HELSINKI and OSPAR COMMISSIONS HELCOM/OSPAR TG BALLAST 5-2014

Joint HELCOM/OSPAR Task Group on Ballast Water Management Convention Exemptions

Fifth Meeting

Madrid, Spain, 1-2 December 2014

Document title Information on ship-to-ship cargo transfers and bunkering operations in the Baltic

Sea region

Code 7-1

Agenda Item 7 - Any other business

Submission date

Submitted by HELCOM Secretariat

Reference Outcome of HELCOM MARITIME 14-2014, Paragraphs 8.6-8.8 and Annex 5

Background

HELCOM MARITIME 14-2014 (4-6 November 2014) considered the information on ship-to-ship cargo transfers and bunkering operations in the Baltic Sea region, gathered via a survey circulated after HELCOM MARITIME 13-2013 and submitted by Finland (Attachment 1).

MARITIME 14-2014 noted that Denmark has recently amended national legislation on Ship to Ship cargo transfers and bunkering operations.

MARITIME 14-2014 agreed to establish a Correspondence Group to revise HELCOM Recommendation 28/3 and drafted Terms of Reference for the work and agreed on the Terms of Reference as included in Annex 5 of the outcome (Attachment 2) and welcomed the offer by Finland to coordinate the work.

Action required

The Meeting is invited to take note of the updated information on ship-to-ship transfers in the Baltic Sea.

Baltic Marine Environment Protection Commission

Maritime Group Riga, Latvia, 4-6 November 2014

MARITIME 14-2014

Page 1 of 3

Document title Guidelines on bunkering operations and Ship to Ship cargo Transfer

Code 8-2

Category DEC

Agenda Item 8 - Detection, investigation and prosecution of offenders of anti-pollution regulations

Submission date 14.10.2014

Submitted by Finland

Reference

Background

In HELCOM MARITIME13 meeting Finland proposed that all kinds of STS operations and bunkering activities should be discussed and studied in the Baltic Sea area under the HELCOM umbrella, i.e. in both HELCOM MARITIME and RESPONSE groups (Maritime13/12/3). Furthermore, Finland proposed the revision of the Recommendation 28/3 “GUIDELINES ON BUNKERING OPERATIONS AND SHIP TO SHIP CARGO TRANSFER” to cover also the latest IMO regulations on the subject.

The HELCOM Recommendation 28/3 giving guidance on bunkering operations and ship-to-ship cargo transfer of oils, subject to Annex I of MARPOL 73/78, in the Baltic Sea Area dates back to 2008. After the adoption of the Recommendation, MARPOL Annex I, for example, has been amended by resolution MEPC.186(59) in 2009. Through the resolution a new chapter 8 regulating prevention of pollution during transfer of oil cargo between two oil tankers was added to MARPOL Annex I and consequential amendments were made to the Supplement to the IOPP Certificate, Form B.

Finland included in the document Maritime13/12/3 a questionnaire concerning STS activities and national regulations of the Contracting Parties. The intention was to gather information, whether STS operations are an emerging activity in the territorial waters and EEZ of the Contracting Parties, and whether the Contracting Parties have national regulations related to STS activities (such as limited areas nominated/ designated to STS operations in territorial waters, regulations on oil combatting preparedness) and if they have recorded oil spills as a consequence of STS operations.

The initiative was also introduced to HELCOM RESPONSE18 meeting in 2014.

The MARITIME13 meeting supported the revision of HELCOM Recommendation 28/3 and noted the sensitivity of STS operations, which should thus be considered carefully (paragraphs 12.2-12.3 of the Minutes of the Meeting). Also the HELCOM RESPONSE 18/2014 considered the initiative to be highly relevant to the HELCOM RESPONSE group.

Denmark, Finland, Germany, the Russian Federation and Sweden sent their answers to the questionnaire on time. In the light of the answers, which are presented in the summary table on the Annex I to this document, it seems that it would be valuable and valid to update the existing HELCOM Recommendation 28/3. Some Contracting Parties have already, and some are planning to revise their national legislation on the issue. Thus, this is due time to update the Recommendation as well.

Finland proposes to establish a correspondence group to perform the work. Finland also invites members of the RESPONSE Group to join the correspondence group.

Action required The MARITIME Group is invited to note the information provided and act as appropriate.

Attachment 1

MARITIME 14-2014, 8-2

Page 2 of 3

Annex 1 Summary table of the received answers

1. Recognized STS activities in territorial waters and/or EEZ

YES NO Oil: Heavy Fuel Oil Others: Calcium Carbonat

Slurry, Ethanol

Denmark X Crude oil from Feeders to UICC Tankers Chemicals

Finland X Yes, STS-operations of oil and also bunkering Coal and other solid cargoes.

Germany X Just bunkering operations in territorial waters, but only in ports and roads, are permitted and recognized so far.

For STS operations (excluding bunkering) in territorial waters and in EEZ a permission is needed. Due to the high

restrictions for STS cargo transfers conducted out of ports a permission will not be granted.

Russian

Federation

X Oil Fertilizers

Sweden X Not identified

2. National legislation related to STS operations

a) Designated/nominated areas for STS- operations in your country?

YES NO

Denmark Yes, for STS operations in territorial sea Denmark have some requirement

in addition to MARPOL Annex I chapter 8, the most important

requirements are: an approved STS coordinator, additional text requirement

of hoses, operation at anchor and use of tug boats when arriving and

departing, equipment for oil recovery in accordance with OCIMF SIRE

programme section 5.6.14, no icy conditions and in accordance with the

"Ship to Ship Transfer Guide (Petroleum) published by ICS and OCIMF

ICS.

Finland There are no designated areas in the Baltic Sea for STS cargo transfers so far.

However, the national legislation is under consideration.

Germany There are roads that are only designated for bunkering operations. They are

located near the Kiel Fjord or near the coast.

There are not any designated areas in the Baltic Sea for STS cargo transfers.

Russian

Federation

Yes, within the boundaries of the seaport of the Saint-Petersburg

Sweden X

Attachment 1

MARITIME 14-2014, 8-2

Page 3 of 3

b) Request for capacity to oil spill combatting during STS operation

If YES, could you please indicate actions requested NO

Denmark Yes, Equipment for collecting up minor oil leaks in the ship as laid down in

OCIMF's Ship Inspection Report (SIRE) Programme section 5, subsection

6.14 shall be present and ready for use on both ships.

Finland Not so far; However, the national legislation is under consideration.

Germany No, however, for bunkering operations only the commonly known safety aspects

to avoid oil spills are required.

Russian

Federation

Yes,

a. License for cargo activities relating dangerous goods;

b. Oil Spill Contingency Plan;

c. Treaty with the professional emergency-response organization

Sweden X

3. Additional information you would like to share (e.g. followed industry guidelines for STS operations in your country)

Denmark The Danish regulation on STS operations in the Danish territorial waters are under revision and will be amended to include STS operations with liquid

chemicals, liquefied gas and LNG. The revised regulations are expected to enter into force in the autumn 2014.

Ship to Ship Transfer Guide and Ship to Ship Service Provider Management.

Finland The national legislation on STS operations is under consideration.

Germany No

Russian

Federation

No

Sweden When working on the revision of Recommendation 28/3, Sweden would like to emphasize the following: Regarding bunkering, it is important to address

bunkering of alternative fuels (i.e. LNG). Regarding STS, Sweden would like to include lightering of other substances than oil in the work of revision. It is also

of great importance to recognize that different substances might require different recommendations.

Attachment 1

OUTCOME OF MARITIME 14-2014, ANNEX 5

Page 1 of 1

TERMS OF REFERENCE FOR THE CORRESPONDENCE GROUP ON SHIP-TO-SHIP AND BUNKERING TRANSFER OPERATIONS

The Correspondence Group should

1) Taking into account amendments by resolution MEPC.186(59) to MARPOL Annex I, i.e. a new chapter 8 regulating prevention of pollution during transfer of oil cargo between two oil tankers and consequential amendments to the Supplement to the IOPP Certificate, Form B, wherein it is indicated that ship has a ship-to-ship (STS) operations plan;

a. taking also into account the results from the questionnaire Finland made and reported to MARITIME 14-2014 in document 8-2 concerning the STS activities in the territorial waters and EEZ of the Contracting Parties and their national regulations;

b. further taking into account the revised and merged industry guidance on ship-to-ship transfer operations, i.e. Ship To Ship Transfer Guide for Petroleum, Chemicals and Liquefied Gases prepared by the Chemical Distribution Institute, the International Chamber of Shipping, the Oil Companies International Maritime Forum and the Society of International Gas Tanker and Terminal Operators;

c. additionally taking into account that bunkering operations and STS operations by the shipping industry and by (several) signatories to the HELCOM are considered as separate operations with quite differing characteristics, for which reason they should be handled in two separate sections in the revised HELCOM Recommendation 28/3: Section A for STS and Section B for bunkering;

d. consider if bunkering of alternative fuels such as LNG and biofuels as well as ship to ship transfer of chemical substances should be included in the revised HELCOM Recommendation 28/3, and if decided not to be included, recommend an appropriate way forward regarding these fuel types and substances;

e. revise HELCOM Recommendation 28/3 on bunkering operations and ship-to-ship cargo transfer of oils in the Baltic Sea Area;

2) Submit the report to MARITIME 15-2015.

Attachment 2