Seeking clarification - VLSFO Bunker Off-Spec on Sulphur
(BDN 0.49%, Lab Analysis Result 0.51%):
Charterers argument: Subject bunker is ON-SPEC - because
1, As per BDN Sulphur is 0.49%, (MARPOL VI, Reg 18.5)
2, Up to 0.53% is acceptable due to ISO reproducibility / repeatability (ISO 8217:2017, Clause 8)
3, Up to 0.53% sulphur is acceptable as per MEPC 882.
Owners counter: Subject bunker is OFF-SPEC - because
1, ISO repeatability/reproducibility is not applicable in relation to statutory requirements. MARPOL Annex VI clearly states that the maximum acceptable sulphur content is 0.50%. There is no exception to this.
2, MEPC 882, Table 2 accepts a test margin value up to 0.53% sulphur, however, that is for in-line / onboard samples. In-line / onboard samples are not representative / primary samples.
3, Similar type of issues was referred to a reputed flag state before. Their position was,
as per BDN (i.e.: 0.49% S) the bunker is on-spec.
the company should not consume the bunker until tested compliant.
the company should approach the bunker supplier to resolve discrepancy.
such issue should be notified to the port state and the supplier saying the VLSFO is NON-COMPLIANT.