AIR POLLUTION AND ENERGY EFFICIENCY. Enhanced implementation of regulation 18 of MARPOL Annex VI: proposed plan for data collection and analysis

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1 E MARINE ENVIRONMENT PROTECTION COMMITTEE 74th session Agenda item 5 8 March 2019 Original: ENGLISH AIR POLLUTION AND ENERGY EFFICIENCY Enhanced implementation of regulation 18 of MARPOL Annex VI: proposed plan for data collection and analysis Submitted by Bahamas, Canada, India, Japan, Liberia, Marshall Islands, Panama, United States, BIMCO, ICS, INTERCARGO and INTERTANKO SUMMARY Executive summary: Strategic direction, if applicable: In response to the invitation by MEPC 73, this document contains a fully developed proposal for a data collection and analysis plan through recommended enhancements to the IMO Global Integrated Shipping Information System (GISIS) database and establishment of a strategy for data analysis 1 Output: 1.17 Action to be taken: Paragraph 22 Related documents: MEPC 73/5, MEPC 73/5/14, MEPC 73/19; MSC 100/8/1 and MSC 100/WP.1/Add.1 Background 1 At its seventy-third session, the Committee considered the report of the Intersessional Meeting on Consistent Implementation of regulation of MARPOL Annex VI (ISWG-AP 1) related to the safety implications associated with the use of low-sulphur fuel oil (MEPC 73/5, paragraphs 16 to 23). Additionally, document MEPC 73/5/14 (Bahamas et al.) provided information on challenges that the industry faces with the transition to 0.50% m/m sulphur fuel oil and proposed to establish an experience-building phase associated with the worldwide availability of safe compliant fuel oil. 2 Based on the ensuing discussion (MEPC 73/19, paragraphs 5.30 to 5.32), the Committee invited further concrete proposals to MEPC 74 on how to enhance the implementation of regulation 18 of MARPOL Annex VI, in particular on fuel oil quality and

2 Page 2 reporting of non-availability of compliant fuel oils, including the enhancement of the GISIS MARPOL Annex VI module to support data collection and analysis. 3 MSC 100 considered MSC 100/8/1 (Liberia et al.) which, inter alia, proposed that GISIS should be improved to provide greater granularity in fuel quality and safety reports which are uploaded onto the system by creating a new GISIS module for fuel oil safety matters. Following discussion on this topic, MSC 100 supported the enhancement of GISIS to provide greater granularity in fuel safety reports and invited MEPC 74 to advise MSC 101 on improvements to GISIS in this regard, e.g. update of existing GISIS modules or creation of a new module (MSC 100/WP.1/Add.1 paragraphs 8.16 to 8.18). 4 Based on the above-mentioned decisions taken by MEPC and MSC, the co-sponsors collaborated informally to prepare a fully developed proposal for a data collection and analysis plan (hereafter, the Plan) based on the structure provided in the annex to document MEPC 73/5/14. However, the proposed Plan is now clearly focused on the provisions of regulation 18 of MARPOL Annex VI and the collection of data relating to fuel oil quality and non-availability of compliant fuel oils. It is proposed to analyse this data in order to promote greater understanding of the effectiveness of implementation and consistent enforcement of regulations 14 and 18 of MARPOL Annex VI and in particular regulation in light of emerging projections about volatility across fuel markets once implementation commences. 5 Discussions during the collaborative process were intended to identify the preferred approach for the Plan. Different options were reviewed: expanding the existing MARPOL Annex VI reporting module or developing a new stand-alone module, exploring ways to enhance the GISIS database and improve the reporting process, and identification of a strategy for data analysis that would best achieve the goals of the measure. Data collection and GISIS database enhancements 6 Firstly, it was agreed that the existing structure of the MARPOL Annex VI module of the GISIS database could be maintained, with its three sections related to regulations 18.1, and This would save time, as it is important that Administrations and ships begin to strictly fulfil their reporting obligations under regulation 18 of MARPOL Annex VI. Establishing a body of relevant data related to fuel oil quality and locations of compliant fuel oil is of value in enhancing the effectiveness of regulation 18 of MARPOL Annex VI. 7 To enhance the GISIS module, improvement of the interface functionality of the module itself is key. Pull-down menus, cascading pick lists and tick-boxes with pop-up instructions can provide for user-friendliness and consistency of data, which is critical for analysis. The module could be reorganized into two distinct sections for "Fuel Oil Availability" and "Fuel Oil Quality" reports and information, separate from the other reporting sections under the MARPOL Annex VI module. It was also suggested that a "dashboard" summary of critical data fields and search/report functions could ease accessibility of information within a port or geographical area, but the Group later agreed that the format for the report would sufficiently satisfy this need. 8 A greater level of detail in the reported data is also considered essential. Today, the GISIS database structure only allows for submission of data in a general way. It complicates the interface and limits the degree of analysis that can be carried out to identify trends and regional "hot-spots" where implementation of requirements and availability are problematic. Consequently, the co-sponsors identified several recommendations to enhance the scope of information to be reported in sections 18.1, and of the MARPOL Annex VI module.

3 Page 3 9 For the section on regulation 18.1 "Fuel oil availability", it was noted that information as currently displayed is difficult to analyse, particularly due to a lack of date of entry. It is suggested to add a field for that purpose. Adding non-mandatory fields to include links and contact information for listed suppliers, and also to enable correlation between ports/terminals reporting availability and reports of fuel oil non-availability would enhance usability. Reporting under regulation 18.1 is already mandatory, but as of the drafting of this document only four Parties have made reports under this module. Recognizing the impracticality of its current format, the Group recommended editing this module so that a Party can easily update multiple ports within their jurisdiction with a single entry, while maintaining the information for display on an individual port basis. 10 For the section on regulation "Evidence of non-availability of compliant fuel oil", it was noted that information considered critical for analysis (i.e. notification date) could be set as mandatory (entry cannot be saved unless this information is entered). It was also noted that many entries contain attachments and the information therein may be important. One solution could be to expand and change the data fields in this section to coincide with information submitted in the standardized Fuel Oil Non-Availability Report (FONAR), as agreed by PPR 6 subject to approval by the Committee. Similar to the Port Reception Facility module, a notification to the Contact Point should be set up so that the flag State has a means of notification, an opportunity to investigate and an opportunity to respond to FONARs. 11 Since some of the information contained in the FONAR may not be expressly required by regulation , the possibility to broaden the scope of the notifications required under MARPOL Annex VI was reviewed. It should be noted that any information beyond the scope of MARPOL Annex VI can only be provided on a voluntary basis. If fields were added in the GISIS module to collect "non-mandatory" information, it should be clearly marked as a voluntary entry. However, if such information has utility for subsequent analysis, its reporting should be considered and encouraged. 12 Lastly, for the section on regulation "Failure of fuel oil suppliers to meet the requirements specified in regulation 14 or 18 of MARPOL Annex VI", an opportunity for improvement was noted. Today, users are required to manually enter under which regulation (14 or 18) the non-compliance was identified. This leads to user errors and duplication of entries between the three sections of the GISIS module. The section could be improved by using cascading pick-lists showing only regulations relevant to non-compliance notifications. For the purpose of an analysis focused on fuel oil quality issues, expanded fields and tick-boxes could help to capture specific information on fuel oil quality parameters identified as off specification and to report on any adverse effects to the ship, machinery damage, technical/operational problems, etc. Additional fields could also be provided for voluntary reporting of other information, such as follow-up actions (regulation ) or near-misses, and clearly marked as voluntary. 13 With the intention to collect and produce a comprehensive data set for analysis, the co-sponsors reviewed the possibility to extend reporting rights to entities other than Parties to MARPOL Annex VI. For example, third-party organizations, such as fuel testing services, could provide detailed statistical information on sample analysis results and fuel oil quality parameters. The co-sponsors concluded that reporting should be limited only to Member States due to legal considerations and the need to preserve the integrity of the reported data, as the IMO Secretariat is not expected to validate the reported data prior to analysis. However, owing to benefits for analysis purposes, the co-sponsors consider it appropriate for Member States to collaborate with third-party entities as appropriate, should the GISIS module be enhanced to enable submitting such voluntary notifications.

4 Page 4 Data analysis and reporting 14 The second part of the proposed Plan consists of providing an analysis of the collected data to the Committee for its review. The analysis report would be provided on a periodic (annual) basis with the key objective of giving "visibility" to the data collected. This will assist the Committee in gauging the effective implementation of regulations 14 and 18 of MARPOL Annex VI, inform industry stakeholders, and also support Parties in considering actions to take with regard to enforcement obligations. 15 It is proposed that the IMO Secretariat could generate basic statistical results or reports based on the data collected in the GISIS module. Other modules of the GISIS database (such as the port State control module for instance relative to regulation ) could also be analysed to see if relevant associated information can be extracted and used. 16 The analysis report should provide information on three key areas:.1 fuel oil availability and non-availability;.2 non-compliance with sulphur limits under regulation 14; and.3 fuel oil quality issues and resulting technical/operational challenges. 17 The analysis report could have a format similar to that used for summary reports on Alleged Inadequate Reception Facilities or the mandatory reporting system under MARPOL Annex I (i.e. MEPC.1/Circ.874). It is highly recommended to present the results of the analysis on both a regional and a global basis. Regional results will help to identify "hotspot" areas in terms of non-availability or, conversely, abundant compliant fuels. The analysis could also be used to help resolve discrepancies with ports reporting availability while also identified in non-availability reports. 18 With such a structured report, the results of the analysis could then be promulgated as an MEPC circular. Future and more widespread reporting could be encouraged by including a status of reporting by Member States, which would also improve transparency of information. Proposal 19 In order to support an effective and smooth implementation of the 0.50% m/m global fuel oil sulphur limit, and to take feasible steps within the Organization's remit to harmonize the impact of this sulphur limit across the sectors projected to be affected, the co-sponsors request the Committee to agree to establish a data collection and analysis Plan. The Plan would focus on enhancing the existing MARPOL Annex VI module in GISIS, expand existing data collection provisions to non-parties to MARPOL Annex VI, and carry out periodic analysis of the data collected. An outline of the Plan is provided in the annex to this document. 20 While data collection enhancements would remain in place indefinitely, the data may be analysed on a periodic basis until 2023 when the Committee may decide to amend or cease the process as deemed appropriate. To make a clear assessment on the implementation of the 0.50% m/m global fuel oil sulphur limit during the first critical year after 1 January 2020, it is recommended that reports of the data analysis are submitted to MEPC 75, MEPC 76 and annually thereafter.

5 Page 5 21 Lastly, taking into account the outcome of MSC 100 on "development of measures to enhance safety of ships relating to the use of fuel oil", consideration should also be given to providing the data collected for the purpose of the effective implementation of regulation 18 of MARPOL Annex VI to MSC as well in order to aid the work of MSC on this new output. Action requested of the Committee 22 The Committee is invited to consider the proposal set out in paragraphs 18 to 20 and in the annex to the document and take action as appropriate. ***

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7 Annex, page1 ANNEX OUTLINE OF PROPOSED DATA COLLECTION AND ANALYSIS PLAN Data Collection 1 Enhancements to the existing MARPOL Annex VI module of the GISIS database should be introduced by:.a agreeing on user-friendly interface improvements; and.b creating distinct sections for "Fuel Oil Availability" (18.1 and ) and "Fuel Oil Quality" (18.9.6):.i for regulation 18.1 (fuel oil availability):.1 add field for "date of entry", add field for supplier URL and contact information;.2 add search functionality, users should be able to filter results based on the name of port and the type of compliant fuel;.3 remove the redundant fields for fuels not exceeding 4.50%, 3.50% and 1.00%, this could be replaced by a single field for greater than 0.50% fuels for the benefit of ships fitted with exhaust gas cleaning systems; and.4 enhance reporting functions to allow Parties to enter data on multiple ports/terminals with a single entry, while maintaining the information for display on an individual port basis; and.ii for regulation (evidence of non-availability):.1 expand data fields to harmonize with the standard FONAR (to be finalized by PPR 6); and.iii for regulation (non-compliance with regulation 14 or 18):.1 lock regulation identification to relevant requirements using cascading pick-lists, delete option to cite non-availability in this section (18.2.5), expand using tick-boxes to specify fuel oil quality parameters (including the flash point requirements of SOLAS chapter II-2), add voluntary fields for reporting adverse effects / damage, lab reports and follow-up actions (18.9.4). 2 An MEPC circular should be issued to urge immediate reporting by all Member States (including non-parties) and to encourage cooperation between Member States and other organizations to facilitate input of voluntary data.

8 Annex, page 2 Data analysis 3 An analysis report should be produced to ensure that the collected data yields timely information and useful insight into the implementation of regulations 14 and 18 of MARPOL Annex VI. The analysis report should be considered by the MEPC on a periodic basis and contain statistical information on:.1 fuel oil availability and on non-availability reports;.2 non-compliance with sulphur limits under regulation 14; and.3 fuel oil quality issues and resulting technical/operational challenges. 4 The analysis of statistical information should include results on a regional and global basis. 5 The analysis report should be published as an MEPC circular, along with a listing of the status of reporting by Member States, using a similar standard format for the mandatory reporting system under MARPOL (i.e., MEPC.1/Circ.874). The analysis report should include as a minimum:.1 #/% of parties reporting availability;.2 #/% of non-parties reporting availability;.3 # of reports of non-availability, broken down by location (region/port), type of fuel oil and date;.4 # of reports on sulphur non-compliance, broken down by location (region/port), type of fuel oil and date;.5 # of reports of poor quality, broken down by location (region/port), type of fuel oil, affected quality parameter(s) and date; and.6 report on damage to ships caused by poor fuel oil quality. It is proposed that for the first year after 1 January 2020, two summary reports are produced data up to the first quarter of 2020 reported to MEPC 75, and up to the third quarter of 2020 reported to MEPC 76. Thereafter, an annual data analysis report would be produced.