FMC Rejects Maersk's Emergency Bunker Surcharge Request for the Second Time

For the second time in just one month, the US Federal Maritime Commission (FMC) has officially denied Maersk's request for an exemption from the advance notice requirement to implement an Emergency Bunker Surcharge (EBS). Previously, the Danish carrier asserted an urgent need for this surcharge to offset skyrocketing fuel costs resulting from the fallout of the war in Iran.

Firmly Upholding the Shipping Act

In a document published on its official website, the maritime regulator explained that Maersk once again failed to demonstrate "good cause" to bypass the statutory 30-day notice period - calculated from the publication of the Emergency Bunker Surcharge until it officially takes effect for shippers.

This decision comes after the FMC rejected an initial request from Maersk and several other carriers on March 4. Maersk subsequently filed a second petition on March 11.

The FMC's denial is viewed as a prudent move by many industry experts. The market is raising concerns about potential profiteering amid the Iran conflict, particularly by shipping lines that have been struggling with weakening freight rates and declining profits recently (Maersk recorded a profit of $2.73 billion in 2025).

Sharing a historical perspective on similar crises with FreightWaves, one executive commented: "There are people in the [shipping] business who made their fortunes during the ‘Tanker War’ between Iraq and Iran in the Eighties."

Massive Pressure from VLSFO Prices

Defending its argument in the second filing, Maersk pointed out that Iran's closure of the Strait of Hormuz has stalled oil tanker traffic. As a direct consequence, the price of Very Low Sulphur Fuel Oil (VLSFO) at the world's 20 busiest ports spiked dramatically, surging from $509 per metric ton (February 6) to $929 per metric ton (March 9).

Faced with this cost disparity, the company's representative emphasized: "Maersk cannot absorb the full impact of this dramatic increase,"

The carrier also offered a pessimistic forecast for the road ahead: "Moreover, bunker fuel prices are likely to remain elevated and volatile given the uncertainty of the duration of hostilities and their impact on the price of oil and bunker fuel."

Based on those arguments, in a March 18 advisory, Maersk indicated it plans to implement a temporary bunker surcharge of up to $400 per container on long-haul routes, with the quantum reaching up to $600 for refrigerated (reefer) containers.

A Clear Message from the FMC: Costs Must Be Backed by Data

Explaining the FMC's firm stance, Chair Laura DiBella issued a clear statement on March 23. She emphasized that when seeking special permission to shorten the waiting period: "The carrier should demonstrate how its increased costs are linked to the dollar amount of the proposed surcharge. An assertion that there are increased costs, without any data on what those costs are, how long they may last, and what steps the carrier is taking to mitigate them, is insufficient in demonstrating good cause."

This intense scrutiny is not exclusively targeted at Maersk. Reportedly, on April 1, the FMC also officially denied a similar request from the Turkish carrier Turkon.

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Source: Phaata.com (According to Freight Waves)

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