# EUR-Lex - 52011PC0566 - EN

*|*

# 52011PC0566

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers /* COM/2011/0566 final - 2011/0243 (COD) */**

			*

			*

EXPLANATORY MEMORANDUM

1.           On 1 April 1987 the Commission
decided[1]
to instruct its staff that all acts should be codified after no more
than ten amendments, stressing that this is a minimum requirement and that
departments should endeavour to codify at even shorter intervals the texts for
which they are responsible, to ensure that their provisions are clear and
readily understandable.

2.           The codification of
Regulation (EC) No 417/2002 of the European Parliament and of the Council
of 18 February 2002 on the accelerated phasing-in of double-hull or equivalent
design requirements for single-hull oil tankers and repealing Council
Regulation (EC) No 2978/94[2]
has been initiated by the Commission. The new Regulation was to have
superseded the various acts incorporated in it[3].

3.           In the meantime the Lisbon Treaty
entered into force. Article 290 of the Treaty on the Functioning of the
European Union allows the legislator to delegate to the Commission the power to
adopt non-legislative acts of general application to supplement or amend
certain non-essential elements of a legislative act. Legal acts adopted by the
Commission in this way are referred to in the terminology used by the new
Treaty as "delegated acts" (Article 290(3)).

4.           Regulation (EC) No 417/2002
contains a provision with regard to which such a delegation of power would be
opportune. It is therefore appropriate to transform the codification of Regulation (EC)
No 417/2002 into a recast in order to incorporate the necessary
amendments.

5.           The recast proposal was
drawn up on the basis of a preliminary consolidation, in all official
languages, of Regulation (EC) No 417/2002 and the instruments amending it,
carried out by the Publications Office of the European Union, by means of a
data-processing system. Where the Articles have been given new numbers, the
correlation between the old and the new numbers is shown in a table set out in
Annex II to the recast Regulation.

ê 417/2002
(adapted)

2011/0243 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on the accelerated phasing-in of
double-hull or equivalent design requirements for single-hull oil tankers

(Recast)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article Ö 100 Õ (2) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[4],

Having regard to the opinion of the
Committee of the Regions[5],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

ò new

(1)
Regulation (EC) No
417/2002 of the European Parliament and of the Council of 18 February 2002
on the accelerated phasing-in of double-hull or equivalent design requirements
for single-hull oil tankers and repealing Council Regulation (EC) No 2978/94[6] has been substantially amended
several times[7].
Since
further amendments are to be made, it should be recast in the interests of
clarity.

ê 417/2002
recital 1 (adapted)

(2)
Within the framework of the common transport
policy, measures Ö should Õ be taken to
enhance safety and prevent pollution in maritime transport.

ê 417/2002
recital 2 (adapted)

(3)
The Ö Union Õ is seriously
concerned by the shipping accidents involving oil tankers and the associated
pollution of its coast-lines and harm to its fauna and flora and other marine
resources.

ê 417/2002
recital 3

(4)
In its communication 'a common policy on safe
seas, the Commission underlined the request of the extraordinary Council on
Environment and Transport of 25 January 1993 to support the action in
the International Maritime Organisation (IMO) on the reduction of the safety
gap between new and existing ships by upgrading and/or phasing out existing
ships.

ê 417/2002
recital 4

(5)
In its Resolution on a common policy on safe
seas[8], the European Parliament
welcomed the Commission communication and called in particular for action to be
taken to improve tanker safety standards.

ê 417/2002
recital 5

(6)
By its Resolution of 8 June 1993 on a common policy
on safe seas[9],
the Council fully supported the objectives of the Commission communication.

ê 417/2002
recital 6

(7)
In its Resolution on the oil slick off the
French coast adopted on 20 January 2000, the European Parliament welcomed any
efforts by the Commission to bring forward the date by which oil tankers will
be obliged to have a double-hull construction.

ê 1726/2003
recital 9

(8)
The European Parliament in its Resolution on the 'Prestige'
oil tanker disaster off the coast of Galicia of 21 November 2002 called for stronger measures that can enter into
force more rapidly, and stated that this new disaster has again underlined the
need for effective action at international and EU level in order significantly to improve maritime safety.

ê 417/2002
recital 7

(9)
TheIMO has established, in the International
Convention for the Prevention of Pollution from Ships, 1973 and the Protocol of
1978 related thereto (MARPOL 73/78), internationally agreed pollution
prevention rules affecting the design and operation of oil tankers. Member
States are Parties to MARPOL 73/78.

ê 417/2002
recital 8

(10)
According to Article 3.3 of MARPOL 73/78, that
Convention does not apply to warships, naval auxiliary or other ships owned or
operated by a State and used only for government non-commercial services.

ê 417/2002
recital 9

(11)
Comparison of tanker age and accident statistics
shows increasing accident rates for older ships. It has been internationally
agreed that the adoption of the 1992 amendments to MARPOL 73/78 requiring the
application of the double-hull or equivalent design standards to existing
single-hull oil tankers when they reach a certain age will provide those
tankers with a higher degree of protection against accidental oil pollution in
the event of collision or stranding.

ê 417/2002
recital 10 (adapted)

(12)
It is in the Ö Union's Õ interest to
adopt measures to ensure that oil tankers entering into ports and offshore terminals
Ö or
anchoring in an area Õ under the
jurisdiction of Member States and oil tankers flying the flags of Member States
comply with Regulation Ö 20 Õ of Annex I of
MARPOL 73/78 as revised in Ö 2004 Õ by Resolution
MEPC Ö 117(52) adopted
by the IMO's Marine Environment Protection Committee (MEPC) Õ in order to
reduce the risk of accidental oil pollution in European waters.

ê 457/2007 recital
4 (adapted)

(13)
Ö Resolution
MEPC 114(50), adopted on 4 December 2003, introduced a new Regulation 21 into
Annex I to MARPOL 73/78 on the prevention of oil pollution from oil tankers
when carrying heavy grade oil (HGO) which bans the carriage of HGO in
single-hull tankers. Õ Paragraphs 5,
6 and 7 of Regulation Ö 21 Õ provide for
the possibility of exemptions from the application of certain provisions of Ö that Õ Regulation.
The statement by the Italian Presidency of the European Council on behalf of
the European Union, recorded in the official report of the MEPC on its fiftieth
session (MEPC 50/3), expresses a political commitment to refrain from making
use of these exemptions.

ê 417/2002 recital
11 (adapted)

(14)
Amendments to MARPOL 73/78 adopted by the IMO on
6 March 1992 entered into force on 6 July 1993. These measures impose
double-hull or equivalent design requirements for oil tankers delivered on or after
6 July 1996 aimed at preventing oil pollution in the event of collision or
stranding. Within these amendments, a phasing-out scheme for single-hull oil
tankers delivered before that date took effect from 6 July 1995
requiring tankers delivered before 1 June 1982 to comply with the double-hull
or equivalent design standards not later than 25 years and, in some cases, 30
years after the date of their delivery. Such existing single-hull oil tankers
would not be allowed to operate beyond Ö 2005 Õ and, in some
cases, 2012 unless they comply with the double-hull or equivalent design
requirements of Regulation Ö 19 Õ of Annex I of
MARPOL 73/78. For existing single-hull oil tankers delivered after 1 June 1982
or those delivered before 1 June 1982 and which have been converted to comply
with the requirements of MARPOL 73/78 on segregated ballast tanks and their
protective location, this deadline will be reached at the latest in 2026.

ê 417/2002
recital 12 (adapted)

(15)
Important amendments to Regulation Ö 20 Õ of Annex I of
MARPOL 73/78 were adopted on 27 April 2001 by the 46th session
of the MEPC by Resolution MEPC 95(46) Ö and on 4
December 2003 by Resolution MEPC 111(50) Õ in which a new
accelerated phasing-out scheme for single-hull oil tankers was introduced. The
respective final dates by which tankers must comply with Regulation Ö 19 Õ of Annex I of
MARPOL 73/78 depend on the size and age of the ship. Oil tankers in that scheme
are therefore divided into three categories according to their tonnage,
construction and age. All these categories, including the lowest one, Ö Category Õ 3, are
important for trade Ö within
the Union Õ .

ê 417/2002
recital 13 (adapted)

(16)
The final date by which a single-hull oil tanker
is to be phased out is the anniversary of the date of delivery of the ship,
according to a schedule starting in 2003 until Ö 2005 Õ for Category 1
oil tankers, and until Ö 2010 Õ for Category 2
and 3 oil tankers.

ê 417/2002
recital 15 (adapted)

(17)
Regulation Ö 20 of
Annex I to MARPOL 73/78 Õ introduces a
requirement that Ö all
single-hull Õ oil tankers
may only continue to operate subject to compliance with a Condition Assessment
Scheme (CAS), adopted on 27 April 2001 by Resolution MEPC 94(46) Ö as
amended by Resolution MEPC 99(48) of 11 October 2002 and by Resolution MEPC
112(50) of 4 December 2003 Õ. The CAS
imposes an obligation that the flag State administration issues a Statement of
Compliance and is involved in the CAS survey procedures. Ö The CAS
is designed to detect structural weaknesses in ageing oil tankers and should
apply to all oil tankers above the age of 15 years. Õ

ê 417/2002 recital
16 (adapted)

(18)
Regulation Ö 20.5 of
Annex I to MARPOL 73/78 Õ allows for an
exception for Category 2 and 3 oil tankers to operate, under certain
circumstances, beyond the time-limit of their phasing-out. Regulation Ö 20.8.2 of
the same Annex Õ gives the
right for Parties to MARPOL 73/78 to deny entry into the ports or offshore
terminals under their jurisdiction to oil tankers allowed to operate under this
exception. Member States have declared their intention to use this right.
Decision to have recourse to this right Ö should Õ be
communicated to the IMO.

ê 417/2002
recital 17

(19)
It is important to ensure that the provisions in
this Regulation do not endanger the safety of crew or oil tankers in search of
a safe haven or a place of refuge.

ê 417/2002
recital 18

(20)
In order to allow shipyards in Member States to
repair single-hull oil tankers, Member States may make exceptions to allow
entry into their ports of such vessels, provided they are not carrying any
cargo.

ê 219/2009
Art 1, Annex pt. 7.4

ð new

(21)
ð The Commission should be empowered
to adopt delegated acts in accordance with Article 290 of the Treaty for
the purpose of amending ï certain references to the relevant Regulations in MARPOL 73/78 and to
Resolutions MEPC 111(50) and 94(46), in order to align the references with
amendments to those Regulations and Resolutions adopted by theIMO, in so far as
such amendments do not broaden the scope of this Regulation, Since those measures are of general scope and are
designed to amend non-essential elements of Regulation (EC) No 417/2002, they
must be adopted in accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC.[10]

ê 417/2002
(adapted)

è1 1726/2003 Art. 1 pt. 1

HAVE ADOPTED THIS REGULATION:

Article 1

Purpose

The purpose of this Regulation is to
establish an accelerated phasing-in scheme for the application of the double-hull
or equivalent design requirements of MARPOL 73/78 Ö , as
defined in Article 3, Õ to single-hull
oil tankers è1 , and to ban the transport to or from ports of the
Member States of heavy grades of oil in single-hull oil tankers ç .

Article 2

Scope

ê 1726/2003
Art. 1 pt. 2 (adapted)

1. This Regulation shall apply to oil tankers
of 5 000 tonnes deadweight and above:

Ö (a)    which
fly the flag of a Member State; Õ

Ö (b)    irrespective
of their flag, which enter or leave a port or offshore terminal or anchor in an
area under the jurisdiction of a Member State. Õ

For the purpose of Article 4(3), this
Regulation shall apply to oil tankers of 600 tonnes deadweight and above.

ê 417/2002

2. This Regulation shall not apply to any
warship, naval auxiliary or other ship, owned or operated by a State and used,
for the time being, only on government non-commercial service. Member States
shall, so far as is reasonable and practicable, endeavour to respect this
Regulation for the ships referred to in this paragraph.

ê 1163/2009
Art. 1 pt. 1

Article 3

Definitions

For the purpose of this Regulation, the
following definitions shall apply:

1.           'MARPOL 73/78' means the
International Convention for the Prevention of Pollution from Ships, 1973, as
amended by the Protocol of 1978 relating thereto, in their up-to-date versions;

2.           'oil tanker' means an oil
tanker as defined in Regulation 1.5 of Annex I to MARPOL 73/78;

3.           'deadweight' means
deadweight as defined in Regulation 1.23 of Annex I to MARPOL 73/78;

4.           'Category 1 oil tanker'
means an oil tanker of 20 000 tonnes deadweight or above and carrying
crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo or of
30 000 tonnes deadweight or above and carrying oil other than the above
and which does not comply with the requirements in Regulations 18.1 to 18.9,
18.12 to 18.15, 30.4, 33.1, 33.2, 33.3, 35.1, 35.2 and 35.3 of Annex I to MARPOL
73/78;

5.           'Category 2 oil tanker'
means an oil tanker of 20 000 tonnes deadweight or above and carrying
crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo or of
30 000 tonnes deadweight or above and carrying oil other than the above
and which complies with the requirements in Regulations 18.1 to 18.9, 18.12 to
18.15, 30.4, 33.1, 33.2, 33.3, 35.1, 35.2 and 35.3 of Annex I to MARPOL 73/78
and is fitted with segregated ballast tanks protectively located (SBT/ PL);

6.           'Category 3 oil tanker'
means an oil tanker of 5 000 tonnes deadweight or above but less than that
specified in definitions 4 and 5;

7.           'single-hull oil tanker'
means an oil tanker which does not comply with the double-hull or equivalent
design requirements in Regulations 19 and 28.6 of Annex I to MARPOL 73/78;

8.           'double-hull oil tanker'
means an oil tanker:

(a)     of 5 000 tonnes deadweight or
above, complying with the double-hull or equivalent design requirements in
Regulations 19 and 28.6 of Annex I to MARPOL 73/78 or the requirements in
Regulation 20.1.3 thereof; or

(b)     of 600 tonnes deadweight or above but
less than 5 000 tonnes deadweight, fitted with double-bottom tanks or
spaces complying with Regulation 19.6.1 of Annex I to MARPOL 73/78 and wing
tanks or spaces arranged in accordance with Regulation 19.3.1 thereof and
complying with the requirement as to distance w in Regulation 19.6.2
thereof;

9.           'age' means the age of the
ship, expressed in number of years from its date of delivery;

10.         'heavy diesel oil' means
diesel oil as defined in Regulation 20 of Annex I to MARPOL 73/78;

11.         'fuel oil' means heavy
distillates of crude oil or residues therefrom or blends of such materials as
defined in Regulation 20 of Annex I to MARPOL 73/78;

12.         'heavy grades of oil'
means:

(a)     crude oils of a density at 15°C of
over 900 kg/m3[11];

(b)     oils other than crude oils and of a
density at 15°C of over 900 kg/m3 or a kinematic viscosity at 50°C
of over 180 mm2/s[12];

(c)     bitumen and tar and emulsions thereof.

ê 417/2002 (adapted)

Article 4

Compliance with the double-hull or equivalent design requirements by single-hull oil
tankers

1. No oil tanker shall be allowed to
operate under the flag of a Member State, nor shall any oil tanker,
irrespective of its flag, be allowed to enter into ports or offshore terminals
under the jurisdiction of a Member State unless such tanker is a double-hull
oil tanker.

ê 1726/2003
Art. 1 pt. 4(c) (adapted)

è1 1163/2009 Art. 1(2)

2. Notwithstanding paragraph 1, oil tankers
of Category 2 or 3 which are equipped only with double bottoms or double sides
not used for the transport of oil and extending for the whole length of the
cargo tank, or with double-hulled spaces not used for the transport of oil and
extending for the whole length of the cargo tank, but which do not meet the
conditions for exemption from the provisions of è1 Regulation 20.1.3 of Annex I to MARPOL 73/78 ç, may continue
to be operated, but not beyond the anniversary of the date of delivery of the
ship in the year 2015 or the date on which the ship reaches the age of 25
years from its date of delivery, whichever is the sooner.

ê 457/2007
Art. 1

3. No oil tanker carrying heavy grades of
oil shall be allowed to fly the flag of a Member State unless such tanker is a
double-hull oil tanker.

No oil tanker carrying heavy grades of oil,
irrespective of its flag, shall be allowed to enter or leave ports or offshore
terminals or to anchor in areas under the jurisdiction of a Member State,
unless such tanker is a double-hull oil tanker.

ê 1726/2003
Art. 1 pt. 4(e) (adapted)

4. Oil tankers operated exclusively in
ports and inland navigation may be exempted from the obligation under paragraph
3 provided that they are duly certified under inland waterway legislation.

ê 1726/2003
Art. 1 pt. 5 (adapted)

Article 5

Compliance with the Condition
Assessment Scheme

Irrespective of its flag, a single-hull oil
tanker above 15 years of age shall not be allowed to enter or leave ports or
offshore terminals or anchor in areas under the jurisdiction of a Member State unless
it complies with the Condition Assessment Scheme referred to in Article 6.

ê 1726/2003
Art. 1 pt. 6 (adapted)

è1 2172/2004 Art. 1 pt. 2

Article 6

Condition
Assessment Scheme

For the purposes of Article 5, the Condition
Assessment Scheme adopted by è1 Resolution MEPC 94(46) of 27 April 2001 as amended
by Resolution MEPC 99(48) of 11 October 2002 and by Resolution MEPC 112(50) of
4 December 2003 ç, shall apply.

ê 417/2002
(adapted)

è1 1163/2009 Art. 1(3)

Article 7

Final date

After the anniversary of the date of delivery
of the ship in 2015 Ö , the
following shall no longer be allowed: Õ

(a)          the continued operation, in
accordance with è1 Regulation 20.5 of Annex I to MARPOL 73/78 ç, of Category 2
and Category 3 oil tankers under the flag of a Member State;

(b)          the entry into the ports or
offshore terminals under the jurisdiction of a Member State of other Category 2
and Category 3 oil tankers, irrespective of the fact that they continue to
operate under the flag of a third State in accordance with è1 Regulation 20.5 of Annex I to MARPOL
73/78 ç .

Article 8

Exemptions for ships in difficulty
or for ships to be repaired

ê 1726/2003
Art. 1 pt. 7

By way of derogation from Articles 4, 5 and
7, the competent authority of a Member State may, subject to national
provisions, allow, under exceptional circumstances, an individual ship to enter
or leave a port or offshore terminal or anchor in an area under the
jurisdiction of that Member State, when:

ê 417/2002
(adapted)

è1 1163/2009
Art. 1(4)(a)(i)

è2 1163/2009
Art. 1(4)(a)(ii)

è3 1163/2009
Art. 1(4)(b)

(a)          an oil tanker is in difficulty
and in search of a place of refuge;

(b)          an unloaded oil tanker is
proceeding to a port of repair.

Article 9

Notification to the IMO

1. Each Member State shall inform the IMO
of its decision to deny entry to oil tankers, pursuant to Article 7 of this
Regulation, operating in accordance with è1 Regulation 20.5 of Annex I to MARPOL 73/78 ç into the ports
or offshore terminals under its jurisdiction, on the basis of è2 Regulation 20.8.2 of Annex I to MARPOL 73/78 ç .

2. Each Member State shall notify the IMO
if it allows, suspends, withdraws or declines the operation of a Category 1 or
a Category 2 oil tanker entitled to fly its flag, in accordance with Article 5,
on the basis of è3 Regulation 20.8.1 of Annex I to MARPOL 73/78 ç .

ê 417/2002

Article 10

Amendment procedure

ê 219/2009
Annex pt. 7.4.2 (adapted)

ð new

The Commission may ð adopt delegated acts in accordance
with Article 11 for the purpose of
amending ï the references in this Regulation to the Regulations of Annex I to
MARPOL 73/78, as well as to Resolutions MEPC 111(50) and 94(46) as amended by Resolutions
MEPC 99(48) and 112(50), in order to align the references with amendments to
those Regulations and Resolutions adopted by the IMO, in so far as such
amendments do not broaden the scope of this Regulation. Those measures, designed to amend non-essential
elements of this Regulation, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 10(2).

ê 2099/2002
Art. 11 pt. 3 (adapted)

The amendments to Ö MARPOL
73/78 Õ may be
excluded from the scope of this Regulation, pursuant to Article 5 of Regulation (EC)
No 2099/2002.

ò new

Article 11

Exercise
of the delegation

1. The powers to
adopt the delegated acts referred to in the first subparagraph of Article 10
shall be conferred on the Commission for an indeterminate period of time.

2. As soon as it
adopts a delegated act, the Commission shall notify it simultaneously to the
European Parliament and to the Council.

3. The powers to
adopt delegated acts are conferred on the Commission subject to the conditions
laid down in Articles 12 and 13.

Article 12

Revocation
of the delegation

1. The delegation
of powers referred to in the first subparagraph of Article 10 may be revoked at
any time by the European Parliament or by the Council.

2. The
institution which has commenced an internal procedure for deciding whether to
revoke the delegation of powers shall endeavour to inform the other institution
and the Commission within a reasonable time before the final decision is taken,
indicating the delegated powers which could be subject to revocation and
possible reasons for a revocation.

3. The decision
of revocation shall put an end to the delegation of the powers specified in
that decision. It shall take effect immediately or at a later date specified
therein. It shall not affect the validity of the delegated acts already in
force. It shall be published in the Official Journal of the European Union.

Article 13

Objections
to delegated acts

1. The European
Parliament and the Council may object to a delegated act within a period of two
months from the date of notification.

At the initiative
of the European Parliament or the Council that period shall be extended by one
month.

2. If, on expiry
of that period, neither the European Parliament nor the Council has objected to
the delegated act it shall be published in the Official Journal of the
European Union and shall enter into force at the date stated therein.

The delegated act
may be published in the Official Journal of the European Union and enter
into force before the expiry of that period if the European Parliament and the
Council have both informed the Commission of their intention not to raise
objections.

3. If the
European Parliament or the Council objects to a delegated act, it shall not
enter into force. The institution which objects shall state the reasons for
objecting to the delegated act.

ê 417/2002
(adapted)

Article 14

Repeal

Regulation (EC) No Ö 417/2002 Õ is repealed.

ê

References to the repealed Regulation shall
be construed as references to this Regulation and shall be read in accordance
with the correlation table in Annex II.

ê 417/2002
(adapted)

Article 15

Entry into force

This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.

This
Regulation shall be binding in its entirety and directly applicable in all
Member States.

Done at

For the European Parliament                       For
the Council

The
President                                                 The President

é

ANNEX I

Repealed Regulation with list of
its successive amendments
(referred to in Article 14)

Regulation (EC) No 417/2002 of the European Parliament and of the Council (OJ L 64, 7.3.2002, p. 1) || ||

|| Regulation (EC) No 2099/2002 of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 1) || Only Article 11

|| Regulation (EC) No 1726/2003 of the European Parliament and of the Council (OJ L 249, 1.10.2003, p. 1) ||

|| Commission Regulation (EC) No 2172/2004 (OJ L 371, 18.12.2004, p. 26) ||

|| Regulation (EC) No 457/2007 of the European Parliament and of the Council (OJ L 113, 30.4.2007, p. 1) ||

|| Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ L 87, 31.3.2009, p. 109) || Only point 7.4 of the Annex

|| Commission Regulation (EC) No 1163/2009 (OJ L 314, 1.12.2009, p. 13) ||

_____________

ANNEX II

Correlation Table

Regulation (EC) No 417/2002 || This Regulation

Article 1 || Article 1

Article 2(1), introductory words || Article 2(1), introductory words

Article 2(1), first subparagraph, first indent || Article 2(1), first subparagraph, point (b)

Article 2(1), first subparagraph, second indent || Article 2(1), first subparagraph, point (a)

Article 2(1), second subparagraph || Article 2(1), second subparagraph

Article 2(2) || Article 2(2)

Article 3 || Article 3

Article 4(1) introductory words || Article 4(1)

Article 4(1), point (a) || -

Article 4(1), point (b) || -

Article 4(2) || Article 4(2)

Article 4(3) || Article 4(3)

Article 4(4) || Article 4(4)

Article 4(5) || -

Article 4(6) || -

Article 5 || Article 5

Article 6 || Article 6

Article 7, introductory words || Article 7, introductory words

Article 7, first indent || Article 7(a)

Article 7, second indent || Article 7(b)

Article 7, final words || Article 7, introductory words

Article 8(1), introductory wording || Article 8, introductory wording

Article 8(1), first indent || Article 8(a)

Article 8(1), second indent || Article 8(b)

Article 8(2) || -

Article 9(1) || -

Article 9(2) || Article 9(1)

Article 9(3) || Article 9(2)

Article 10 || -

Article 11 || Article 10

- || Article 11

- || Article 12

- || Article 13

Article 12 || Article 14, first paragraph

- || Article 14, second paragraph

Article 13 || Article 15

- || Annex I

- || Annex II

_____________

[1]               COM(87) 868 PV.

[2]               OJ L 64, 7.3.2002, p. 1.

[3]               See Annex I to this proposal.

[4]               OJ C [...], [...], p. [...].

[5]               OJ C [...], [...], p. [...].

[6]               OJ L 64, 7.3.2002, p. 1.

[7]               See Annex I.

[8]               OJ C 91, 28.3.1994, p. 301.

[9]               OJ C 271, 7.10.1993, p. 1.

[10]             OJ L 184, 17.7.1999, p. 23.

[11]             Corresponding to an API grade
of less than 25,7.

[12]             Corresponding to a kinematic
viscosity of over 180 cSt.