onboard is it allowed to berth, then take on the
necessary bunkers and once finished loading that fuel oil duly
commences the necessary change-over operations?
53 What approach will taken by where a ship arrives with only a limited 12
amount of compliant fuel oil onboard, expecting to obtain further
supplies at that port, but such supply is (a) not available, (b) not
available at a price the shipowner or charterer is prepared to pay, or
(c) cannot be physically delivered to the ship due to barge availability
/ weather / strikes / or other reasons?
54 Could the ‘fuel availability’ clause of the revised MARPOL Annex VI 12
reg. 18 be used to exempt a ship which does not have the required
0.1% m/m maximum sulphur fuel oil onboard on arrival?
55 What guidance is available as to the points to be considered in respect 12
of boilers which are to operate on 0.1% m/m maximum sulphur fuel
oil?
56 What guidance is available as to the points to be considered in respect 13
of engines and other combustion devices which are to operate on 0.1%
m/m maximum sulphur fuel oil?
57 Do modifications to a ship’s equipment and systems which are 13
necessary to meet the ‘at berth’ requirements need to be approved by
the ship’s classification society?
58 What will be the case if it is necessary for a ship to have certain 13
modifications to machinery, storage arrangements, piping or control
systems before being able to use a 0.1% m/m maximum sulphur fuel
oil but those modifications have not yet been installed?

FOBAS ‘At Berth’ FAQ_V2 Page v

 59 What happens if there is an emergency or breakdown in some part of 13
the system which therefore requires a fuel oil with sulphur content
above 0.1% m/m to be used?
60 In the case of an LNG tanker using only boil-off gas as the fuel while 14
‘at berth’ experiences a boiler trip which then necessitates relighting
on fuel oil would it be required that the fuel oil used is a 0.1% m/m
maximum sulphur fuel oil?
61 While ‘at berth’ is it permitted to test emergency equipment, such as 14
fire pumps, on fuel oil with a sulphur content above 0.1% m/m?

FOBAS ‘At Berth’ FAQ_V2 Page vi

Frequently Asked Questions
1. Do these requirements apply to all ships?
Yes, the requirements apply to all ships irrespective of flag (EU or non-EU), ship type,
date of construction or tonnage.

2. ‘At berth’ – what is meant by this term?

This covers ships in EU ports which are secured at anchor, on moorings (including
single buoy moorings) or alongside irrespective of whether they are working cargo or
not.

3. Does this requirement apply to all ports in EU countries?

The requirement does not apply to ports in the ‘outermost regions’. The ‘outermost
regions’ are the French overseas departments, the Azores, Madeira, and the Canary
Islands provided, in each case, local air quality standards are maintained.

3a. Does this requirement apply to other European countries?

Generally both Norway and Iceland have followed the EU approach as regards such
matters as the Sulphur Directive. It is understood that Norway intends to apply the ‘at
berth’ requirements however the situation as regards Iceland is unclear, ships visiting
Icelandic ports should therefore verify whether the requirements apply and, if so,
ensure that the required compliant fuel oil is onboard prior to arrival.

4. Does this requirement apply whenever a ship is anchored in EU waters?

Since the requirement is given as ‘…ships at berth in EU ports…’ it would be
considered that if a ship anchors within EU waters but outside a zone controlled by a
particular port or navigation authority (i.e. to effect repairs or awaiting orders) then the
requirement does not apply. The European Commissions FAQ – Appendix 2 – notes
that the term ‘…port..’ is not defined within the context of the Sulphur Directive and
hence is potentially subject to interpretation by individual Member States.

4a. Does this requirement apply during the course of ‘ship-to-ship’ operations?
Where such operations are undertaken with neither ship anchored or otherwise secured,
except to the other ship, then the ships in question would not be considered to be
‘secured’ as given in the Directive and hence the requirement does not apply.

5. Are shipyards or ship repair facilities considered to be ‘ports’?

The Directive does not define the term ‘port’ however since the overall objective is to
restrict the sulphur emissions from stationary ships then such facilities should be
considered as included as ‘ports’.

6. Why is it that ‘at berth’ is the part of a ship’s operations which is being
controlled by these requirements?
Studies, including Lloyd’s Register’s Marine Exhaust Emission Research Programme,
have identified stationary ships as being particular point sources of air pollution and
hence, by controlling the maximum sulphur content of the fuels used ‘at berth’, this
will directly reduce the sulphur oxides (SOx) and related particulate matter emissions.

FOBAS ‘At Berth’ FAQ_V2 Page 1

7. Could a residual fuel oil be used ‘at berth’?
In theory yes since it is only the maximum sulphur content which is stipulated, not the
fuel type. However, in practice it must be expected that generally only distillate grade
type fuels will be produced which meet the 0.1% m/m maximum sulphur limit.
Consequently, throughout this review wherever the term ‘residual fuel oil’ is used it
implies a fuel with sulphur content above 0.1% m/m.

8. Is it required that only gas oil is used ‘at berth’?

No, it is only the maximum sulphur content which is stipulated. However, in practice
it must be expected that generally only distillate grade type fuels will be produced
which meet the 0.1% m/m maximum sulphur limit.

9. What ISO 8217 DM grade fuels would be acceptable for use while ‘at berth’?
In the ISO 8217:2005 specification the DMA grade is limited to 1.50% m/m
maximum sulphur content and the DMB and DMC grades to 2.00% m/m. Hence, to be
compliant any of these fuel grades must be ordered with a tighter sulphur specification,
0.1% m/m maximum, than that given in the 2005 version of the specification.

10. What is meant by ‘m/m’ after the figure of 0.1%?

The ‘m/m’ term indicates the percentage on a mass basis - % mass. This is the
standard means of stating the sulphur test result. Previously this may alternatively
have been given in terms of % weight.

11. What sulphur test method is applicable?

For marine fuels – ISO 8754:1992 is the given method however this method has been
subsequently revised to ISO 8754:2003. The differences between the two methods are
not expected to be significant in terms of the result obtained.

12. What margin would be expected between the sulphur content of fuel oils as
delivered and the limit of 0.1% m/m maximum?
In many instances this 0.1% m/m sulphur limit will be the production driver of these
fuels limiting what source streams can be used and the respective proportions. The
possible exception to this will be where gas oil grade fuels originally intended for
automotive applications (EU limit 10 mg/kg – 0.001%) are supplied to ships. This
may be as a result of supplier convenience – particularly ships (such as yachts) which
bunker by road tanker remote from the main bunker ports.

FOBAS ‘At Berth’ FAQ_V2 Page 2

13. What issues are there in view of the expected narrow margin between as loaded
and limit sulphur values?
Ideally any fuel oil stem, including gas oils, would be stored onboard separate from
other deliveries so that if problems are encountered with a particular fuel the issue can
be contained and other, known performance fuel oils, are not degraded as a result of
mixing. However with the gas oil grades this is often not possible with current ship
designs and in any case there are not the same potential incompatibility problems as
there are with the residual fuel oils. Nevertheless, with the 0.1% m/m maximum
sulphur fuel oils as the actual value will normally only be marginally below that limit
there will be very little, or no, tolerance to mixing with other higher sulphur content
fuel oils and still remaining compliant. Consequently, particular care will be required
during the loading, storage, transfer or treatment of these 0.1% m/m maximum fuel
oils to ensure that they are not mixed with other, higher sulphur content, fuel oils –
either by intent or due to remaining quantities in tanks or pipes.

14. What are the implications for a ship, which also operates outside the EU, which
does not have the capability to handle two different grades of gas oil?
Under this circumstance it would probably be necessary that the ship only uses gas oil
with a maximum sulphur content of 0.1% m/m even at sea and at ports outside the EU.

15. What onboard inspection of a ship may be undertaken to verify that 0.1%
maximum sulphur fuel oil is being used?
In the first instance the relevant Bunker Delivery Notes (BDN), which under
MARPOL Annex VI reg. 18 are required to be retained onboard for a minimum of 3
years from the date of delivery, would be inspected together with the Oil Record Book
detailing into which tanks that fuel was loaded. However the BDN only shows the
sulphur content of the fuel as received. It is necessary that during loading, storage,
transfer, treatment and use (other than during the change-over process) that the fuel
has not been mixed with other, higher sulphur content, fuel oils in order for it to
remain compliant. Consequently the inspector may require a sample of the fuel oil
being used to be drawn which would then be analysed to verify that the fuel was
compliant.

16. Article 6 of the Directive gives that ‘…sampling shall commence within six
months of the date on which the relevant limit for maximum sulphur content in
the fuel comes into force.’ Does this mean that there will be a six month period
until July 2010 over which the ‘at berth’ requirements will not be enforced?
This clause relates to Articles 3 and 4 of the Directive and in any case gives
‘…within..’ not a full six month exclusion. The ‘at berth’ requirements are given
under Article 4b and hence the inspection regime given under Article 6(1a) would
apply which gives no such period of grace before the requirements will be enforced.

17. Is it possible to detect the level of sulphur content in the fuel being used without
boarding a ship?
There are certain air quality measurement techniques which could be used which, by
focusing a beam across the gas plume issuing from the funnel, would detect the
sulphur oxide concentration levels. This data may then be used to target onboard
inspections of ships where it was suspected that fuel oil with higher sulphur content
than that required was being used.

FOBAS ‘At Berth’ FAQ_V2 Page 3

18. What technical concerns are there in respect of the use of 0.1% m/m maximum
sulphur distillates?
There are a number of possible technical issues to be aware of:
(a) low viscosity
(b) poor lubricity
(c) unacceptable or undesirable blend components
(d) potential power shortfall
(e) engine starting problems
(f) cleaning action
(g) attention to pre-heating control
(h) correct settings for boiler safety and combustion control systems
These are covered in greater detail in FOBAS Bulletin 05/2009 – Appendix 3.

19. What specific concerns are there with regard to the supply of automotive type
fuels to ships?
The concerns identified relating to the use of 0.1% m/m maximum sulphur fuel oils
will tend to be intensified in those instances where automotive fuels have been
supplied. Furthermore, automotive gas oils are often found to have flash point values
below the statutory minimum of 60oC for marine fuel oils used in machinery spaces
and hence are unfit for such service. An additional concern would be in those
instances where such fuels are supplied as a result of not having met one or other of
the quality specification for automotive use and the implications of that on their
usability in marine engines or other combustion machinery.

20. The change-over requirement does not apply to ships which are ‘at berth’ for less
than two hours?
No, the ‘two hours’ given in the Directive only applies where there is a published
timetable (i.e. in the case of ferries on scheduled services) which gives that the time ‘at
berth’ is less than two hours. There is not a general exemption for ships which will be
‘at berth’ for less than two hours.

21. What engines or other combustion devices need to be changed-over to a 0.1%

m/m maximum sulphur fuel oil?
Only those engines, boilers, incinerators or other combustion devices which are to be
used while the ship is ‘at berth’ need to be changed-over to a 0.1% m/m maximum
sulphur fuel oil. Consequently, attention is also necessary to intermittently operated
combustion machinery with separate, stand-alone, ready use tanks, such as
incinerators, to ensure that the fuel in those tanks is duly compliant.

22. Do the ‘at berth’ requirements apply to main engines?

Only in machinery arrangements where the engines used for propulsion are also used
to supply power for other purposes while the ship is ‘at berth’. This would include:
(a) diesel-electric systems where the engines also provide power for ship, engine room
or cargo services; or
(b) where a propulsion engine is declutched from the propeller and either idles or
provides power to a generator, pump or other devices.

FOBAS ‘At Berth’ FAQ_V2 Page 4

23. Is the circulation of heated residual fuel oil through an engine allowed while ‘at
berth’?
The circulation of heated residual fuel oil through an engine (main or auxiliary) in
order to maintain readiness would be permitted as that does not constitute ‘use’ within
the meaning of the Directive as the fuel oil is not being combusted. Consequently, in
terms of auxiliary engines driving generators it would only be necessary to change-
over those engine(s) which are being actually used while ‘at berth’.

24. If an engine, which is normally operated on residual fuel oil, is subject to repair is
it allowed to test that engine on that grade of fuel oil while ‘at berth’ for the
purpose of verifying engine is ready for service?
Although Article 1 (2)(a) gives that the requirements would not apply to fuels used for
‘…purposes of research and testing’ it would be understood that ‘ ..testing… ’ as
given therein would not cover the subject scenario. Hence it would appear that it
would not be allowed for that engine to be tested on residual fuel oil for the purpose
verifying performance. However, since this situation is not clearly given within the
Directive application could be made to the applicable authority of a particular Member
State to determine their final ruling on this point.

24a. While in a shipyard or ship repair facility would it be allowed to commission or

otherwise test engines or other combustion equipment on residual fuel oil?
Although Article 1 (2)(a) gives that the requirements would not apply to fuels used for
‘…purposes of research and testing’ it would be understood that ‘ ..testing… ’ as
given therein would not cover the subject scenario. Hence it would appear that it
would not be allowed for that engine to be commissioned or tested on residual fuel oil
for the purpose verifying performance. However, since this situation is not clearly
given within the Directive it would be expected that the shipyard or ship repair facility
concerned will have previously established the view of the applicable authority of the
particular Member State on this point.

25. Do the ‘at berth’ requirements apply to main boilers as installed, for example, on
LNG tankers?
The requirements apply to any fuel oil used by such boilers. Since there can be
significant issues associated with the ‘on load’ use of gas oil type fuel oils in such
boilers reference should be made to manufacturers recommendations, relevant
statutory and classification society rule requirements together with various other
publications which have been produced on this topic, for example those from Lloyd’s
Register: Classification News 35/2009 and ‘Guidance Notes for Design Appraisal of
Main and Auxiliary Boilers Operating on Low Sulphur Distillate Oil, November 2009’.

FOBAS ‘At Berth’ FAQ_V2 Page 5

26. Do the ‘at berth’ requirements apply to auxiliary boilers?
The requirements apply to any fuel oil used by all sizes of auxiliary boiler from the
relatively large water tube boilers installed on some motor tankers through to those
which are essentially simply hot water heaters. As with main boilers, there can be
significant issues associated with the ‘on load’ use of gas oil type fuel oils in such
boilers consequently reference should be made to manufacturers recommendations,
relevant statutory and classification society rule requirements together with various
other publications which have been produced on this topic, for example those from
Lloyd’s Register: Classification News 35/2009 and ‘Guidance Notes for Design
Appraisal of Main and Auxiliary Boilers Operating on Low Sulphur Distillate Oil,
October 2009’.

27. The Directive mentions that the ‘at berth’ requirements to not apply to ships
which ‘…switch off all engines and use shore-side electricity while at berth …’
hence would it be possible in such circumstances to still use a fuel oil with a
sulphur content above 0.1% m/m in boilers which provide steam to, for example,
cargo pump turbines?
It is probable that this would not be accepted by the authorities as being in compliance
with the Directive since the key requirement, as given in point 1 of Article 4b, is that
‘…ships shall not use….’ rather than only some types of combustion devices being
controlled.

28. If a ship, which uses shore-side electricity when alongside, is required to anchor
in an EU port is it allowed to use a fuel with a sulphur content above 0.1% m/m
while at anchor?
No since to be covered by this exemption it would be necessary that there is the
required infrastructure for shore-side electricity to be supplied also to ships which are
anchored.

29. Do the requirements apply to fuel oil fired inert gas generators?
Although such units typically incorporate a water wash stage (which will tend to
remove most the sulphur oxides from the resulting inert gas stream) and do not
directly vent the gases produced to the atmosphere, except when in purge mode, there
is no specific exemption for this type of combustion device given within the Directive.
Consequently, in the first instance it should be concluded that the requirements do
apply to these devices and application could be made to the applicable authority of a
particular Member State to determine their final ruling on this point although it should
be noted that there is the possibility that individual Member States could take differing
views on this point

30. When is a ship considered to have ‘arrived’?

Since the requirement applies to ships which are secured, the point at which a ship is
considered to have ‘arrived’ would be when Finished With Engines is given.
Alternatively, for a ship at anchor, it could be when the anchoring crew are stood
down.

FOBAS ‘At Berth’ FAQ_V2 Page 6

30a. Is the anchorage outside a port considered as part of the port as regards the
application of the ‘at berth’ requirements?
The European Commission’s FAQ – Appendix 2 – notes that the term ‘…port..’ is not
defined within the context of the Sulphur Directive and hence is potentially subject to
interpretation by individual Member States. Consequently, where a ship is directed to
anchor it should be enquired of the relevant authority as to whether that should be
considered as being covered by the ‘at berth’ requirements.

30b. If a ship is directed to anchor for an unspecified period, for example, awaiting
pilot is it required to change-over the fuel in use?
Where there is a ‘holding period’ of this type of unknown duration it would be
recommended that the traffic managing authority be asked as whether that is to be
considered to be ‘at berth’. Of course local knowledge as to the likely duration of such
holding should be taken into account together with whether the deck and engine room
manning is maintained on ‘stand by’ or ‘stood down’ – in the latter case then the ship
should be considered as being ‘at berth’.

31. How long is allowed for the change-over to 0.1% m/m maximum sulphur fuel oil?
No time is stipulated in the Directive since this will differ for different fuel mixes, the
particular machinery arrangements and change-over procedures. Whatever procedures
are to be followed these should commence as soon as is reasonably possible after
arrival. The ship-owner has the option to either:
(a) change-over the grade of fuel oil in the system; or
(b) change-over the machinery in use (where there is duplicated provision).
Scenario (a) in this case the rate of change-over from a heated residual fuel oil to
compliant gas oil will need to be managed in accordance with engine builder’s
guidance. Typically this will give that the rate of change of temperature should not
exceed 2oC per minute to avoid undue thermal loading and differential expansion of
heated components. However if change-over was to be from a non-compliant gas oil
to a compliant gas oil then the change-over time would only be that required for the
latter to be the only fuel in the supply system. The FOBAS fuel oil change-over
calculator may be of assistance in estimating the time required for the fuels in the
system to change from one to other.
Scenario (b) could, for example, apply to generator engines. The ship manoeuvres
with two generators running on residual fuel oil. On Finished With Engines being
given the third (or additional) generator(s), which has previously been set up to
operate on a 0.1% m/m maximum sulphur fuel oil, is started and load transferred to it
thereby enabling the previously running engines to be shut down.

32. Is it required to have approved change-over procedures?

There should be established change-over procedures in order to meet ISM
requirements. These would ensure that the correct sequence of operations is
undertaken and would provide guidance as to the time required for the procedure to be
undertaken, the latter would prove of assistance if the local authorities questioned the
length of time taken. These procedures however do not need to be specifically
approved.

FOBAS ‘At Berth’ FAQ_V2 Page 7

33. With regard to arrival, what times should be recorded in the ship’s logbook?
It would be recommended that three specific entries are made as part of a block of data:
(a) the time at which the ship is considered to be ‘secured at berth’ – this would
typically be when Finished With Engines or equivalent (i.e. anchor crew stood
down) is given.
(b) the time at which the first action (as given in the relevant procedures) is taken
to commence the change-over of a particular combustion system or machinery
group (i.e. auxiliary engines). Where there is more than one system or group
there will be a corresponding number of start times.
(c) the time at which it is considered that a particular combustion system or
machinery group is operating only on 0.1% m/m maximum fuel oil. Where
there is more than one system or group there will be a corresponding number
of end times.

34. In which ship’s logbook should the entries be made?

The Directive is not specific hence whichever logbook is specified in the relevant
procedures. This should however be one of the logbooks which is countersigned by
either the master or chief engineer.

35. What change-over arrangements apply to engines or other combustion devices

which are not operating when the ship arrives but are subsequently used while
the ship is ‘at berth’?
The temporary allowance for non-compliance during the change-over from a non-
compliant fuel oil to a 0.1% m/m maximum sulphur fuel oil is only for those engines
or other devices which are running on arrival. Any other machinery should have been
duly prepared before arrival to operate on a 0.1% m/m maximum sulphur fuel oil and
hence, when started while ‘at berth’, are compliant from the outset.

36. On arrival at an EU port if a ship first goes to anchor and then later moves to a
berth alongside is it required to use a 0.1% m/m maximum sulphur fuel oil
during that passage from anchorage to berth?
Where the particular Member State considers that anchorage to be part of the ‘port’,
and hence change-over has been necessary while at anchor, it is not required to use a
0.1% m/m maximum sulphur fuel oil during that passage from anchorage to alongside
berth. As a matter of convenience however the ship may decide to continue the usage
of that 0.1% m/m maximum sulphur fuel oil in the auxiliary engines and auxiliary
boiler (in order to avoid additional change-overs) while using a residual fuel oil for the
main (propulsion) engine(s).

36a. If a ship is required to change berth within a port is it required to use a 0.1%
m/m maximum sulphur fuel oil during that passage from anchorage to berth?
It is not required to use a 0.1% m/m maximum sulphur fuel oil during that change of
berth, even where that involves a river or canal passage. As a matter of convenience
however the ship may decide to continue the usage of that 0.1% m/m maximum
sulphur fuel oil in the auxiliary engines and auxiliary boiler (in order to avoid
additional change-overs) while using a residual fuel oil for the main (propulsion)
engine(s).

FOBAS ‘At Berth’ FAQ_V2 Page 8

37. Does being secured in a lock during passage into or out of a port count as being
‘at berth’?
No since this is only an interim stage in the overall manoeuvring process.

38. What defines ‘departure’ time?

Departure time should be set on the basis of the time notified as when ‘engines
required for hh:mm’. In this it is recognised that the actual departure from ‘at berth’
may be later due any one of any number of factors which impact on a ship’s schedule.

39. When should the change-over from a 0.1% m/m maximum sulphur fuel oil to
another fuel oil (i.e. residual fuel oil) commence?
In order to comply with the ‘…as late as possible before departure …’ requirement
this should be in advance of the given ‘departure’ time by the expected duration of the
change-over process as given in the ship’s change-over procedures (which itself
should include some reasonable margin to cover usual eventualities). This should be
such that the engines (and other combustion devices) are fully established on the fuel
oil to be used during departure passage prior to the first actions being taken to
‘unsecure’ the ship.

40. With regard to departure, what times should be recorded in the ship’s logbook?
It would be recommended that three specific entries are made as part of a block of data:
(a) the time given as ‘engines required for’.
(b) the time at which the first action (as given in the relevant procedures) is taken
to commence the change-over of a particular combustion system or machinery
group (i.e. auxiliary engines). Where there is more than one system or group
there will be a corresponding number of start times.
(c) the time at which it is considered that a particular combustion system or
machinery group is fully operating on the fuel to be used subsequently. Where
there is more than one system or group there will be a corresponding number
of end times.

41. Would these change-over records be subject to inspection?

Yes, in addition to verifying that a fuel oil of the required sulphur content was being
used it is fully expected that inspectors will be particularly concerned as to whether
the necessary change-overs have been undertaken promptly after arrival and not
commenced unduly early on departure.

42. Currently marine gas oils, as defined, used with EU territory are limited by the
Directive to 0.10% maximum sulphur content. Does this requirement continue to
apply?
No, from 1 January 2010 the ‘at berth’ requirement replaces the current marine gas oil
restriction.

43. What is the situation as is affects a ship which is ‘at berth’ when the
requirements enter into force?
It should be arranged that from 00:00 hrs 1 January 2010 all running combustion
machinery is operating on a 0.1% m/m maximum sulphur fuel oil.

FOBAS ‘At Berth’ FAQ_V2 Page 9

44. It is noted that the current requirement for ‘marine gas oils’ is expressed as
‘0.10% m/m maximum sulphur content’ whereas the ‘at berth’ requirements are
given on the basis of ‘0.1% m/m maximum sulphur fuel oil’. Is this difference in
the precision of the sulphur content correct?
Yes, these are the actual values given in the respective parts of the Directive. However
it should be understood that in either case the sulphur limitation should be read as
being ‘0.1000…% m/m’ rather than as, in the case of the given ‘at berth’ limit’, any
value up to 0.149% m/m.

45. Are there any other restrictions on the sulphur content of fuel oils used in
addition to the ‘at berth’ requirements?
The existing Directive requirement which limits the sulphur content to 1.5% m/m of
any fuel oil used by passenger ships operating on regular services to or from EU ports
continues to apply. In addition, for those areas designated as SOx Emission Control
Areas (North Sea and Baltic) – SECA, the existing 1.5% m/m, together with the global
limit of 4.5% m/m, sulphur limits as introduced by MARPOL Annex VI also continue
to apply. However, from 1 July 2010 the revised MARPOL Annex VI enters into
effect (in which the SECA are restyled Emission Control Areas established to limit
SOx and particulate matter emissions – ECA-SOx) and from that date the ECA-SOx
limit is reduced to 1.00 % m/m maximum sulphur content (0.10% m/m from 1 January
2015) as the first of a series of changes to the fuel oil sulphur limits.

46. The 2005 amendments to the Directive mention inland waterways, what controls
are applicable to ships transiting inland waterways within the EU?
The 2005 amendments introduced controls on the sulphur content of fuel oils used by
‘inland waterways vessels’ not on ‘inland waterways’ as an area of operation. In any
case a subsequent Directive, 2009/30/EC, removed all references to ‘inland waterways
vessels’ from the Sulphur Directive as these are now subject to separate requirements.

47. Are there alternatives to using 0.1% m/m maximum sulphur fuel oils?
The Directive allows for ‘…approved abatement technology…’ to be used where this
results in emissions which are no higher than those which would have been achieved
using the 0.1% m/m maximum sulphur fuel oil. With regard to SOx emission control
one possible technology would be exhaust gas cleaning systems – scrubbers. However
to be acceptable such devices must:
(a) continuously at least achieve the required equivalency;
(b) be fitted with continuous emission monitoring equipment; and
(c) documentation that the wash water from such systems would have no impact
on local ecosystems.
In giving such approval the Directive indicates that any relevant IMO Guidelines
should be taken into account. With regard to ‘scrubber’ type devices there are the
current Guidelines MEPC.170(57) and, in respect of the revised MARPOL Annex VI
– effective from 1 July 2010, the pending Guidelines MEPC.184(59). However, it
should be noted that this approval, in relation to the requirements of the Directive, is
by the relevant department of the Administration of each Member State of the EU in
whose ports that equipment is to be used. This approach therefore differs from that, for
example, under MARPOL Annex VI where a port State would accept the flag State’s
approval of such equipment provided that this was based on the relevant IMO
Guidelines.

FOBAS ‘At Berth’ FAQ_V2 Page 10

48. Could biodiesel be used to meet these ‘at berth’ requirements?
The ‘at berth’ requirements are not specifically restricted to petroleum based liquid
fuel oils and hence biodiesel – with inherently negligible sulphur content - could be
used. However it must be recognised there are particular concerns with regard to the
use of biodiesel (or biodiesel blends) in marine fuel oil systems, particularly aspects
related to long term storage stability, component corrosion and the propensity to
microbial spoilage together with the suitability of individual ship’s machinery and
ancillary equipment. It would remain that Bunker Deliver Note covering that fuel,
whether 100% biodiesel or a biodiesel / petroleum gas oil blend, should give the fuel’s
actual sulphur content.

49. Would gas fuels be acceptable alternatives for use ‘at berth’?
The full title of the Directive includes the phrase ‘..sulphur content of certain liquid
fuels’. Since gas fuels, whether gas fuels loaded as such (natural gas (liquid or
compressed), petroleum gases or others) or the boil-off gas encountered in LNG tanker
operations are not ‘liquid fuels’ – in the manner in which they are used by the engine
or other devices these would appear to fall outside the scope of the Directive and
hence would be usable. In any case all these gas fuels have negligible sulphur content.

50. Would it be acceptable to use a mix of gas fuel and a gas oil, or residual fuel oil,
with a sulphur content above 0.1% m/m?
In principle yes however the arrangement would need to be such that it complied with
the ‘abatement technology’ requirements (continuous equivalency – even at minimum
loading – and have a continuous emission monitoring system fitted). That arrangement
would need to be approved by the relevant department of the Administration of each
Member State of the EU in whose ports that arrangement is to be used. The Directive
indicates that in undertaking that approval any relevant IMO Guidelines should be
taken into account however those guidelines called for under Regulation 14(4)(c) of
MARPOL Annex VI have, as yet, still not been developed.

51. What penalties would be applied in the case of non-compliance with the ‘at
berth’ requirements?
The Directive requires that each Member State shall incorporate into the enabling
national legislation penalties for non-compliance which are ‘... effective, proportionate
and dissuasive..’. Hence these may differ from country to country in particular form
and detail but overall is should not be less costly to not comply and be detected than to
comply. The penalties imposed may range from financial to imposition on operations
(ultimately a ship could be banned from a port, region or country).

FOBAS ‘At Berth’ FAQ_V2 Page 11

52. If a ship arrives at an EU port with no 0.1% m/m maximum sulphur content fuel
oil onboard is it allowed to berth, then take on the necessary bunkers and once
finished loading that fuel oil duly commences the necessary change-over
operations?
Exactly how individual Member States will handle this question remains to be seen.
From a strict application of the Directive such ships would not be accepted in EU
ports – a view expressed by the European Commission is that no ship is mandated to
operate in EU waters and ports and that if it cannot meet EU requirements it should be
employed elsewhere. In such instances it possible that the ship would be required to
take on the necessary fuel oil at an outer anchorage before proceeding further and still
be subject to penalties.

53. What approach will taken by where a ship arrives with only a limited amount of
compliant fuel oil onboard, expecting to obtain further supplies at that port, but
such supply is (a) not available, (b) not available at a price the shipowner or
charterer is prepared to pay, or (c) cannot be physically delivered to the ship due
to barge availability / weather / strikes / or other reasons?
It is unclear what approach will be taken by individual Member States with regard to
these various scenarios, which may well differ between States. Clearly it would be
highly prudent for ship which is to be ‘at berth’ in an EU port to ensure that an
adequate quantity of compliant fuel oil, plus a reserve margin, is always retained
onboard.

54. Could the ‘fuel availability’ clause of the revised MARPOL Annex VI reg. 18 be
used to exempt a ship which does not have the required 0.1% m/m maximum
sulphur fuel oil onboard on arrival?
MARPOL Annex VI and the Sulphur Directive are two quite separate control
measures and clauses from one cannot simply be transferred to the other. In any case
the Annex VI ‘fuel availability’ clause is not to be taken as a general relaxation of the
requirements. Unlike the California Regulated Water regulations, the Sulphur
Directive does not give a detailed explanation of the line to be taken in such cases
however it must be expected that it would be ‘..effective, proportionate and
dissuasive..’.

55. What guidance is available as to the points to be considered in respect of boilers

which are to operate on 0.1% m/m maximum sulphur fuel oil?
In addition to that available from the manufacturers and statutory authorities Lloyd’s
Register has published ‘Guidance Notes for Design Appraisal of Main and Auxiliary
Boilers Operating on Low Sulphur Distillate Oil’ which should be referenced.

FOBAS ‘At Berth’ FAQ_V2 Page 12

56. What guidance is available as to the points to be considered in respect of engines
and other combustion devices which are to operate on 0.1% m/m maximum
sulphur fuel oil?
In addition to that available from the manufacturers and statutory authorities FOBAS
Bulletin 05/2009 – Appendix 3 - outlines a number of possible issues which will need
to be considered. Furthermore, the Lloyd’s Register ‘Guidance Notes for Design
Appraisal of Main and Auxiliary Boilers Operating on Low Sulphur Distillate Oil’
also contains useful information and guidance.

57. Do modifications to a ship’s equipment and systems which are necessary to meet
the ‘at berth’ requirements need to be approved by the ship’s classification
society?
Yes in so far as they affect aspects subject to the classification society requirements.
For further details on this aspects refer to Lloyd’s Register’s publication ‘EU Sulphur
Directive 2005/33/EC – Frequently Asked Questions on Issues related to Class’.

58. What will be the case if it is necessary for a ship to have certain modifications to
machinery, storage arrangements, piping or control systems before being able to
use a 0.1% m/m maximum sulphur fuel oil but those modifications have not yet
been installed?
Again it very much depends on the range of views which will be taken by the
individual Member States. As indicated by the European Commission’s
Recommendation published 29 December 2009 – reproduced in Appendix 1 –
compliance is still required. As indicated in those Recommendations it is up to the
Member State to consider the degree to which actions taken to prepare the ship and its
equipment in deciding what penalty to apply in particular cases. Furthermore, it is also
given that any such modifications would be in place within 8 months of the start of the
requirement. Therefore it mist be accepted that this is Recommendation is only
advisory and there is a maximum time limit. In those instances where these
circumstances apply it would be recommended that the situation be explained to the
relevant authority prior to arrival.

59. What happens if there is an emergency or breakdown in some part of the system
which therefore requires a fuel oil with sulphur content above 0.1% m/m to be
used?
Provided that reasonable measures are taken to minimise the excess emission
produced and that the situation which required that change-over was not the result of
recklessness or intent then that should be accepted without the imposition of any
penalty. Of course such occurrences would be expected to be rare events.

FOBAS ‘At Berth’ FAQ_V2 Page 13

60. In the case of an LNG tanker using only boil-off gas as the fuel while ‘at berth’
experiences a boiler trip which then necessitates relighting on fuel oil would it be
required that the fuel oil used is a 0.1% m/m maximum sulphur fuel oil?
Relighting in such circumstances would be considered to be covered by the emergency
condition provisions of the Directive and hence the fuel used to relight the boilers
would not necessarily be limited to 0.1% m/m maximum sulphur content. However, as
soon as possible thereafter gas only firing should be re-established. This is on the basis
of some unusual alarm event in the gas burning system whereas if such trips were
common, due for example to some mismatch in the control system, then they could
not be considered as unforeseen emergencies.

61. While ‘at berth’ is it permitted to test emergency equipment, such as fire pumps,
on fuel oil with a sulphur content above 0.1% m/m?
Since the requirements applies to all fuels used while at berth it would be necessary to
ensure that even the fuel oil in the supply tanks to any emergency, or other, equipment
used is duly compliant. If it is not intended to test such equipment while ‘at berth’ then
the fuel in those tanks would not need to be compliant – if an emergency required
usage then that situation would be covered by the emergency condition provision in
the Directive.

FOBAS ‘At Berth’ FAQ_V2 Page 14

Appendix 1 – European Commission Recommendation

FOBAS ‘At Berth’ FAQ_V2 Page 15

FOBAS ‘At Berth’ FAQ_V2 Page 16
Appendix 2 – European Commission FAQ

FOBAS ‘At Berth’ FAQ_V2 Page 17

FOBAS ‘At Berth’ FAQ_V2 Page 18
FOBAS ‘At Berth’ FAQ_V2 Page 19
Appendix 3 – FOBAS Bulletin 05/2009

FOBAS ‘At Berth’ FAQ_V2 Page 20

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