TECHNICAL AND REGULATORY NEWS No.
16/2019 – STATUTORY
FUEL OIL NON-AVAILABILITY REPORT
(FONAR) – WHAT YOU NEED TO KNOW
Relevant for ship owners and managers as well as flag states.
October 2019
With 1 January 2020 fast approaching, and with the uncertainty on compliant fuel oil availability world-
wide, having a plan for dealing with a scenario of fuel oil non-availability can prove valuable. This
statutory news contains some key aspects on what to consider and access to a FONAR template.
Regulation 18.2 of MARPOL Annex VI describes what to do in
case a ship is not able to get the required fuel as per MARPOL.
This includes:
ƒƒ Notify your flag state and the port authority at the next port
of call
ƒƒ Provide a description of actions taken to attempt to achieve
compliance
ƒƒ Provide evidence that you attempted to purchase compliant
fuel oil in accordance with the ship’s 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
The FONAR (Fuel Oil Non-Availability Report) form was later
developed by the IMO and is meant to capture the informa-
tion above. The ship should not be required to deviate from
its intended voyage or to delay unduly the voyage in order to
achieve compliance.
It’s important to note, however, that filing a FONAR is not a
carte blanche for using non-compliant fuel nor an exemption
from using compliant fuel. It is still the port authorities in the
port of destination, taking into consideration the FONAR and
the evidence submitted, which will scrutinize the information
provided and make the final decision, eventually deciding if
any penalty is to be imposed.
Even if a FONAR is accepted, the disadvantages and hassle
following a FONAR situation may in many cases outweigh
possible benefits from using cheaper non-compliant fuel. For
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instance, with the carriage ban for fuel exceeding 0.50% sulphur
taking effect on 1 March 2020, the handling of any excess
non-compliant fuel after a FONAR situation will be subject to
the discretion of the PSC in cooperation with the flag and ship
(MEPC.1/Circ.881). In worst case, this could mean de-bunkering
the ship, followed by tank cleaning, which can prove very costly
and time-consuming.
The evidence provided with the FONAR that compliant fuel
was not available will be essential. This will be documentation,
statements and correspondence showing that all possibilities
have been considered to obtain compliant fuel, including taking
into account the voyage plan and all relevant fuel oil suppliers
at hand. In case non-compliant fuel has been bunkered due to
fuel oil quality concerns and with respect to potential safety
and operational problems, such concerns need to be thoroughly
documented, possibly supported by equipment or the engine
manufacturer’s recommendations.
Recommendations
As soon as it becomes evident that compliant fuel will not be
available for the next voyage, it is important to notify the next
port of call and the flag administration directly (and not to class)
without any delay about the situation and circumstances by
submitting a FONAR. The FONAR shall provide the necessary
evidence and justification for bunkering non-compliant fuel.
References
ƒƒ Global Sulphur Cap 2020 web page
ƒƒ FONAR template
ƒƒ MEPC.1/Circ.881– Guidance for port state control on
contingency measures for addressing non-compliant fuel
ƒƒ MEPC.320(74) – Guidance for consistent implementation
of the 0.50% sulphur limit under MARPOL ANNEX VI
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