EUROPEAN COMMISSION 
Brussels, 15.7.2011 
COM(2011) 439 final 
2011/0190 (COD)   
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Directive 1999/32/EC as regards the sulphur content of marine fuels 
  
{SEC(2011) 918 final} 
{SEC(2011) 919 final} 
  
EN 1   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
General context 
Promoting a more resource efficient, greener and more competitive economy is at the heart of 
Europe 2020 strategy1. In this context further reduction of air pollution is important to 
improve human health and the environment a nd contributes to the attainment of more 
sustainable Europe. The EU actions over the pa st decades have resulted in a considerable 
reduction of emissions of most air po llutants, including sulphur dioxide (SO 2), nitrogen 
oxides (NOx), volatile organic compounds, a mmonia and particulate matter (PM). The 
greatest share of these reductions  has been achieved by land-bas ed emission sources such as 
industrial plants or road trans port. Evidence shows that furthe r reduction of such pollutants 
will deliver significant benefits to the health of EU citizens, the environment, and the economy at large.  
Historically, less attention wa s given to address maritime emission sources compared to land-
based sources. However, as maritime emissions  of air pollutants can travel large distances 
they have an impact on land. Projections made in 2005 showed that without further regulatory 
action the continued grow th in emissions of SO
2 and NOx from the maritime sector will 
surpass total emissions of these polluta nts from all land-based sources by 2020.2  
Grounds for and objectives of the proposal 
The sulphur content of a liquid fuel essentially determines the SO 2 emissions related to the 
combustion of that fuel, as well as the fo rmation of (secondary) particular matter (PM). 
Directive 1999/32/EC as amended regulates the sulphur content of fuels used by maritime 
transport and incorporates certa in rules, agreed under the International Maritime Organisation 
(IMO), into EU law. In particul ar, the Directive incorporates mo re stringent rules on sulphur 
content of marine fuels to be used in areas in need of special environmental protection, the 
Sulphur Emission Control Areas3 (SECAs).  
Since the amendment of the Directive in 20 05, and with strong EU support, IMO rules, 
among others in relation to SO 2, were revised in October 2008. These rules are contained in 
Annex VI of the Marine Pollution Convention 73/78 (Rev ised MARPOL Annex VI)4. 
Already at the time of the adoption of Direc tive's 2005 amendment the EU's co-legislators, 
expecting the need for further reduction of  shipping emissions, cal led upon the Commission 
to review the legal requirem ents related to the sulphur content of liquid fuels.  
Consistency with other policies and objectives of the Union 
                                                 
1 Communication from the Commission, Europe 2020 A strategy for smart, sustainable and inclusive 
growth, COM(2010) 2020 final. 
2 SEC (2005) 1133: Commissions Staff Working Paper accompanying the Communication on Thematic 
Strategy on Air Pollution (COM(2005)446 final), the Directive on Ambient Air Quality and Cleaner Air 
for Europe(COM(2005)447 final) and the Commission Staff working paper on the implementation of EU Air Quality Policy and preparing for its comprehensive review, SEC(2011)342 final.  
3 In the EU SECAs cover the Baltic and North Seas and the English Channel. 
4 Resolution MEPC.176(58) adopted on 10 October 2008 (Revised MARPOL Annex VI).  
EN 2   EN This proposal is consistent with Article 191 of the Treaty on the Functioning of the European 
Union (TFEU) and aims to provide a high le vel of protection for human health and the 
environment. It is furthermore consistent wi th the EU 2020 Strategy  and its associated 
flagship initiatives, notably those relating to  the low carbon society roadmaps and innovation 
union, as well as existing EU policie s for sustainable transport.  
2. RESULTS  OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENT 
Public consultation 
In preparation of this amendment the Comm ission conducted an online consultation open to 
all interested parties (incl uding organisations, Member Stat es, NGOs, general public) during 
the period of 29 October 2010 to 5 January 2011. Stak eholders were requested to express their 
views on the possible incorporation of the latest relevant IMO's rules into EU legislation. In 
addition to the public consultation, the Commissi on also regularly consulted Member States' 
representatives and other stakeholders.  
The public consultation yielded 244 responses from various organisations. The important 
contribution of the revised Annex VI of MARP OL to improving air quality in the EU has 
been widely acknowledged by all stakeholders. In the view of most respondents the EU 
provisions on the abatement technologies should be aligned with the revised Annex VI of 
MARPOL. The broad range of abatement technologi es should in their view be allowed, while 
ensuring appropriate safeguards for the environm ent. Respondents have also broadly agreed 
that strengthening and harmonising monitoring and enforcement of the sulphur standards is an 
important tool that would ensure delivery of  the intended environmental improvements. Some 
stakeholders raised concerns about the costs of the new requirements and the potential risk of 
modal shifts (from short sea sh ipping to trucks), in particul ar in areas where the sulphur 
standards are stricter (SECAs ). Others underlined the need for a prompt EU action to 
encourage the industry's response and safeguard the environmental benefits of the revised 
Annex VI of MARPOL. 
More detailed information on the results of the public consultation is presented in the Impact 
Assessment accompanying this proposal5. 
External expertise and public information 
Several studies were conducted in support of the preparatory work leading to the present 
proposal. These studies have been made av ailable upon completion on the Commission's 
webpage dedicated to EU policies on shipping emissions: http://ec.europa.eu/environment/a ir/transport/ships _directive.htm
.  
The results of the impact assessment 
The new international limit values for the sulphu r content of marine fuels are expected to 
significantly reduce emissions of sulphur dioxides  from the maritime sector. This will greatly 
contribute to achieving the ge neral environmental objectives stated in the 2005 Thematic 
Strategy on Air Pollution as well as the specific objectives stated in the Directive. It will 
furthermore yield important ancillary benefits in terms of reducing emissions of particulate 
                                                 
5 SEC [reference]  
EN 3   EN matter and NOx (an important precurs or of ground-level ozone). It is essential to  ensure that 
these projected benefits materialise, not leas t for the purpose of promoting compliance with 
existing ambient air quality limit values.  
The impact assessment confirms the cost-effectiv eness of the full alignm ent of the Directive 
with the IMO stricter fuel st andards and the rules on emission abatement methods. According 
to its findings the MARPOL Annex VI 2008 revisi on offers an estimated €15 to €34 billion in 
benefits to the EU in improved health and re duced mortality. The costs of implementing the 
revision range from €2.6 to €11 billion. As such th e revision offers benefits that are three to 
thirteen times greater than the costs. 
In addition to the alignment of the Directive with IMO rules, the impact assessment 
recommends maintaining the link between the st ricter fuel standards in SECAs and those 
applying for passenger ships on a regular servic e outside SECAs. However, the introduction 
of a new SECA standard for passenger ships wo uld be delayed by 5 years in order to avoid 
potential problems with fuel availability. The be nefit to cost ratios for this option range from 
1.5 to 6 (if the 0.1% standard is introduced in  2020) and from 0.8 to 10 (if the 0.1% standard 
is introduced in 2025).  
Furthermore, the impact assessment analysed th e issues identified during the review of the 
Directive. In particular, it showed that certa in weaknesses exist in the enforcement provisions 
of the Directive (in particular on sampling a nd reporting). The impact assessment suggests to 
first develop guidance on monitoring and implem entation of the Direc tive and, should this 
approach fail, to consider  adopting binding rules.  
Finally, the impact assessment also recomme nds that the European Commission and Member 
States use and, where possible a nd necessary, adapt existing instru ments, to assist industry in 
the transition towards the new best available technology standards, including those agreed at 
the IMO or other relevant  organisations (notably for NOx, PM, and GHG).  
3. LEGAL  ELEMENTS  OF THE  PROPOSAL 
Summary of the proposed action 
The purpose of this proposal is to revise Directive 99/32/EC on the sulphur content of certain 
liquid fuels with the aim to:  
(1) Align the Directive with the IMO rules on fuel standards, including the standards 
applicable outside SECAs.  
(2) Align the Directive w ith the IMO rules on the emission abatement methods. 
(3) Maintain the link between the stricter fu el standards in SECAs (now requiring maximum 
sulphur content of marine fuel of 1.5% and from 2015 - 0.1%) and those applying for 
passenger ships on a regula r service outside SECAs (at the moment 1.5%). 
(4) Strengthen EU monitoring and enforcement regime.  Incorporating the international fuel standards in to EU law would strengthen the effectiveness 
of these standards as they w ould be monitored and enforced under the EU regime, which is 
more effective than the international enfor cement system. The proposed extended access to  
EN 4   EN and promoting the use of innovate emission abat ement methods as an equivalent compliance 
option addresses concerns about the cost implic ations resulting from the new IMO rules for 
certain industries. This would significantly lo wer the IMO compliance costs (by 50% to 88%) 
and promote innovative industry so lutions, in line with the pr iorities of the Europe 2020 
Strategy and Article 3 of the Tr eaty on European Union (TEU). Furthermore, stricter fuel 
standards for passenger ships on a regular service, which operate mostly in ports or close to 
shore, would ensure improvement of air qual ity in coastal areas. The introduction of the 
stricter fuel standard for passenger ships w ould be delayed by 5 years in comparison with 
SECAs in order to avoid potential problems with  fuel availability. Fi nally, strengthening EU 
monitoring and enforcement regime is particularly  important considering that the significantly 
stricter fuel standards and the associated co mpliance costs may increase the incentives for 
circumvention.  
These actions will ensure better implementation and enforcement of the Directive by national 
authorities and easier compliance by the indus try and should result in a high level of 
environmental protection. 
Legal basis 
The primary objective of the Directive is the pr otection of the environm ent. This proposal is 
therefore based on Article 192 of the TFEU. 
Subsidiary principle 
The right for the EU to regulate the sulphur cont ent of liquid fuels with  significant impact on 
the internal market and the envi ronment is established in the TFEU. Article 3 TEU stipulates 
that 'The Union shall establish an internal  market. It shall work for the sustainable 
development of Europe based on balanced ec onomic growth and price stability, a highly 
competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the en vironment'. Moreover, 
Article 191 TFEU states that 'Union policy on the environment shall contribute to […] 
preserving, protecting and improvi ng the quality of environment, protecting human health, 
prudent and rational utilis ation of natural resources, promoti ng measures at international level 
to deal with regional or worldw ide environmental problems […]'. 
Global dimension of shipping and a cross-bord er impact of air pollution emitted from the 
combustion of fuels containing sulphur require  that common rules are established for all 
Member States. In the absence of such rules di fferent national standards would apply to ships 
operating in EU waters. Such a legal patchw ork would make the operation of a shipping 
industry in the EU very complicated and co stly, hence distorting internal market.  
Only a harmonised action at EU level, with  its strengthened monitoring and enforcement 
regime, would ensure an effective implementati on and application of the international fuel 
standards across Member States.
6  
Detailed explanation of the proposal 
Article 1 
                                                 
6 More detailed explanation on the subsidiarity pr inciple is available in the Impact Assessment 
accompanying this proposal.  
EN 5   EN This Article details each of the propos ed amendments to Directive 1999/32/EC. 
(1) Article 2 of Directive 1999/32/EC  is amended to adapt the definitions of marine diesel 
oil and marine gas oil to the latest ISO standard and to extend the definition of 
emission abatement method and align it wi th the definition of equivalents in 
Regulation 4 of the revise d Annex VI of MARPOL. 
(2) Article 3 is amended to revi se the provisions on maximu m sulphur content of heavy 
fuel oil following the adoption of Directive 2010/75 of the European Parliament and of 
the Council of 24 November 2010 on indus trial emissions (integrated pollution 
prevention and control)7, which recasts the European  legislation on industrial 
emissions. 
(3) Article 3a is added to ensure that marine fu els are not used or placed on the market in 
Member States if their sulphur content ex ceeds the general standard of 3.5 % by mass. 
In particular, this provision addresses the risk  that the possibility to use heavy fuel oil 
in combination with emission abatement ma thods instead of low sulphur distillate 
fuels could result in use and placing on the market of poor quality fuel. Abatement 
methods would allow desulphurisation of hi gh sulphur fuel and reduction of sulphur 
dioxide emissions to air. However, if poor  quality fuel with high sulphur content is 
used for abatement, it could result in a disc harge of high density waste water and have 
negative effects on marine envi ronment. Ensuring a minimum fuel quality aims also at 
preventing the risk of ship engine failure; 
(4) Article 4 on maximum sulphur content in gas oil is amended to delete the references to 
the dates of entry into force of sulphur limits that have become obsolete. 
(5) Article 4a is amended to: 
– Introduce a new provision on the sulphur fuel  standard applicable outside SECAs 
("general standard"); 
– Align the sulphur fuel standards applicab le in SECAs with the revised Annex VI 
of MARPOL; 
– Introduce 0.1% sulphur limit for passenge r ships operating outside SECAs in 
2020, thereby restoring the link of the requ irements for passenger ships operating 
outside SECAs with those for SECAs; 
– Clarify that the register of local suppliers  of marine fuel that  Member States are 
obliged to maintain should be publicly available; 
– Delete the outdated references;  
– Empower the Commission to designate new SECAs on the basis of the IMO's 
decision.  
(6) Article 4b is amended to delete the exemption from the obligation set out in Article 
4b(1) for certain vessels opera ting in the Hellenic Republic, as the period for which it 
                                                 
7 OJ L 334, 17.12.2010, p. 17.   
EN 6   EN was granted has expired, and to delete the reference to the dates of entry into force of 
sulphur limits that have become obsolete. 
(7) Article 4c is amended and Articles 4d and 4e  are added to align the Directive to the 
revised Annex VI of MARPOL and adapt it to technical progress.  In particular, the 
proposed Directive requires Member States  to allow the ship s to use emission 
abatement methods as an alte rnative to using low sulphur marine fuels provided that 
they continuously achieve reductions of sul phur dioxide emissions equivalent to those 
that would be achieved by using low sulp hur fuel. The use of emission abatement 
methods is also subject to certain criteria to  ensure that these methods do not give rise 
to significant negative impacts on and risks to human health  and the environment. The 
criteria will be established either by the IMO, subject to supplementation or amendment by the Commission Decision or, in  the absence of the IMO instruments, 
by the European Commission. The emission abatement methods for use by ships flying the flag of Member St ates will be approved either  on the basis of the 96/98/EC 
of 20 December 1996 on marine equipment
8 or on the basis of this Directive, by the 
Committee on Safe Seas and the Prevention of Pollution from Ships established by 
Regulation 2099/2002/EC. The procedure and c onditions for testing of new abatement 
methods remain unchanged. 
(8) Article 6 is amended to empower the Commission to specify the frequency of 
sampling, the sampling methods and the defini tion of a sample representative of the 
fuel examined as well as to adapt the me thod for determining th e sulphur c ontent and 
the fuel verification procedure to the ne west international technical standards. 
(9) Article 7 is amended to clarify the scope of  the report on the sul phur content of fuels 
covered by the Directive to be submitted to  the Commission by Member States and to 
empower the Commission to specify the form at and the content of the re port. The 
amendment also aligns paragraph 4 of Article 7 on adaptations of the relevant Directive's provisions to scie ntific and technical progress with the new comitology 
rules under the Treaty of Lisbon. 
(10) Article 8 is deleted as it refers to  a Directive that has been repealed. 
(11) Article 9 is deleted as the Directive does not provide for implementing acts. 
(12) Article 9a is added to provi de for conditions for the exercise of the power to adopt 
delegated acts by the European Commission. 
Article 2 
This article requires Member States to transpose the proposed Directive. 
Article 3 
This Article concerns the date of entr y into force of the proposed Directive. 
Article 4 
                                                
 
8 OJ L 46, 17.02.1997, p. 25.  
EN 7   EN This Article addresses the proposed Directive to the Member States. 
4. BUDGETARY  IMPLICATION   
The proposal has no budgetary im plication for the Union budget. 
5. OTHER  COMMENTS 
The Commission proposal is accompanied by the Communication which, in section 4, makes 
suggestions for compliance strategies and outlines existing tools and possible future measures which can help industry in meeting its environmental challenges. 
The Commission also envisages to codify th e Directive 1999/32/EC and its subsequent 
amendments, including this proposal for amendment, once adopted by the European 
Parliament and the Council. This will render the Directive 1999/32/EC more readable and 
legally clear and contribute to the achiev ement of the EU bette r regulation strategy.  
EN 8   EN 2011/0190 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Directive 1999/32/EC as regards the sulphur content of marine fuels 
  
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 192(1) thereof, 
Having regard to the proposal from the European Commission
9, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
10,  
Having regard to the opinion of  the Committee of the Regions11, 
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) The environmental policy of the Union, as set out in the action programmes on the 
environment and in particular in the Si xth Environmental Action Programme adopted 
by Decision No 1600/2002/EC of the Eu ropean Parliament and the Council
12, has as 
one of its objectives to achieve levels of air quality that do not give rise to significant 
negative impacts on and risks to hu man health and the environment. 
(2) Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur 
content of certain liquid fuels and amending Directive 93/12/EEC13 lays down the 
maximum permitted sulphur content of heavy fu el oil, gas oil and marine gas oil used 
in the Union. 
(3) Emissions from shipping due to the combus tion of marine fuels with a high sulphur 
content contribute to air pollution in the form of sulphur dioxide and particulate 
matter, which harm human health  and contribute to acidification. 
                                                 
9 OJ C , , p. . 
10 OJ C , , p. . 
11 OJ C , , p. 
12 OJ L 242, 10.9.2002, p. 1. 
13 OJ L 121, 11.5.1999, p. 13.  
EN 9   EN (4) According to Directive 1999/32/EC the Comm ission is to report to the European 
Parliament and the Council on the implementation of the Directive and to table any proposals for amendments, in particular as regards the reduction of sulphur limits for 
marine fuel in SOx Emission Control Areas  (SECAs), taking account of work within 
the International Maritim e Organisation (IMO). 
(5) In 2008, a Resolution was adopted to amend Annex VI of the Protocol of 1997 to 
amend the International Conve ntion for the Prevention of Pollution from Ships, 1973, 
as modified by the Protocol of 1978 relating thereto (herea fter MARPOL), containing 
regulation for the prevention of air polluti on from ships. The re vised Annex VI to 
MARPOL entered into force on 1 July 2010. 
(6) The revised Annex VI to MARPOL introduces , inter alia, stricter sulphur limits for 
marine fuel in SECAs (1.00% as of 1 Ju ly 2010 and 0.10% as of  1 January 2015) as 
well as in sea areas outside SECAs (3.5% as of 1 January 2012 and, in principle, 0.50% as of 1 January 2020). Most Member St ates are obliged to require ships to use 
fuel with maximum 1.00% sulphur content in SECAs as of 1 July 2010 based on their 
international commitments. In order to ensu re coherence with international law as well 
as to secure proper enforcem ent of new globally establishe d sulphur standards in the 
Union, the provisions of Di rective 1999/32/EC should be aligned with the revised 
Annex VI to MARPOL. In order to ensure  a minimum quality of fuel used by ships 
either for fuel or technology based complia nce, marine fuel the sulphur content of 
which exceeds the general standard of 3.5 % by mass should not be allowed for use or 
placing on the market in the Union. 
(7) Passenger ships operate mostly in ports or close to coastal areas and their impacts on 
human health and the environment are signif icant. Those ships are required to use 
marine fuel with the same maximum sul phur content as is applicable in SECAs 
(1.5%). Given that stricter sulphur standards will apply in SECAs, it is justified by the 
need to improve air quality around ports and coasts in the non-SECA territories that the same standards apply to passenger sh ips. However, the introduction of a new 
SECA standard for passenger ships would be  delayed by 5 years in order to avoid 
potential problems with fuel availability. 
(8) Proper enforcement of the oblig ations with regard to the sulphur content of marine 
fuels is necessary to achie ve the aims of Directive 1999/32/EC. The experience from 
the implementation of that Directive has sh own that there is a need for stronger 
monitoring and enforcement regime to ensure a proper implementation of the 
Directive. To that end, it is necessary that  Member States ensure sufficiently frequent 
and accurate sampling of marine fuel placed  on the market or used on board ship as 
well as regular verification of ships' l og books and bunker delivery notes. It is also 
necessary that they establish a system of  effective, proportio nate and dissuasive 
penalties for non-compliance with  the provisions of Direc tive 1999/32/EC. In order to 
ensure more transparency of information, it is also appropriate to provide that the 
register of local supplie rs of marine fuel is made publicly available. 
(9) Reporting by Member States under Direc tive 1999/32/EC has proved insufficient for 
the purpose of verification of compliance with the provision s of the Directive due to 
the lack of harmonized and sufficiently precise provisions on the content and the 
format of the Member States' reports. Theref ore, more detailed i ndications as regards  
EN 10   EN the content and the format of the report ar e necessary to ensure a more harmonised 
reporting. 
(10) Following the adoption of Directive 2010/75/EU  of the European Parliament and of 
the Council of 24 November 2010 on indus trial emissions (integrated pollution 
prevention and control)14, which recasts the Union legi slation on industrial emissions, 
it is necessary to revise the provisions of Directive 1999/32/EC  on maximum sulphur 
content of heavy fuel oil accordingly. 
(11) Complying with the low fuel sulphur limits, particularly in SECAs, can result in a 
significant increase in the price of marine fuel s, at least in the short term, and can have 
a negative effect for the competitiveness of short sea shipping in comparison with other transport modes as well  as for the competitiveness of the industries in the 
countries bordering SECAs. Suitable soluti ons are necessary in order to reduce 
compliance costs for the affected industries,  such as allowing for alternative, more 
cost-effective methods of compliance th an fuel-based compliance and providing 
support, where necessary. The Commission w ill, based inter alia on reports from 
Member States, closely monitor the impacts of the shipping sector's compliance with 
the new fuel quality standards, particularly  with respect to possible modal backshift 
from sea to land based transport. 
(12) Access to emission abatement methods should be facilitated. Those methods can 
provide emission redu ctions at least equivalent t o, or even greater than, those 
achievable using low sulphur fuel, provided that they ha ve no significant negative 
impacts on the environment, such as marine  ecosystems, and that they are developed 
subject to appropriate approval and contro l mechanisms. The cr iteria for use of 
emission abatement methods should be established either by the IMO, subject to supplementation or amendment by the Commissi on Decision or, in the absence of the 
IMO instruments, by the European Co mmission. The already known alternative 
methods, such as the use of on-board exhaus t gas cleaning systems or the mixture of 
fuel and liquefied natural gas (LNG) should be recognised in the Union. It is important 
to promote testing and development of new emission abatement methods. 
(13) In order to determine the date of the app lication of 0.50% sulphur limit, to designate 
new SECAs, to approve new alternative abatement methods and to establish the appropriate conditions for their use, to en sure appropriate mon itoring of sulphur 
content of fuels and the harmonized content and the format of Member States' reports 
and to adapt the provisions of  the Directive to scientific  and technical progress, the 
power to adopt acts in accordance with Ar ticle 290 of the Treaty on the Functioning of 
the European Union should be delegated to the Commission in respect of specification 
of the date from which the maximum sul phur content of fuel of 0.50% by mass should 
apply in the Union, designation of new SE CAs on the basis of the decision of the 
IMO, approval of new emission abatement methods not covered by Council Directive 
96/98/EC
15 and establishment, supplementation or  amendment of conditions for their 
use, the specification of the means of  sampling and emission monitoring and the 
content and the format of the report and th e amendment of Article 2, points 1, 2, 3, 3a, 
3b and 4 or Article 6 paragraph 1(a) and 2 in the light of scientific and technical 
                                                 
14 OJ L 334, 17.12.2010, p. 17. 
15 OJ L 241, 29.8.1998, p. 27.  
EN 11   EN progress and, where relevant, the instruments of  the IMO. It is of particular importance 
that the Commission carry out appropriate co nsultations during its preparatory work, 
including at expert level.  The Commission, when prepar ing and drawing up delegated 
acts, should ensure a simultaneous, timely an d appropriate transmission of relevant 
documents to the European Parliament and to the Council. 
(14) It is appropriate for the existing Comm ittee on Safe Seas and the Prevention of 
Pollution from Ships established by Regul ation (EC) No 2099/2002 of the European 
Parliament and of the Council of 5 Nove mber 2002 establishing a Committee on Safe 
Seas and the Prevention of Pollution from Ships (COSS) and amending the 
Regulations on maritime safety and the prevention of pollution from ships16 to assist 
the Commission in the approval of the emi ssion abatement technologies which are not 
covered by Council Directive 96/98/EC of  20 December 1996 on marine equipment17. 
Directive 1999/32/EC should therefore be amended accordingly, 
HAVE ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 1999/32/EC is amended as follows: 
1. Article 1(2) point (h) is replaced by the following: 
'(h) fuels used on board vessels employing emission abatement methods in 
accordance with Articles 4c and 4e.' 
2. Article 2 is amended as follows: 
(a) points 3a and 3b are replaced by the following: 
'3a. marine diesel oil  means any marine fuel as defined for DMB grade in 
Table I of ISO 8217 with the exception of the reference to the sulphur content; 
3b. marine gas oil  means any marine fuel as  defined for DMX, DMA and 
DMZ grades in Table I of ISO 8217 with  the exception of the reference to the 
sulphur content;' 
(b) point 3m is replaced by the following: 
'3m. emission abatement method  means any fitting, material, appliance or 
apparatus to be fitted in  a ship or other procedur e, alternative fuel, or 
compliance method, used as an alternative to low sulphur marine fuel meeting the requirements set out in this Directive, that is verifiable, quantifiable and enforceable;' 
3. Article 3 is amended as follows: 
(a) paragraphs 1 and 2 ar e replaced by the following: 
                                                
 
16 OJ L 324, 29.11.2002, p. 1. 
17 OJ L 46, 17.02.1997, p. 25.  
EN 12   EN '1. Member States shall ensure that heavy fuel oils are not used within 
their territory if their sul phur content exceeds 1 % by mass. 
2. Until 31 December 2015, subject to appr opriate monitoring of emissions by 
competent authorities the requirement set out in paragraph 1 shall not apply to heavy fuel oils used: 
(a) in combustion plants which fall within the scope of Directive 
2001/80/EC of the European Parliament and of the Council
*, which 
are subject to Article 4(1), 4(2) or 4(3)(a) of that Directive and 
which comply with the emission limits for sulphur dioxide for such plants as set out in that Directive; 
(b) in combustion plants which fall within the scope of Directive 
2001/80/EC, which are subject to Arti cle 4(3)(b) and 4(6) of that 
Directive and the monthly average sulphur dioxide emissions of which do not exceed 1 700 mg/Nm³ at an oxygen c ontent in the 
flue gas of 3 % by volume on a dry basis; 
(c) in combustion plants which do no t fall under points (a) or (b), and 
the monthly average sulphur diox ide emissions of which do not 
exceed 1 700 mg/Nm³ at an oxygen content in the flue gas of 3 % 
by volume on a dry basis; 
(d) for combustion in refineries , where the monthly average of 
emissions of sulphur dioxide aver aged over all combustion plants 
in the refinery, irrespective of the type of fuel or fuel combination 
used, but excluding plants which fa ll under points (a) and (b), gas 
turbines and gas engines, do not exceed 1 700 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis.  
As from 1 January 2016, subject to a ppropriate monitoring of emissions by 
competent authorities the requirement set out in paragraph 1 shall not apply to heavy fuel oils used: 
(a) in combustion plants which fall within the scope of Chapter III of 
Directive 2010/75/EU of the Eur opean Parliament and of the 
Council
 **, and which comply with the emission limits for sulphur 
dioxide for such plants as set out in Annex V of that Directive or, 
where those emission limit values are not applicable according to that Directive, for which the monthly average sulphur dioxide 
emissions do not exceed 1 700 mg/Nm³ at an oxygen content in the flue gas of 3 % by volume on a dry basis; 
(b) in combustion plants which do not fall under point  (a), and the 
monthly average sulphur dioxide em issions of which do not exceed 
1 700 mg/Nm3 at an oxygen content in the flue gas of 3 % by 
volume on a dry basis; 
                                                
 
* OJ L 309, 27.11.2001, p.1. 
** OJ L 334, 17.12.2010, p. 17.  
EN 13   EN (c) for combustion in refineries , where the monthly average of 
emissions of sulphur dioxide aver aged over all combustion plants 
in the refinery, irrespective of the type of fuel or fuel combination 
used, but excluding plan ts falling under point (a), gas turbines and 
gas engines, do not exceed 1 700 mg/Nm3 at an oxygen content in 
the flue gas of 3 % by volume on a dry basis. 
Member States shall take the necessa ry measures to ensure that any 
combustion plant using heavy fuel oil with  a sulphur concentr ation greater than 
that referred to in paragraph 1 is no t operated without a permit issued by a 
competent authority, which specifies the emission limits.' 
(b) paragraph 3 is deleted. 
4. The following Article 3a is inserted: 
'Article 3a 
Maximum sulphur content in marine fuel 
Member States shall ensure that mari ne fuels are not used or placed on the 
market within their territory if thei r sulphur content exceeds 3.5 % by mass.' 
5. Article 4(1) is replaced by the following: 
'1. Member States shall ensure that gas oils are not used w ithin their territory if their 
sulphur content exceeds 0.10 % by mass.' 
6. Article 4a is amended as follows: 
(a) the title is replaced by the following : 
'Maximum sulphur content of marine fuel s used in territor ial seas, exclusive 
economic zones and pollution control zone s of Member States, including SOx 
Emission Control Areas and by passenger ships operating on regular services to or from Union ports'  
(b) paragraph 1 is replaced by the following: 
'1. Member States shall take all necessary  measures to ensure that marine fuels 
are not used in the areas of their terr itorial seas, exclusive economic zones and 
pollution control zones falling within SOx Emission Control Areas if the 
sulphur content of those fuels by mass exceeds: 
(a) 1.00 % until 31 December 2014; 
(b) 0.10 % as from 1 January 2015.  
This paragraph shall apply to all vessels  of all flags, including vessels whose 
journey began outside the Union. 
(c) the following paragraph 1a is inserted:  
EN 14   EN '1a. Member States shall take all nece ssary measures to ensure that marine 
fuels are not used in the areas of their territorial seas, excl usive economic zones 
and pollution control zones if the su lphur content of those fuels by mass 
exceeds: 
(a) 3.50 % as of 1 January 2012; 
(b) 0.50 % as from 1 January 2020. 
The Commission shall be empowered to adopt delegated acts in accordance 
with Article 9a of this Directive concerning the date  from which the sulphur 
standard laid down in point (b ) of this paragraph applies.  Based on the 
assessment by the IMO of the availability of marine fuel to comply with the maximum sulphur content of fuel of 0.50% by mass, referred to in Regulation 
14(8) of Annex VI of MARPOL, this da te shall be 1 January 2020 or 1 January 
2025.   
This paragraph shall apply to all vessels  of all flags, including vessels whose 
journey began outside of the Union, w ithout prejudice to paragraphs 1 and 4 
and Article 4b.' 
(d) paragraph 2 is replaced by the following: 
'The Commission shall be empowered to adopt delegated acts in accordance 
with Article 9a of this Directive concerning the desi gnation of sea areas as SOx 
Emission Control Areas on the basis of the decision of the IMO in accordance 
with Regulation 14(3)(2) of  Annex VI to MARPOL.' 
(e) paragraphs 4, 5 and 6 are replaced by the following: 
'4. Member States shall take all necessary  measures to ensure that marine fuels 
are not used in their terr itorial seas, exclusive ec onomic zones and pollution 
control zones falling outside SOx Emi ssion Control Areas by passenger ships 
operating on regular services to or from  any Union port if the sulphur content 
of those fuels by mass exceeds:  
(c) 1.5 %; 
(d) 0.10 % as from 1 January 2020. 
5. Member States shall require the co rrect completion of  ships' logbooks, 
including fuel-changeover operations, as a condition of ships'  entry into Union 
ports. 
6. Member States shall, in accordance with Regulation 18 of Annex VI to 
MARPOL: 
(a) maintain a publicly available register of local suppliers of marine fuel; 
(b) ensure that the sulphur content of all ma rine fuels sold in their territory is 
documented by the supplier on a bunker delivery note, accompanied by a sealed sample signed by the repres entative of the receiving ship;  
EN 15   EN (c) take action against marine fuel supplie rs that have been found to deliver 
fuel that does not comply with th e specification stated on the bunker 
delivery note; 
(d) ensure that remedial action is take n to bring any non-compliant marine 
fuel discovered into compliance.' 
(e) paragraph 8 is deleted. 
7. Articles 4b and 4c are replaced by the following: 
'Article 4b 
Maximum sulphur content of marine fuels used by ships at berth in Union ports 
1. Member States shall take all necessary measures to ensure that the following 
vessels do not use marine fuels with a sulphur content ex ceeding 0.10 % by 
mass: 
(b) ships at berth in Union ports, a llowing sufficient time for the crew to 
complete any necessary fuel-change over operation as soon as possible 
after arrival at berth and as late as possible before departure. 
Member States shall require the time of any fuel-changeover operation to be 
recorded in ships' logbooks. 
2. Paragraph 1 shall not apply: 
(a) whenever, according to published timetables, ships are due to be at berth 
for less than two  hours; 
(d) to ships which switch off all engines and use shore-side electricity while 
at berth in ports. 
3. Member States shall ensure that marine  gas oils are not placed on the market 
in their territory if the sulphur conten t of those marine gas oils exceeds 0.10 % 
by mass.  
'Article 4c  
Emission abatement methods 
1. Member States shall allow the us e of emission abatement methods by 
ships of all flags in their ports, territ orial seas, exclusive economic zones and 
pollution control zones, as an alternativ e to using marine fuels that meet the 
requirements of Articles 4a and 4b, subjec t to the provisions of paragraphs 2 
and 3.  
2. Ships using the emission abatement methods referred to in paragraph 1 
shall continuously achieve reductions of sulphur dioxide emissions that are at 
least equivalent to the reductions that would be achieved by using marine fuels  
EN 16   EN that meet the requirements of Articles 4a and 4b. The sulphur dioxide emissions 
resulting from the use of the emission ab atement methods shall not exceed the 
limit values set out in Annex 1. 
3. The emission abatement methods referred to in paragraph 1 shall comply 
with the criteria specified in the inst ruments referred to in Annex 2.1, unless 
superseded or supplemented by the criteria set out in Annex 2.2.  
4. The Commission shall be empowered  to adopt delegated acts in 
accordance with Article 9a concerning: 
– the amendment or the supplementation of  the values set out in Annex 1; 
– the amendment or the supplementation of the list of instruments referred 
to in Annex 2.1;  
– the establishment, the amendment or the supplementation of the criteria 
referred to in Annex 2.2; and 
– detailed requirements for monitoring of emissions, where relevant.  
The Commission shall take into account, in ter alia, scientific and technological 
progress as well as the relevant instruments and standards adopted by the International Maritime Organisation.' 
8. The following Articles 4d and 4e are inserted: 
'Article 4d 
Approval of emission abatement methods for use on board ships flying the flag 
of a Member State 
1. Emission abatement methods falling w ithin the scope of Council Directive 
96/98/EC
* shall be approved in accordance  with the provisions of that 
Directive. 
2. Emission abatement methods not covered by paragraph 1 shall be approved 
in accordance with the procedure referred to in Article 3(2) of Regulation 
2099/2002/EC of the European Parliament  and of the Council of 5 November 
2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)
**, taking into account:  
(a) guidelines developed by the IMO; 
(b) results of any trials c onducted under Article 4e; 
                                                 
* OJ L 241, 29.8.1998, p. 27. 
** OJ L 324, 29.11.2002, p. 1.  
EN 17   EN (c) effects on the environment, includi ng achievable emission reductions, 
and impacts on ecosystems in enclosed ports, harbours and estuaries; 
(d) feasibility of monitoring and verification.' 
'Article 4e 
Trials of new emission abatement methods 
Member States may, in cooperation with other Member States, as appropriate, 
approve trials of ship emission abatem ent methods on vessels flying their flag, 
or in sea areas within their jurisdiction. During those trials, the use of marine 
fuels meeting the requirements of Articles 4a and 4b shall not be mandatory, provided that all of the following conditions are fulfilled: 
(1) the Commission and any port State conc erned are notified in  writing at least 
six months before trials begin; 
(2) permits for trials do not exceed 18 months in duration; (3) all ships involved in stall tamper-proof equi pment for the continuous 
monitoring of funnel gas emissions a nd use it throughout the trial period; 
(4) all ships involved achieve emission re ductions which are at least equivalent 
to those which would be achieved th rough the limits on sulphur in fuel 
specified in this Directive; 
(5) there are proper waste manageme nt systems in place for any waste 
generated by the emission abatement methods throughout the trial period; 
(6) there is an assessment of impacts on the marine e nvironment, particularly 
ecosystems in enclosed ports, harbours  and estuaries th roughout the trial 
period; 
(7) full results are provided to the Co mmission, and made publicly available, 
within six months of th e end of the trials.' 
9. Article 6 is amended as follows: 
(a) paragraph 1 is replaced by the following: 
'1. Member States shall ta ke all necessary measures to check by sampling that 
the sulphur content of fuel s used complies with Articles 3, 3a, 4, 4a and 4b. 
The sampling shall commence on the date on which the relevant limit for maximum sulphur content in the fuel come s into force. It shall be carried out 
with sufficient frequency and in such a way that the samples are representative of the fuel examined, and in the case of marine fuel, of the fuel being used by 
vessels while in relevant sea areas and ports. 
Each of the following means of sampling, analysis and inspection of marine fuel 
shall be used:  
EN 18   EN (a) sampling of the marine fuel for on-board combustion while being delivered 
to ships, in accordance with the Guidelines for the sampling of fuel oil for determination of compliance wi th the revised MARPOL Annex VI
*, 
and analysis of its sulphur content; 
(b) sampling and analysis of the sulphur content of marine fuel for onboard 
combustion contained in tanks and in sealed bunker samples on board ships; 
(c) inspection of ships' log books and bunker delivery notes. The Commission shall be empowered to adopt delegated acts in accordance 
with Article 9a concerning: 
(i) the frequency of sampling;  (ii) the sampling methods; (iii) the definition of a sample representative of the fuel examined; (iv) the information to be included in ships' log books and bunker delivery 
notes.' 
(b) paragraph 1a is deleted. (c) paragraph 2 is replaced by the following:  
'2. The reference method adopted for determining the sulphur content shall be 
ISO method 8754 (2003). 
In order to determine whether marine fu el delivered to and used on board ships 
is compliant with the sulphur limits required by Articles 3, 3a, 4, 4a and 4b the Fuel Verification Procedure for MARPOL Annex VI Fuel Oil Samples
** shall 
be used.' 
10. Article 7 is amended as follows: 
(a) paragraph 1 is replaced by the following: 
'1. Each year by 30 June, Member States sh all, on the basis of the results of the 
sampling, analysis and inspections carri ed out in accordance with Article 6, 
submit a report to the Commission on the compliance with the sulphur standards set out in this Dir ective for the preceding year.' 
(b) the following paragraph 1a is inserted: 
                                                
 
* Resolution MEPC.182(59), adopted on 17.07.2009. 
** Appendix VI to Resolution MEPC.176(58) adopted on 10 October 2008 (Revised MARPOL Annex 
VI).  
EN 19   EN '1a. The Commission shall be empowered to adopt delegated acts in accordance 
with Article 9a concerning the information to be included in the report and the format of the report.'  
(c) paragraphs 2 and 3 are deleted. (d) paragraph 4 is replaced by the following: 
'4. The Commission shall be empower ed to adopt delegated acts in 
accordance with Article 9a concerning the adaptations of Article 2, points 1, 2, 
3, 3a, 3b and 4, Article 6 paragraph 1(a) and (2) to scientific and technical 
progress.' 
11. Article 8 is deleted. 12. Article 9 is deleted. 13. The following Article 9a is inserted: 
'Article 9a 
Exercise of the delegation 
1. The power to adopt delegated acts is conferred on the Comm ission subject to the 
conditions laid down in this Article.  
2. The delegation of power referred to in Articles 4a(1a) and (2), 4c(4), 6(1), 7(1a) 
and 7(4) shall be conferred on the Commission for an indeterminate period of time from [ the date of entry into force of this Directive] . 
3. The delegation of power referred to in Articles 4a(1a) and (2), 4c(4), 6(1), 7(1a) 
and 7(4) may be revoked at any time by the European Parliament or by the 
Council. A decision of revocation shall put an end to the delegation of the 
powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union  or at a 
later date specified therein. It shall not affect the validity of any delegated acts 
already in force. 
4. As soon as it adopts a delegated act, the Commission shall notify it 
simultaneously to the European Pa rliament and to the Council.  
5. A delegated act adopted pursuant to Artic les 4a(1a) and (2), 4c(4), 6(1), 7(1a) 
and 7(4) shall enter into fo rce only if no objection has been expressed either by 
the European Parliament or the Counc il within a period of 2 months of 
notification of that act to the European Parliament and the Council or if, before 
the expiry of that period, the European  Parliament and the Council have both 
informed the Commissi on that they will not object. That period shall be extended 
by 2 months at the initiati ve of the European Par liament or the Council.' 
14. The Annex to Directive 1999/32/EC is repl aced by the Annex to this Directive.  
EN 20   EN Article 2 
Transposition 
1. Member States shall bring into force the laws, regulations and administrative 
provisions necessary to comply with this Directive by [ 12 months after the entry into 
force of this Directive ] at the latest. They shall forthwith communicate to the 
Commission the text of those provisions  and a correlation table between those 
provisions and this Directive. 
When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determin e how such reference is to be made. 
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
Article 3 
Entry into force 
This Directive shall enter into force on the tw entieth day following that of its publication in 
the Official Journal of  the European Union . 
Article 4 
This Directive is addressed to the Member States. 
Done at […], 
For the European Parliament For the Council 
The President The President  
EN 21   EN ANNEX  
'ANNEX 1 
Maximum emission values for abatement me thods as referred to in Article 4c(2) 
 Marine fuel sulphur limits referred to in Ar ticles 4a and 4b and Regulations 14.1 and 14.4 of 
Annex VI of MARPOL and corresponding emission limit values referred to in Article 4c(2) 
Marine fuel Sulphur Content (% m/m)  Ratio Emission SO2(ppm)/CO2(% v/v) 
4.50  195.0 
3.50  151.7 
1.50 65.0 
1.00  43.3 
0.50  21.7 
0.10 4.3 
Note: -The use of the Ratio Emissions limits is only applicable  when using petroleum based Distillate or Residual Fuel Oils.  
 - In the case of exhaust gas cleaning systems that absorb CO2 during the exhaust gas cleaning process it is necessary to measu re the 
 CO2 prior to the cleaning process and use the CO2 concentration before cleaning with  the SO2 concentration after cleaning.'   
EN 22   EN 'ANNEX 2 
Criteria for the use of emission abatem ent methods referred to in Article 4c(3) 
1. The emission abatement methods referred to in Arti cle 4c shall comply at least with the criteria 
specified in the following in struments, as applicable: 
Emission abatement method The relevant Commission decision 
Mixture of marine fuel and boil-off gas Commission Decision 2010/769/EU of 13 December 2010 on the 
establishment of criteria for the use by liquefied natural gas carriers 
of technological methods as an alternative to using low sulphur 
marine fuels meeting the requirements of Article 4b of Council 
Directive 1999/32/EC relating to a reduction in the sulphur content 
of certain liquid fuels as amended by Directive 2005/33/EC of the European Parliament and of the C ouncil on the sulphur content of 
marine fuels (OJ L 328, 14.12.2010, p. 15). 
Exhaust gas cleaning systems  IMO RESOLUTION MEPC.184(59) adopted on 17 July 2009  
2. Ships using emission abatement methods in accordance with Article 4c shall: 
– continuously monitor and record the emissions of sulphur dioxide, and 
– document thoroughly that any waste streams discharg ed into the sea, incl uding enclosed ports, 
harbours and estuaries have no significant nega tive impacts on and do not pose risks to human 
health and the environment.'