Increasing global temperatures have caused the continuing retreat of Arctic sea ice, and with the development of shipping and ice-breaking technology, merchant ships began to explore Arctic shipping routes. To protect the environment of the Arctic, IMO’s Sub-Committee on Pollution Prevention and Response (PPR) agreed at its seventh session in London in February 2020 on a draft amendment to MARPOL Annex I to introduce a prohibition on the use and carriage of heavy fuel oil (HFO) by ships in Arctic waters on and after 1 July 2024. The draft was subsequently adopted at MEPC 76 in June 2021, but with some optional waivers until 2029. The move was criticized by some environmental organizations who have expressed their concerns about shipping regulation and called on cleaner practices from the shipping industry to mitigate climate impacts and protect the fragile Arctic environment.

I. HFO hazards to the Arctic

HFO is a residual left over from petroleum refining, usually of low quality and viscosity, which makes it unsuitable for use by other means of transportation, such as aviation and roadways, and is generally used as a marine fuel. It is favoured by the shipping industry because it is inexpensive and widely available. However, HFO is extremely viscous and produces polycyclic aromatic hydrocarbons and heavy metals. The substances break down slowly in the marine environment, particularly in colder regions like the Arctic, and persist in the marine sediments for decades and continue to release toxins into the environment, affecting the entire food chain. The emissions would also accelerate snow and ice melt, and promote environment change and climate warming.

The Arctic communities, especially indigenous people in the Arctic region depend on marine resources as a primary source for their cultural and economic activities and to support their limited commercial fishing and hunting. An HFO spill in the Arctic would have devastating consequences on food security and the continuity of cultural exchange within these communities. Marine wildlife, including marine mammals, seabirds and fishes can also be threatened.

In Arctic conditions with the sea ice coverage and lack of infrastructure, conventional booms and skimmers, which are typically used for containing and retrieving oil spills, are rendered ineffective. HFO is hence nearly impossible to clean up, often spreading over a larger area before containment can be achieved due to the natural difficulties and inaccessibility posed by the Arctic.

II. Resolution MEPC.329(76)

Resolution MEPC.329(76), as amendments to MARPOL Annex I (Prohibition on the use and carriage for use as fuel of heavy fuel oil by ships in Arctic waters), provides a new regulation 43A in chapter 9 as follows:

1. With the exception of ships engaged in securing the safety of ships or in search and rescue operations, and ships dedicated to oil spill preparedness and response, the use and carriage of oils listed in regulation 43.1.2 of this Annex as fuel by ships shall be prohibited in Arctic waters, as defined in regulation 46.2 of this Annex, on or after 1 July 2024.

The ban covers fuel oils having a density at 15°C higher than 900 kg/m3 or a kinematic viscosity at 50°C higher than 180 mm2/s.

2. Notwithstanding the provisions of paragraph 1 of this regulation, for ships to which regulation 12A of this Annex or regulation 1.2.1 of chapter 1 of part II-A of the Polar Code applies, the use and carriage of oils listed in regulation 43.1.2 of this Annex as fuel by those ships shall be prohibited in Arctic waters, as defined in regulation 46.2 of this Annex, on or after 1 July 2029.
3. When prior operations have included the use and carriage of oils listed in regulation 43.1.2 of this Annex as fuel, the cleaning or flushing of tanks or pipelines is not required.
4. Notwithstanding the provisions of paragraphs 1 and 2 of this regulation, the Administration of a Party to the present Convention the coastline of which borders on Arctic waters may temporarily waive the requirements of paragraph 1 of this regulation for ships flying the flag of that Party while operating in waters subject to the sovereignty or jurisdiction of that Party, taking into account the guidelines to be developed by the Organization. No waivers issued under this paragraph shall apply on or after 1 July 2029.
5. The Administration of a Party to the present Convention which allows application of paragraph 4 of this regulation shall communicate to the Organization for circulation to the Parties particulars of the waiver thereof, for their information and appropriate action, if any.

Arctic waters means those waters which are located north of a line from the latitude 58°00'.0 N and longitude 042°00'.0 W to latitude 64°37'.0 N, longitude 035°27'.0 W and thence by a rhumb line to latitude 67°03'.9 N, longitude 026°33'.4 W and thence by a rhumb line to the latitude 70°49'.56 N and longitude 008°59'61 W (SØrkapp, Jan Mayen) and by the southern shore of Jan Mayen to 73°31'.6 N and 019°01'.0 E by the lsland of BjØrnØya, and thence by a great circle Iine to the latitude 68°38'.29 N and longitude 043°23'.08 E (Cap Kanin Nos) and hence by the northern shore of the Asian Continent eastward to the Bering Strait and thence from the Bering Strait westward to latitude 60°N as far as Il'pyrskiy and following the 60th North parallel eastward as far as and including Etolin Strait and thence by the northern shore of the North American continent as far south as latitude 60°N and thence eastward along parallel of latitude 60°N, to longitude 056°37'.1 W and thence to the latitude 58°00'.0 N, longitude 042°00'.0 W.

III. Concerns from environmental organizations

Many environmental organizations have expressed concerns about the IMO’s proposed Arctic HFO ban, especially with the exemptions and waivers included in the ban. Research undertaken by the International Council on Clean Transportation (ICCT) shows that the ban would potentially limit only 30% of HFO carriage and 16% of HFO use. There is still a high risk of spill in the fragile ecosystem in the region.

The NGO Clean Arctic Alliance (CAA) worries also that black carbon would influence the Arctic climate, as when black carbon is deposited on Arctic snow and ice, it reduces the amount of sunlight reflected back into space. This process results in the retention of heat and ultimately contributes to accelerated melting of Arctic snow and ice. Before the ban becomes fully effective in 2029, the amount of HFO used and carried in the Arctic is likely to increase and it will allow 74% of Arctic shipping to continue with business as usual.

To mitigate these risks, the World Wildlife Fund (WWF) calls on Arctic states and the marine industries to close the loopholes in the HFO ban, stop granting waivers to domestic vessels and implement measures including establishment of ECAs and use of cleaner fuels. While the upcoming HFO Ban is a step in the right direction, the effectiveness of the legislation remains uncertain with its implementation also being a challenge.

IV. Advice on Arctic navigation

The Arctic shipping route is the shortest route connecting the three major economic circles of Northeast Asia, Europe and North America, and it is also the shortest route between the eastern and western hemispheres. While using this route for commercial navigation, it is the responsibility of ship operators to protect the Arctic ecological environment by following international conventions and applicable laws of the Arctic states. This not only requires ship owners to ensure that the ships put into the Arctic waters are in a good condition in terms of structure, equipment and management, but also requires the ships to make detailed and reliable sailing plans and be equipped with experienced captains and crews. The ship will not only be subject to administrative penalties in the event of an accident but may also suffer total loss or be caught in major pollutions. Due to the high level of safety concerns in Arctic waters, shipowners may also suffer both reputational and operational losses.

For more information, please contact Managers of the Association.