IMO Sulphur Regulation and its Implementation Challenges A Critical Analysis

Abstract

IMO Sulphur Regulations or IMO2020 revised the earlier permissible sulphur limit of 3.5% m/m to 0.50% m/m. w.e.f, 1st January 2020. To ensure compliance with IMO2020, the shipping industries are moving away from High Sulphur Fuel Oil (HSFO) and using alternate fuels or employing the Exhaust Gas Cleaning System (EGCS) with HSFO, which removes excess sulphur from the exhaust of the ship. These compliance mechanisms present operational, legal, environmental, and economic challenges. newlineThe breakdown of the main engine, poor liner conditions, collapsed piston rings, extreme air raids, and consequential scuffing by Very Low Sulphur Fuel Oil (VLSFO) blends are major concerns. They also require special treatment due to low shelf life, high sensitivity, problems in the admissibility of onboard testing, the readiness of seafarers, and other compliance difficulties. The EGCS also creates specific issues as they require regular maintenance and repair. Further, the alternate fuel is expensive, and the installation and maintenance of EGCS can be even more costly, bringing economic challenges. newlineMARPOL, the parent convention behind the 2020 IMO Sulphur Regulation, creates legislative challenges for imposing sanctions and allocating responsibility. BIMCO and Intertenko have attempted to reduce the contractual complexities arising for time charterparty by providing suggestive clauses dividing compliance obligations between shipowner and charterer; nevertheless, voyage charterparty and bareboat charterparty remain unregulated. The researcher has recommended clauses of the voyage and bareboat charterparty and suggests provisions that mitigate the legal concerns. newlineThe IMO has set different limits for SECA and areas outside SECA. The EU has formulated stricter limits for its member states. The EU port and SECA areas have reduced SOx emissions vastly. The negative impact on the environment and human health in the EU and SECA has been improved. However, the improvement at the global level is limited. newline