higher emission factors and a greater non-compliance rate
for Tier II OGVs compared to Tier I OGVs. The Danish study
also con?rmed that OGVs emit more NOx when operating at
lower engine loads. Additionally, the results demonstrated that
larger engines generate higher emission factors, which is in
line with the Belgian measurements, albeit with a weak
correlation. An increasing trend was observed across all Tier
levels, excluding Tier III due to limited measurements (Supple-
mentary Fig. 5).
Non-compliance with NOx standards has also recently been
investigated within the SCIPPER project. A particular emphasis
was placed on Tier III OGVs. The advantage of the enforcement
of Tier III OGVs is that a not-to-exceed limit is de?ned for all
four engine load points, set at 50% of the applicable emission
limit (Appendix II, MARPOL Annex VI)15. However, because the
keel laying date (KLD) is de?ned in the MARPOL Annex VI
regulations to determine Tier III classi?cation, the large majority
(73%) of the recently constructed OGVs are registered with a
KLD prior to 2021. Consequently, they are subjected to the Tier II
emission limits instead of the stricter Tier III emission limits24.
In total 65 Tier III OGVs were monitored by the SCIPPER
partners. The ?ndings indicated that approximately half of the
observed Tier III OGVs did not comply with the maximum NOx
emission limits for Tier III; ca 20% of the observed Tier III OGVs
did not even meet Tier II emission limits32. This observation
aligns with the limited Tier III non-compliance results reported
by Belgium, where a non-compliance rate of 43% was observed.
Various other studies have also highlighted concerns regarding
elevated levels of NOx emissions from Tier III OGVs33,34.
Port inspections on sulfur and NOx infringements
Results within the Bonn Agreement. The results of the sulfur
infringements from most BA CPs follow an increasing trend
between 2015 and 2020 (Supplementary Fig. 6A). The primary
reason for this is that not all CPs immediately implemented
inspection protocols; needed to gain experience; and had initially
only limited information available to single out suspicious OGVs
for inspection. As a result, not all CPs have inspection results for
2015. From 2016, all BA CPs were actively conducting inspections
within their ports. During this time, remote monitoring opera-
tions and the exchange of alerts via Thetis-EU began to gain
momentum, leading to the discovery of a higher number of
infringements and de?ciencies.
Due to a high number of observed sulfur infringements by one
BA CP, the total observed number of infringements in the years
2015 and 2016 still provided the highest number of observed
infringements (243 and 223) (Fig. 4A). The year 2018 provided
the third highest number of recorded infringements (178).
However, following that year, the number of identi?ed infringe-
ments began to decline. It is important to note that the EU
Sulphur Directive mandates Member States (MS) to provide port
inspection data by June, as a result, at the time of publication, not
all CPs were able to submit data for the year 2022.
The EU-Commission Implementing Decision played an
important role in maintaining a consistent number of inspections
conducted on OGVs throughout the entire time period. Although
there was a decrease in inspections in 2020 due to the global
pandemic, the majority of CPs were still able to ful?ll the
mandatory inspection requirements. It is worth noting that in this
context, numerous CPs utilized the exemption outlined in the
Implementing Decision to reduce the number of inspections by
implementing remote monitoring (Art 3.3(a))35.
Regarding the reported penalties on sulfur, an upward trend
was observed between the years 2015 and 2017, reaching a peak of
126 cases in 2017 (Supplementary Fig. 6B). Subsequently, the
number of penalties declined. It should be noted that there is a
time lag in the reporting of penalties, as often the reported
penalties correspond to infringements observed in the previous
year. Therefore, the peak in penalties in 2019 aligns with the peak
of infringements in 2018. To address this time lag, it is necessary
to analyze the data from the original cases and assign them to the
year of observation. However, this analysis was not feasible due to
the sensitive nature of the legal cases involved.
When looking at the mean number of sulfur de?ciencies and
infringements observed by the BA CPs’ port inspection
authorities, a substantial decrease was observed after the global
sulfur cap came into effect (Fig. 4A). Over the total period
2015–2022, 996 infringements were observed of which 544 were
penalized. In the period 2015–2020, before the global sulfur cap
came into effect, 885 infringements were observed by the port
inspection authorities with a mean of 21.6 cases per year, 442
penalties were executed in the same period or on average 10.8
penalties per year, corresponding to 56% of the infringements. In
the period 2020–2022, after the global sulfur cap came into force,
a total of 111 infringements were observed. The mean annual
number of observed de?ciencies per BA CP decreased therefore
signi?cantly to 4.8 cases per year (P < 0.001). In total, 102
penalties were handed out after the global sulfur cap came into
effect (91%). The mean number of penalties per BA CP per year
therefore decreased signi?cantly to 4.3 penalties (P < 0.05), which
is just below the mean number of observed infringements,
indicating that as of today there is a good legal follow-up of
possible infringements within the BA.
There is a notable disparity between sulfur and NOx. The result
of the inquiry with the BA CPs provided proof of the successful
enforcement and legal follow-up for sulfur infringements. In
Fig. 4 Number of observed infringements and penalties in the Bonn
Agreement. Infringements observed by port inspection authorities for SO2
(A) and NOx (B). Note that for 2022 not all BA CPs were yet able to
provide data.
COMMUNICATIONS EARTH & ENVIRONMENT | https://doi.org/10.1038/s43247-023-01050-7 ARTICLE
COMMUNICATIONS EARTH & ENVIRONMENT | (2023) 4:391 | https://doi.org/10.1038/s43247-023-01050-7 | www.nature.com/commsenv 5