South Africa does not have legislation in place to enforce the pending International Maritime Organisation (IMO) 2020 sulphur cap on marine fuel that will come into effect on January 1. Although the South African Maritime Safety Authority (SAMSA) confirmed earlier this year that it would accept the use of all types of approved exhaust gas cleaning systems (EGCS), better known as scrubbers, it now seems that even this is still up in the air. Speaking to FTW on the sidelines of the 4th African International Bunker Industry Association conference in Cape Town, Dumisani Ntuli, acting deputy director general Maritime Transport in the Department of Transport (DoT), said the announcement by SAMSA might have been premature as South Africa might very well not allow scrubbers. Earlier he told delegates attending the conference that South Africa shared the view of many other countries that specifically open loop systems should be banned. “Our view is that scrubbers of any type whatsoever will not be good for the marine environment, which is why there’s an understanding that we need to consider scrubbers with great caution.” Ships fitted with scrubbers can continue to burn highsulphur bunker fuel come 2020. Sobantu Tilayi, SAMSA CEO, confirmed that South Africa had no legislation in place to deal with the IMO’s 2020 global 0,50% sulphur limit. “If we don’t have the legislation in place by the end of this year it will be a problem,” he said. “We are engaging with the DoT and we will communicate with industry as soon as we have clarity on the legal position.” Tilayi conceded that the country had left the matter very late. “Why it has been left until this late is another issue, but the fact of the matter is we are working on this. Also, it is not a complicated piece of legislation and we think we have the time to get it in place before the end of December this year.” SAMSA has repeatedly stated that, despite not having legislation to enforce the sulphur cap, it would make sure that vessels entering its waters complied with the IMO limit. How exactly it will do this is not known. Ntuli said: “South Africa is in its entirety party to Marpol (the International Convention for the Prevention of Pollution from Ships).” “With global commencement of these regulations on 1 January 2020, the question that’s being asked is: Are we going to be ready? Ships entering our waters on the due date when the cap comes into play will know very well that they are expected to be fully compliant. “All parties will be expected to ensure enforcement of the provisions of chapter 4 of Marpol Annex VI without excuse whatsoever, and South Africa will be ready, willing and able to, without fear, favour or constraint, discharge its obligation.” Asked if this meant that ships fitted with scrubbers and not complying with Marpol water pollution restrictions would be detained, SAMSA acting deputy chief of operations, Captain Saroor Ali, said without legislation the country did not have the right to detain or fine vessels. However, at the same time he said noncomplying vessels would not be allowed to leave South African ports until such time as they had rectified their non-compliance to the sulphur cap.
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With global commencement of these regulations on 1 January 2020, the question that’s being asked is: Are we going to be ready? – Dumisani Ntuli
