Dutch Port State Control issued the following warning

Vessels have to change over to marine fuels with a sulpher content not exceeding 0,1% by mass as soon as possible after arrival at berth.
 
The regulation with regards to Maximum sulphur content of marine fuels used by ships at berth in Community ports according 2005/33/EC:

art. 4b - 1b. With effect from 1 January 2010, Member States shall take all necessary measures to ensure that the following vessels do not use marine fuels with a sulphur
content exceeding 0,1 % by mass: - ships at berth in Community ports, allowing sufficient time for the crew to complete any necessary fuel-changeover operation as soon as possible
after arrival at berth and as late as possible before departure. Member States shall require the time of any fuelchangeover operation to be recorded in ships' logbooks.

The definition of "at berth" according Directive 2005/33/EC:
 
art 2 - 3i. ships at berth means ships which are securely moored or anchored in a Community port while they are loading, unloading or hotelling, including the time spent when not engaged in cargo operations;
 
The anchorages at sea are not considered to be anchoraches as described in the definition of "at berth.

Bunkers ( at berth )

'Anchorage in Community Port' or 'Anchorages in inland waterways' means anchorages after passing the entranc of the harbour line.
For instance in the Netherlands, anchorages on the Nieuwe Waterweg or Callandkanaal in Rotterdam, the Noordzeekanaal in Amsterdam or the Westerschelde near Vlissingen (Flushing).
 
Unquote

In other words, it is allowed to have products on board higher than 0.1 sulphur as long as it is not being used within the port.

There may be an exception if the vessel has not been in a position to take max 0.1 sulphur products on board. Example : The vessel took bunkers with more than 0.1 sulphur to full capacity in Australia and is now enroute to Europe.
It that case we advise to alert the port authorities.

If there is anything further we can do, please let us know.

Kees Velgersdijk
DUTCH P&I SERVICES B.V.
P.O.Box 23085
3001 KB Rotterdam
The Netherlands
tel:       +31 104405590
fax:      +31 104405595
e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
site:     www.dupi.nl