Action in case of equipment failure

The limits laid down for sulfur content shall not apply to the use of liquid fuels on board a ship where this is necessary because of damage to it or to its equipment, provided that:

• in the event of damage, all reasonable measures have been taken to avoid or reduce additional emissions;
• measures have been taken to repair the damage as soon as possible.

This provision shall not apply if the owner or the master of the ship acted with intent to cause damage or recklessly.
In the event of failure of the scrubber equipment installed on board in accordance with the above provisions, when the ship is required to continue the voyage in excess of the permitted SOx concentrations, the master and the ship owner shall:

• inform the Administration about the incident (equipment failure), indicating its time and place;
• Take steps to rectify the fault without undue delay;
• After the repair plan has been agreed, provide additional information to the Administration of the flag State by submitting an initial report indicating the estimated time for completion of the repair;
• re-inform the Administration of the flag State when the repair is completed;
• All the above actions must be recorded in the logbook;
• Copies of this correspondence may be provided to any authority entitled to request such documentation.