Drone detection of sulphur emissions

The use of drones in the shipping industry, particularly in the area of monitoring the sulphur emissions of marine fuel, has been a hot topic since the lead up to the implementation of the 0.1% sulphur cap in Emission Control Areas (ECAs) on 1 January 2015.

While most discussion focuses on the potential for port states to use drones to help monitor vessels’ compliance with the sulphur cap, the European Maritime Safety Agency (EMSA) is assessing the potential for drones to be used for other purposes, including assisting with search and rescue, and detecting and monitoring of pollution levels and other emissions.

Current attitudes on the potential benefits of this technology are very positive, but less attention has been given to practical and legal considerations. Presently, there is no international framework governing the use of drones to detect sulphur emissions. Each port state can therefore determine what, if any, rules they impose.

The practicalities of administering and enforcing drone use are complex: which state(s) will pay for and maintain the drones? Which state(s) will enforce and use the drone obtained evidence? In which jurisdiction will non-compliance penalties based on that evidence be pursued?

The emissions evidence obtained by drones will likely be a useful tool when a state is evaluating a ship’s compliance with the emissions regulations. However, certain pitfalls may question the strength and weight of that evidence, including the reliability of the evidence obtained, the potential for contamination of emissions from other vessels, and issues of safety and security.

Some EU countries, including Denmark, are trialling drone use and static “sniffer” technology (on the Great Belt Bridge in Denmark) to assist with their sulphur cap compliance regime. The results appear to indicate that it is an effective way of detecting levels of sulphur emissions. Although still in the early stages, evidence obtained by drones and static “sniffer” technology is likely to be used as a preliminary identification tool to detect a potential non-compliance, and initiate a ship inspection. This would appear to be the case in Turkey, where the Istanbul Metropolitan Municipality’s Marine Services Directorate recently announced it will use drones to complement existing enforcement mechanisms to monitor marine pollution, improve surveillance and enforce penalties.

However, it seems unlikely that reliance could be placed solely on that evidence when penalising a vessel for non-compliance with the sulphur cap. Chapter 2 of Annex VI of Marpol stipulates the regime for documentary compliance required of each ship, and requires states to carry out ship inspections to establish non-compliance with the sulphur cap. The EU Implementing Decision 2015/253 requires Member States to inspect log books and bunker delivery notes on board at least 10% of the total number of individual ships calling in that state each year, and as from 1 January this year, the marine fuel on board a certain percentage of those ships inspected must be sampled to verify the sulphur content, according to the Member State’s proximity to the ECA.

While it is highly unlikely that a state will be able to rely on drone obtained evidence alone, the use of drones could become a helpful tool in assisting states to monitor emissions compliance, as well as performing other useful functions for the shipping industry. IMO involvement may be needed to provide global standards which will ensure consistency.