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As previously announced by Bunker Index, as of 1st October, ships calling at Shenzhen are now required to use marine fuel with a sulphur content not exceeding 0.5 percent when at berth.

The development follows the implementation, on 1st April 2016, of a similar 0.5 percent sulphur regulation for ships berthing (at anchor or alongside) at key ports of the Yangtze River Delta Emission Control Area (ECA), namely Shanghai, Ningbo, Zhoushan, Nantong, Suzhou, Zhanjiagang , Changshu and Taicang.

Last month, local authorities at the Zhujiang (Pearl River) Delta port of Shenzhen, issued a circular concerning the upcoming implementation of the new limit on the sulphur content of marine fuel.

In the document, entitled 'Circular on the use of low sulfur oil by vessels when berthing at Shenzhen Port', the Human Settlements and Environment Commission of Shenzhen Municipality, the Maritime Safety Administration (MSA) of Shenzhen Municipality and the Transport Commission of Shenzhen Municipality formally confirmed that "it is decided to require compulsorily vessels to use low sulfur oil when berthing at Shenzhen port".

There is an allowance of one hour after arrival and one hour prior to departure for fuel oil changeovers to take place. Also, military vessels, fishing boats and sports watercrafts are excluded from the requirement.

On the issue of documentation, the local authorities said last month: "Vessels shall, as required, keep fuel documents such as the Fuel switch record, fuel supplying and receiving document, oil record book and engine logbook, for inspection by relevant departments and institutions."

Operators were warned that Shenzhen MSA would "strengthen the supervision of arriving vessels, enhance the random inspection on the quality of fuel and the discharge from vessels". Any vessels using low-sulphur fuel that did meet the new standards would be "punished" in accordance with Article 106 of the 'Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution', the local authorities stressed.

On the issue of using equivalent measures to reduce the emissions of a ship, Shenzhen authorities explained that, except when using shore power or liquefied natural gas (LNG), prior permission will need to be obtained from the Shenzhen Maritime Safety Administration and the Human Settlements and Environment Commission of Shenzhen Municipality.

Immunity and exemptions

The MSA has outlined the specific circumstances under which immunity or exemption may be granted.

Immunity

Vessels can request immunity in advance if they do not fulfil all the requirements of the circular. A request will need to be put forward to the MSA and materials submitted.

After verification by the MSA, a vessel can be granted immunity if:

1. The vessel operator can provide evidence to show that it has exercised due diligence, but still failed to obtain low sulphur fuel.

2. The vessel operator is able to prove that the vessel will be modified to use low-sulphur fuel and that the modifications will be completed before 1st January 2017.

3. The vessel operator can prove that using low sulphur oil during berthing will cause danger to the safety of the vessel.

Exemptions

If the vessel operator can provide sufficient evidence to show that low-sulphur fuel was not used due to a force majeure or another emergency situation. Under such circumstances, the vessel will need to put forward its request immediately to the MSA (via VHF or telephone etc) and submit written documentation afterwards.