South Africa Issues 2020 Fuel Oil Guidance

The South African Maritime Safety Authority (SAMSA) has published two Marine Notices on the fuel sulphur cap regulations.

Marine Notice 8 of 2019 advises that the MARPOL Annex VI limit of 0.50% m/m sulphur content in fuel oil will be in force from 1 January 2020, unless the vessel uses an approved “equivalent” means of compliance (i.e. scrubber). As things stand, South Africa has not imposed any restrictions on the use of scrubbers.

The notice also confirms the carriage ban will come into effect on 1 March 2020.

With regard to the availability of compliant fuels, SAMSA have not received any firm commitments from suppliers. However, the International Bunker Industry Association (IBIA) has expressed confidence that compliant fuel will be available in South African ports by 1 January 2020.

Marine Notice 9 of 2019 outlines the procedure for reporting non-availability of compliant fuel.

If unable to comply, the South African MRCC and the destination SAMSA port office must be notified (in addition to vessel’s Flag State) and the vessel must:

• Present a record of the actions taken to attempt to achieve compliance; and
• Provide evidence that it attempted to purchase compliant fuel oil in accordance with its voyage plan and, if it was not made available where planned, that attempts were made to locate alternative sources for such fuel oil and that despite best efforts to obtain compliant fuel oil, no such fuel oil was made available for purchase.

To assist with this process, SAMSA have provided a template fuel oil non-availability report (FONAR) which can be accessed here.

The FONAR must be completed, signed and submitted 96 hours before entering South Africa’s Exclusive Economic Zone (EEZ).

SAMSA stress that they do not consider the cost of compliant fuel oil to be a valid basis for claiming an inability to purchase 0.50% fuel oil.

Thanks to South African law firm and club correspondent Shepstone & Wylie.

Read Marine Notice 8 of 2019.

Read Marine Notice 9 of 2019.

For lots more information on the 2020 global sulphur cap, visit our dedicated Insights area 2020 Vision.