Answer
A - Bunker specs beyond limits can be ascertained by the BDA/, lab analysis reports (or the quality sheet handed over at the time of bunkering). This can be divided into 2 broad categories ;
• Non Compliant under statutory law : Violation of Marpol &SOLAS
Sullfur content more than 0.5 / 0.1, Flashpoint less than 60 degrees , presence of inorganic acids , presence of added chemicals or substances that jeopardize the safety of the ship.
Action asCE : Cannot use such bunker. Notify all parties. Company, admin, supplier, charterer, port state, bunker suppliers state. Shipowner may request the authorities to let him complete the intended Voyage without any delay before planning for any debunkring( incase sufficient ROB of compliant fuel). But debunkring has to be carried out definitely in this case. There should be sufficient evidence stating that you have ordered compliant fuel.
• Off Spec Bunker : Other parameters are out of ISO 8217 : 2017 limits
This will be termed as a violation of contract and not non compliance.
Action as C/E :Inform all the parties in the contract. Simultaneously keeping operations safe. Now it is upto the parties in the contract how to handle the breach.
Keeping operations safe :
• Take appropriate actions as per the offspec. For e.g. – if act fines are high. Proper FO settling and
purification
• Suggestions from the fuel lab and the engine maker
• Whether or not another sample is to be sent will be decided by the parties.
• Limitations of liabilities will be applicable to all parties.
• All evidences to be onboard (eg : pictures of the sludge , liner inspection reports, fuel pump plunger barrel
inspection reports , evidence of the racks going further in)
• In case it is decided to continue using this fuel and it affects any machinery, carry out additional RA and get
it approved by the company, as a C/E you should have sufficient evidence to handle any subsequent H & M claims that may come later.