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Saturday, September 22, 2018

THE 1% RULE IN GERMAN PORTS

Reference is made to Item 5 of Ports and Terminals No. 02/2000 on the above issue.Despite our double-checking the accuracy of incoming information, we have received comments from one of our members who questioned whether some misunderstanding might still have occurred in the contents of the article.

We wish to thank our member for his alertness and have now managed to secure the correct story from The Bundesamt für Seeschiffahrt und Hydrographie (BSH, Federal Maritime and Hydrographic Agency) in Hamburg.

Under German law, violations of the duty to keep the Oil Record Book properly and to record operations in accordance with Appendix III of Annex 1 of MARPOL, constitute administrative offences. The BSH may impose administrative fines up to DM 50,000 for missing or incomplete entries in the Oil Record Book. Foreign nationals involved in such proceedings and having no residence in Germany may be required to pay a security deposit in the amount of the administrative fine likely to be imposed. Legal remedies against imposition of a fine by the BSH are available to the persons held liable, and they may apply for a judicial review of the case by the competent court.

The quantities of oil residues (sludge) generated by machinery space operations and required to be recorded in the Oil Record Book (ref Part. I, Code “C”) are computed on the basis of the so-called 1% rule. According to this rule, at least 1% sludge in relation to the fuel oil consumption is produced on board vessels using heavy fuel oil as bunker. Thus treatment and disposal of this amount has to be recorded in the Oil Record Book. Court rulings regarding the 1% rule are based on comprehensive studies on the sludge quantities produced by sea-going vessels.

If, in individual cases, vessels have novel technical equipment for sludge treatment that may allow a reduction of sludge below 1%, this is duly considered.

The 1% rule does not apply to bilge water and cargo residues. We apologise to our readers for any confusion caused. For further information: mailto:gunnar.knudsen@intertanko.com