UK's ban on heavy fuel oil (HFO) in Arctic Waters

Eda Zenic -

The UK Maritime and Coastguard Agency published a Maritime Guidance Note (MGN) 704, which outlines recent amendments to Annex I of the International Convention for the Prevention of Pollution from Ships (MARPOL), establishing a phased prohibition on the use and carriage of heavy fuel oil (HFO) in Arctic waters. This measure aims to protect the Arctic’s sensitive marine ecosystem from the risks associated with oil pollution.

The International Maritime Organization (IMO) adopted these amendments under Resolution MEPC.329(76). The changes extend existing prohibitions on the use and carriage of heavy-grade oils in Antarctic waters to include the Arctic region. The new regulation, known as Regulation 43A, focuses on reducing the risk of oil spills and pollution in the Arctic, where environmental conditions make cleanup operations extremely challenging. In the UK, these amendments are incorporated into national law through the Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 2024, which update the 2019 Regulations.

Heavy fuel oil is defined under Regulation 43.1.2 of MARPOL Annex I as any oil (excluding crude oils) with a density greater than 900 kg/m³ at 15°C or a kinematic viscosity exceeding 180 mm²/s at 50°C. This includes heavy-grade oils, tar, bitumen, and their emulsions.

The prohibition on the use and carriage of HFO in Arctic waters is introduced in two stages. The first stage, effective from 1st July 2024, applies to most vessels operating in Arctic waters. Certain exemptions are allowed based on vessel design, safety features, or operational roles, such as search and rescue or oil spill response. Waivers are also available for ships flagged by Arctic coastal states operating solely within their jurisdiction. The second stage, effective from 1st July 2029, sees the prohibition becoming universal, with all exemptions and waivers expiring, ensuring full compliance across all vessels.

Exemptions are granted to vessels engaged in critical activities like securing the safety of other ships, participating in search and rescue operations, or performing oil spill preparedness and response. Waivers are allowed for ships flying the flag of Arctic coastal states, provided their operations are confined to that state’s waters. However, as the UK is not an Arctic coastal state, it does not issue such waivers.

Operators must adapt their vessels and operations to ensure compliance. This might involve upgrading fuel systems, using alternative fuels, or adjusting operational practices. Non-compliance could lead to penalties or restrictions, especially after the 2029 deadline when all exemptions are phased out. Ships designed after 1st January 2017 and operating in polar waters may already meet the requirements due to existing standards for fuel tank separation and protection outlined in the Polar Code. Nevertheless, other vessels will need to switch to lighter, less polluting fuels to comply with the regulation.

The Arctic’s fragile ecosystem is highly susceptible to pollution, and the use of heavy fuel oils poses significant risks. These risks include long-lasting contamination, difficulties in cleanup, and harmful effects on wildlife and local communities. The new regulation supports global efforts to mitigate climate change and marine pollution, aligning with similar measures already in place for Antarctic waters. By 2029, the universal application of this prohibition will represent a significant step toward achieving sustainable shipping practices in one of the world’s most vulnerable regions.

All regulations can be found at legislation.gov.uk