Bunker Delivery Note (BDN), MARPOL Sample & Flashpoint Guide

The statutory regime governing marine fuel delivery is codified in MARPOL Annex VI Regulation 18 (Fuel oil availability and quality). The regulation establishes that fuel oil delivered to and used on board ships shall be free from inorganic acids, chemical contaminants, or added substances that jeopardize the safety of ships, adversely affect machinery performance, or contribute to additional air pollution.

The primary document proving legal compliance is the Bunker Delivery Note (BDN). Under Regulation 18.5, details of fuel oil for combustion purposes delivered to and used on board shall be recorded by means of a BDN, which shall contain at least the information specified in Appendix V to MARPOL Annex VI. The BDN must be accompanied by a representative sample of the fuel oil delivered (Regulation 18.8.1).

Recent statutory developments have significantly tightened BDN scrutiny:

• Resolution MEPC.362(79) (In force 1 May 2024): Formally amends Appendix V to mandate the incorporation of flashpoint declaration items (Item 9) directly into the statutory BDN format.
• Resolution MSC.520(106) (In force 1 January 2026): Amends SOLAS Regulation II-2/4.2.1 to prohibit the delivery and use of oil fuel unless accompanied by a declaration that the flashpoint complies with the minimum 60°C requirement, backed by ISO 2719 test evidence.
• Resolution MEPC.385(81) (In force 1 August 2025): Amends Regulation 18 to establish explicit rules for low-flashpoint gas fuels (boil-off gas, LNG, LPG, methanol), exempting cryogenic and gaseous fuels from liquid manifold drip sampling while mandating alternative custody-transfer density and temperature records.

Under MARPOL Annex VI Appendix V, every BDN delivered to the vessel must contain all statutory fields before the Chief Engineer signs:

Under Regulation 18.6, the BDN must be retained on board for a period of not less than three (3) years following fuel delivery. The file must be kept readily accessible in the engine room or ship\'s office. During Port State Control inspections, failure to produce a valid BDN within the 3-year window constitutes an immediate deficiency (often categorized under Deficiency Code 14108 - Fuel Oil Quality) and may lead to ship detention under Paris MoU, Tokyo MOU, or USCG targeting matrixes.

Fire safety in machinery spaces depends fundamentally on fuel oil volatility control. Under SOLAS Chapter II-2 Regulation 4.2.1.1, no fuel oil with a flashpoint of less than 60°C shall be used on board cargo and passenger ships, with limited exceptions for emergency generators (where fuel not less than 43°C may be permitted by the Administration) and gas-fuelled ships complying with the IGF Code.

To close historical documentation loopholes where suppliers failed to certify flashpoint, IMO Resolution MSC.520(106) introduced a statutory enforcement mechanism effective 1 January 2026:

• Mandatory BDN Flashpoint Entry: Prior to bunker transfer, the bunker supplier must deliver a BDN containing a specific flashpoint declaration.
• Binary Declaration Threshold: If the flashpoint is measured at or above 70°C, the BDN may simply state "Flashpoint >= 60°C" or provide the measured value.
• Specific Temperature Requirement: If the flashpoint is measured below 70°C, the supplier is legally obligated to state the actual measured temperature on the BDN.
• Testing Standard: The flashpoint must be determined in accordance with ISO 2719:2016 (Determination of flash point - Pensky-Martens closed cup method), Procedure A (for distillate and residual fuel oils) or Procedure B.
• Low-Flashpoint Contamination Response: If independent lab testing subsequently reveals a delivered flashpoint below 60°C (e.g. 54°C due to cutter-stock contamination), the Chief Engineer must immediately notify the Master, Company DPA, Flag Administration, and Port State Authority. The contaminated fuel must be isolated, storage tank headspace gas-tested for flammable vapour, and tank heating secured until de-bunkering or Flag safety dispensations are granted.

MARPOL Annex VI governs three distinct fuel oil sample types, each serving a separate legal and regulatory function:

The MARPOL Delivered Sample is the sole statutory sample used by Flag or Port State authorities to determine whether fuel delivered by a supplier complied with the sulphur limits of Regulations 14.1 or 14.4 at the time of delivery. Key operational requirements under Resolution MEPC.182(59) include:

• Continuous Drip Sampling: The sample must be collected continuously during the entire delivery using a manual or automated drip sampler attached directly to the receiving ship's bunker manifold.
• Bottle Volume & Integrity: Minimum bottle size is 400 mL. The bottle must be sealed with a unique tamper-evident seal and recorded in the Oil Record Book Part I and Bunkering Log.
• Signed Joint Label: The label must be completed and signed by both the supplier's representative and the ship's Chief Engineer. Removing or tampering with the seal invalidates the sample as legal evidence.
• Storage Conditions: Samples must be stored in a cool, dry, dark location away from heat sources and living quarters (typically a dedicated metal sample locker in the steering flat or bunker station).
• Verification Testing Protocol (Appendix VI): If tested by an authority, the 95% confidence limit applies. For delivered samples, the measured value must not exceed the statutory limit (e.g. 0.50% or 0.10%) + 0.59R reproducibility margin.

When compliant fuel oil cannot be obtained at a port of call, MARPOL Annex VI Regulation 18.2 establishes a formal statutory defence. However, seafarers and operators must understand that a Fuel Oil Non-Availability Report (FONAR) is not an exemption or licence to pollute; it is an evidence-backed declaration of due diligence.

• Prior Notification Requirement: The Master must submit the FONAR via email to the ship's Flag Administration and to the competent authority of the port of destination BEFORE departure from the bunkering port.
• Standardised Format: The report must strictly follow the format prescribed in Resolution MEPC.320(74) (2019 Guidelines for consistent implementation of the 0.50% sulphur limit under MARPOL Annex VI, Appendix 1).
• Evidence of Best Efforts: The ship must attach documented proof of commercial enquiries made to multiple local suppliers, charterer communications, and port authority responses demonstrating that compliant fuel was physically unavailable.
• Price Is Not an Excuse: A FONAR will be rejected outright by PSC authorities if non-availability is claimed based on high fuel price, commercial disputes, or refusal to wait a reasonable time for delivery.
• Port State Action: Upon arrival at the destination port, PSC officers will inspect bunker logs, voyage plans, and correspondence. The authority may permit the vessel to discharge cargo using the non-compliant fuel, require de-bunkering of remaining non-compliant fuel, or mandate operational mitigation measures.