E
4 ALBERT EMBANKMENT
                                          LONDON SE1 7SR
                   Telephone: +44 (0)20 7735 7611      Fax: +44 (0)20 7587 3210
                                                                              MEPC.1/Circ.881
                                                                                 21 May 2019
    GUIDANCE FOR PORT STATE CONTROL ON CONTINGENCY MEASURES FOR
                  ADDRESSING NON-COMPLIANT FUEL OIL
1        The Marine Environment Protection Committee, at its seventy-fourth session
(13 to 17 May 2019), approved the Guidance for port State control on contingency measures
for addressing non-compliant fuel oil, as set out in the annex.
2       Member Governments are invited to bring the annexed Guidance to the attention of
their Administration, industry, relevant shipping and fuel industry organizations, shipping
companies and other stakeholders concerned, as appropriate.
                                               ***
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MEPC.1/Circ.881
Annex, page 1
                                                 ANNEX
    GUIDANCE FOR PORT STATE CONTROL ON CONTINGENCY MEASURES FOR
                  ADDRESSING NON-COMPLIANT FUEL OIL
1       In the case of non-compliant fuel oil, communication between the ship and the port
State should occur. The ship and the port State should consider the following as possible
contingency measures:
         .1        actions predetermined in the Ship implementation plan, if available, for
                   consistent implementation of the 0.50% sulphur limit under MARPOL
                   Annex VI (MEPC.1/Circ.878);
         .2        discharging non-compliant fuel oil to another ship to be carried as cargo or
                   to an appropriate shipboard or land-based facility, if practicable and
                   available;
         .3        managing the non-compliant fuel oil in accordance with a method acceptable
                   to the port State; and
         .4        operational actions, such as modifying sailing or bunkering schedules and/or
                   retention of non-compliant fuel oil on board the ship. The port State and the
                   ship should consider any safety issues and avoid possible undue delays.
2          Having considered all of the options in paragraph 1 above, the non-compliant fuel oil
may be discharged to the port or retained on board, as acceptable to the port State. Port State
consideration may include environmental, safety, operational and logistical implications of
allowing or disallowing the carriage of non-compliant fuel oil. The carriage of non-compliant
fuel oil is subject to any conditions of the port State.
3       The port State, the flag State and the ship should work together to agree on the most
appropriate solution, taking into account the information provided in the Fuel Oil
Non-Availability Report (FONAR),* to address the non-compliant fuel oil.
4        After the non-compliant fuel oil is completely used or discharged, such actions should
include the possibility of cleaning and/or flushing through or dilution of remaining residues by
using compliant fuel oil with the lowest sulphur content available.
                                             ___________
*     Appendix 1 of the 2019 Guidelines for consistent implementation of the 0.50% sulphur limit under MARPOL
      Annex VI (MEPC.320(74)).
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