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:

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:

The port authority may also require extra information on the BDN, for example in the bunkering permit.

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.