If you supply fuel oil for propulsion to seagoing vessels, you must ensure that bunker operators comply with the bunkering procedure outlined below. The Human Environment and Transport Inspectorate (ILT) oversees compliance and enforces correct bunkering in the Netherlands.
ILT inspections of supplied fuel oil
The ILT carries out inspections to verify that the fuel oil supplied complies with:
- The sulphur content requirements under MARPOL VI/14.
- The quality requirements under MARPOL VI/18.3.
- The flash point requirements under SOLAS II-2/4.
Report non-compliance to the ILT
In cases of non-compliance with the legal requirements, any party involved must immediately inform the ILT by emailing brandstoffen-luchtkwaliteit@ilent.nl. The ship master or chief engineer must inform the ILT by sending a Letter of Protest (LoP). The ILT will use this information to improve oversight, and may decide to be present during bunkering or take other measures.
Providing a Safety Data Sheet for bunkering
Before bunkering, you must provide the person in charge on board the seagoing vessel with a Safety Data Sheet (SDS, in Dutch) for each type of fuel.
Fuel oil sampling during bunkering
You must have a representative sample of the fuel oil taken during bunkering. This enables checking that all supplied fuel oil meets the specifications in the bunker delivery note (BDN), in accordance with legal requirements. Please note the following:
Sampling requires the joint presence of:
- Your (the supplier’s) representative.
- A representative of the receiving vessel. This can be the ship master or chief engineer.
Both parties must check the sampling procedure and, if needed, ask for changes. This includes details such as flushing the sampling device, adjusting the sampling rate, or marking the containers.
Both parties may appoint a surveyor. This is good practice but not required. If appointed, the surveyor or surveyors must be present during sampling.
The ILT will not allow you to deviate from the sampling requirements only because you think it is unsafe to board the receiving vessel. You may only deviate from the requirements in a few specific situations.
Exceptions requiring notification and evidence
- Your representative is not allowed to board the receiving vessel.
- It is not possible to carry out the sampling on board the receiving vessel as required.
In these cases, you must immediately inform the ILT and include a signed statement from the receiving vessel as proof. This statement must include:
- The reason why the legal sampling procedure cannot be followed.
- The signatures of the representatives of the seagoing vessel and the supplier. This shows that both parties are aware of the legal requirements.
This statement allows the ILT to decide whether to attend the sampling. However, ILT attendance is not required.
You must have the primary sample collected at the bunker inlet manifold on board the receiving vessel. This sampling point must allow for inspection and cleaning before and during bunkering.
Samples taken for any reason at other points, including on board the bunker barge, do not meet the legal requirements for representative samples. These samples must not be marked as representative on the BDN.
Sampling and gauging the cargo on bunker barges are subject to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN). The regulations will change from 1 January 2027, and the ILT is preparing for this. Read more about the changing regulations for dangerous goods transport by inland waterways (in Dutch).
The sampling equipment at the sampling point must either be pre-installed, or be part of a flange that is inserted between the inlet and the hose flanges. If there is no sampling equipment on board the receiving vessel, you, as the supplier, must provide it. The sampling equipment must be in place, clean and ready for use before bunkering starts.
The sampling equipment must have a tube across the full width of the pipe, with openings facing the flow direction (as pictured in ISO 13739, informative Annex M), using 1 of the following devices:
- Manual valve-setting continuous-drip sampler. It is recommended to use a needle valve to keep a steady drip flow.
- A sampler that automatically takes continuous samples at a fixed rate per unit of time.
- A sampler that automatically takes continuous samples at a fixed, small fraction of each delivery.
You must have the primary sample collected:
- Over the full course of the bunkering process.
- In a large single container, large enough to hold all the required sub-samples. For 4 sub-samples, use a 5-litre cubitainer. If you need more sub-samples, use a 10-litre cubitainer.
You must have at least 3 sub-samples drawn:
- 1 for you as the supplying party.
- 1 for the procuring party.
- 1 to remain on the receiving vessel.
This allows for counter-analysis if there is a dispute. The parties may agree to take more sub-samples. The ILT may also request a sample.
You must have each sub-sample drawn:
- From the primary sample container.
- After the sample has been properly mixed (homogenisation by agitation).
- Into a sub-sample container that:
- Holds at least 600 ml, preferably 750 ml.
- Can be sealed and countersealed, for example by matching holes in the cap and container rim.
- Is able to be sealed with a suitable seal that cannot be tampered with.
Seals are required by law. Representatives of the supplier and the receiving seagoing vessel must be present. You must write down the numbers of all seals, and if agreed, all counterseals, in the correct spaces on the BDN. Counterseals and signatures are not required by law.
The labels on the sample containers must clearly state:
- The place where and the method by which the sample was taken.
- The date when delivery started.
- The name of the bunker barge or bunker installation.
- The name and IMO number of the receiving ship.
- The names and signatures of the supplier’s representative and the ship’s representative.
- The seal numbers from the sample containers.
- The product name as stated on the BDN.
Taking samples is required by law, but analysing them is not. Analysis can help prevent issues with fuel oil quality during use.
The vessel must keep its sub-sample until all of the fuel oil has been used, and at least for 12 months after supply.
The other parties should also keep their sub-samples for 12 months. This allows for counter-analyses in case of issues, for settling business disputes, or for checking if fuel oil that does not match the BDN was supplied. If no counter-analyses take place, the available sub-samples are leading.
Bunker Delivery Note (BDN)
You must have the BDN drawn up after bunkering. The BDN enables the ILT to check if the fuel oil complies with the specified standards.
Required BDN contents
MARPOL VI Appendix V specifies which information must be included in the BDN. The BDN must include at least:
- Your contact details, including email address for communication on supply and bunkering.
- If your trade name differs from the name registered with the Chamber of Commerce in the country where your organisation is based, you will need to provide your business registration number.
- The name and IMO number of the receiving vessel.
- The port at which the fuel oil was delivered.
- The start date of the fuel oil delivery.
- The quantity of fuel oil supplied in metric tonnes at the end of the bunkering procedure, including how it was measured.
- The density of the fuel oil at 15°C (kg/m³).
- The sulphur content of the fuel oil (percentage by mass, reported to 2 decimal places).
- The measured flash point of the fuel oil if it is below 70°C. Otherwise, a statement that the flash point is higher.
- Any extra analytical data from the sample, if available.
Seal and counterseal numbers of all legally required sub-samples. It is not allowed to include seal or counterseal numbers of other samples on the BDN. - The product name, including the corresponding ISO-F fuel class code as specified in ISO 8216-1, to indicate the specific fuel oil type and quality.
The product specification, including the ISO 8217 version the fuel oil should comply with. If no ISO 8217 version is mentioned, the ILT will use the latest version of ISO 8217:2024 to check compliance. The ISO 8217 fuel classes can be found on Submitting quarterly data on marine fuel oil deliveries to seagoing vessels. - If fuels do not meet the ISO 8217 standard, the deviations along with the agreed alternative limits. Alternatively, another standard that the fuel complies with, such as EN 590 or NEN 7427-1.
- A signed statement in which you confirm that the fuel oil complies with MARPOL VI Regulations 14 and 18.3, and that all supply details are correct. The chief engineer or ship master must sign or stamp this declaration as proof of receipt.
- The percentage of FAME added, if this percentage is higher than 0.5% and the fuel oil should comply with a pre-2024 ISO 8217 version.
- Information on renewable fuels, such as the quantity, type and origin. The requirements of the EU Renewable Energy Directive III and the FuelEU Maritime Regulation are included in the Besluit brandstoffen luchtverontreiniging (Fuel Air Pollution Decree, in Dutch) and further set out in the Regeling brandstoffen luchtverontreiniging (Fuel Air Pollution Regulation, in Dutch).
- Seal and counterseal numbers of all legally required sub-samples. It is not allowed to include seal or counterseal numbers of other samples on the BDN.
The port authority may also require extra information on the BDN, for example in the bunkering permit.
ISO 13739 lists extra information that can be added to the BDN as good practice:
- Total duration of bunkering, or the end date and time.
- Name and ENI number of the bunker barge supplying the fuel oil.
- Details of how the fuel oil sample was taken.
- Stamp and signature of the surveyor or surveyors, if present.
- A unique number you use to identify specific deliveries.
Ship master’s Letter of Protest (LoP) in case of irregularities
If there are any irregularities or cases of non-compliance with the above requirements, the ship master must report them immediately using a Letter of Protest (LoP). The ship master must send the LoP to your representative, who must countersign to confirm receipt. The ship master must send copies of the countersigned LoP to the ship’s flag state administration and the ILT as the port state authority.
You must review your operations based on each LoP.
Based on LoPs, the ILT may start investigations into fuel oil suppliers or bunker barge operations, notifying the parties involved. In case of non-compliance, the ILT will inform the IMO of the results of the investigation in Global Integrated Shipping Information System (GISIS).
Legal framework and key considerations for the bunkering of marine fuel
Fuel oil supply for use on board seagoing vessels must legally comply with MSC-MEPC.2/Circ.18: IMO guidelines for the sampling of fuel to determine compliance with MARPOL VI and SOLAS II-2. These guidelines are set out in MARPOL VI/18.8.1 and implemented into Dutch law per Article 3.3 of the Besluit brandstoffen luchtverontreiniging (Fuel Air Pollution Decree, in Dutch).
In addition to legal requirements, the ILT recommends, but cannot enforce, following ISO 13739 in bunker procedures. ISO 13739 may help avoid discussions and confusion. Preferably, the fuel oil delivery agreement should include conditions for returning the fuel oil if the recipient does not accept the delivery.
It is important that all parties involved agree on the correct application of the bunkering procedure, in order to ensure mutual trust and resolve issues and problems within the bounds of the legal requirements.
Registration and reporting of deliveries
In addition to the requirements mentioned on this page, as a supplier you are also obliged to register with the ILT and report deliveries on a quarterly basis.