2002R0417 — EN — 21.10.2003 — 002.001 — 1
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►B REGULATION (EC) No 417/2002 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL
of18February2002
on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil
tankersandrepealingCouncilRegulation(EC)No2978/94
(OJ L 64, 7.3.2002, p. 1)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 2099/2002 of the European Parliament and of the
Council of 5 November 2002L 324 1 29.11.2002
►M2Regulation (EC) No 1726/2003 of the European Parliament and of the
Council of 22 July 2003L 249 1 1.10.2003
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REGULATION(EC)No417/2002OFTHEEUROPEANPARLIA-
MENTANDOFTHECOUNCIL
of18February2002
on the accelerated phasing-in of double hull or equivalent design
requirements for single hull oil tankers and repealing Council
Regulation(EC)No2978/94
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 80(2) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social
Committee (2),
Having regard to the opinion of the Committee of the Regions (3),
Acting in accordance withth e procedure laid down in Article 251 of
the Treaty (4),
Whereas:
(1)Within the framework of the common transport policy, further
measures must be taken to enhance safety and prevent pollution
in maritime transport.
(2)The Community 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.
(3)In its communication ‘a common policy on safe seas’, theCommission underlined the request of the extraordinary Councilon Environment and Transport of 25 January 1993 to support theaction 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.
(4)In its Resolution on a common policy on safe seas (5), the
European Parliament welcomed the Commission communicationand called in particular for action to be taken to improve tankersafety standards.
(5)By its Resolution of 8 June 1993 on a common policy on safeseas(
6), the Council fully supported the objectives of the
Commission communication.
(6)In its Resolution on the oil slick off the French coast adopted on
20 January 2000, the European Parliament welcomed any effortsby the Commission to bring forward the date by which oiltankers will be obliged to have a double-hull construction.
(7)The International Maritime Organisation (IMO) has established,in the International Convention for the Prevention of Pollutionfrom 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. MemberStates are Parties to MARPOL 73/78.2002R0417 — EN — 21.10.2003 — 002.001 — 2
(1) OJ C 212 E, 25.7.2000, p. 121 and
OJ C 154 E, 29.5.2001, p. 41.
(2) OJ C 14, 16.1.2001, p. 22.
(3) OJ C 22, 24.1.2001, p. 19.
(4) Opinion of the European Parliament of 30 November 2000 (OJ C 228,
13.8.2001, p. 140), Council Common Position of 7 August 2001 (OJ C
307, 31.10.2001, p. 41) and Decision of the European Parliament of 13
December 2001.
(5) OJ C 91, 28.3.1994, p. 301.
(6) OJ C 271, 7.10.1993, p. 1.
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(8)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.
(9)Comparison of tanker age and accident statistics showsincreasing accident rates for older ships. It has been internation-ally agreed that the adoption of the 1992 amendments toMARPOL 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 ahigher degree of protection against accidental oil pollution in theevent of collision or stranding.
(10)It is in the Community's interest to adopt measures to ensure thatoil tankers entering into ports and offshore terminals under thejurisdiction of Member States and that oil tankers flying the
flags of Member States comply withRegulation 13G of Annex
I of MARPOL 73/78 as revised in 2001 by Resolution MEPC95(46) in order to reduce the risk of accidental oil pollution inEuropean waters.
(11)Amendments to the MARPOL 73/78 Convention adopted by theIMO on 6 March1992 entered into force on 6 July 1993. Th ese
measures impose double hull or equivalent design requirements
for oil tankers delivered on or after 6 July 1996 aimed atpreventing oil pollution in the event of collision or stranding.Within these amendments, a phasing-out scheme for single hulloil tankers delivered before that date took effect from 6 July1995 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 theirdelivery. Suchexisting single h ull oil tankers would not beallowed to operate beyond 2007 and, in some cases, 2012 unlessthey comply with the double hull or equivalent design require-
ments of Regulation 13F of Annex I of MARPOL 73/78. For
existing single hull oil tankers delivered after 1 June 1982 orthose delivered before 1 June 1982 and which are converted,complying withth e requirements of MARPOL 73/78 on segre-gated ballast tanks and their protective location, this deadlinewill be reached at the latest in 2026.
(12)New important amendments to Regulation 13G of Annex I of
MARPOL 73/78 were adopted on 27 April 2001 by the 46th
session of the IMO Marine Environment Protection Committee(MEPC-46) by Resolution MEPC 95(46), entering into force on1 September 2002, in which a new accelerated phasing-outscheme for single hull oil tankers was introduced. The respectivefinal dates by which tankers must comply with Regulation 13F
of Annex I of MARPOL 73/78 depend on the size and age of
the ship. Oil tankers are therefore in that scheme divided intothree categories according to their tonnage, construction andage. All these categories, including the lowest one (3), areimportant for intra-Community trade.
(13)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 2007 for Category(1) oil tankers, and until 2015 for Category (2) and (3) oiltankers.
(14)The revised Regulation 13G of Annex I of MARPOL 73/78maintains the requirements for Category (1) tankers, after 25years, to have wingtanks or double bottoms in protective loca-
tions not used for the carriage of cargo or to operate only with
hydrostatically balanced loading.
(15)That same Regulation introduces a requirement that Category (1)and (2) oil tankers may only continue to operate after the anni-versary of the date of their delivery in 2005 and 2010respectively subject to compliance witha Condition AssessmentScheme (CAS), adopted on 27 April 2001 by IMO in Resolution2002R0417 — EN — 21.10.2003 — 002.001 — 3
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MEPC 94(46). The CAS imposes an obligation that the flag
State administration issues a Statement of Compliance and isinvolved in the CAS survey procedures.
(16)Paragraph5 of th e said Regulation allows for an exception forCategory (2) and (3) oil tankers to operate, under certain circum-stances, beyond the time-limit of their phasing-out. Paragraph 8bof the same Regulation gives the right for Parties to the
MARPOL 73/78 Convention to deny entry into the ports or
offshore terminals under their jurisdiction of oil tankers allowedto operate under this exception. Member States have declaredtheir intention to use the right. Decision to have recourse to thisright has to be communicated to the IMO.
(17)It is important to ensure that the provisions in this Regulation donot endanger the safety of crew or oil tankers in search of a safehaven or a place of refuge.
(18)In order to allow shipyards in Member States to repair singlehull oil tankers, Member States may make exceptions to allowentry into their ports of such vessels, provided they are notcarrying any cargo.
(19)It should be possible to amend certain provisions of this Regula-
tion so as to bring them into line with international instruments
adopted, amended or entering into force after the entry into forceof this Regulation without broadening its scope. Such amend-ments should be adopted in accordance with Council Decision1999/468/EC of 28 June 1999 laying down the procedures for
the exercise of implementing powers conferred on the Commis-
sion(
1).
(20)In view of the approaching deadline for single hull oil tankerswhich do not comply with the requirements of MARPOL 73/78
on segregated ballast tanks and their protective location, and
given that this is most relevant for Category (1) tankers, thereare no reasons to maintain the differential charging system forwhich Regulation (EC) No 2978/94 (
2) provides between such
oil tankers and oil tankers that comply with the said require-ments beyond 2007, and therefore Regulation (EC) No 2978/94
should be repealed,
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 designrequirements of the MARPOL 73/78 Convention to single hull oil
tankers►
M2, and to ban the transport to or from ports of the
Member States of heavy grades of oil in single-hull oil tankers ◄.
Article 2
Scope
1. This Regulation shall apply to oil tankers of 5 000 tonnes dead-
weight and above:
— entering or leaving a port or offshore terminal or anchoring in an
area under the jurisdiction of a Member State, irrespective of theirflag, or2002R0417 — EN — 21.10.2003 — 002.001 — 4
(1) OJ L 184, 17.7.1999, p. 23.
(2) Council Regulation (EC) No 2978/94 of 21 November 1994 on the imple-
mentation of IMO Resolution A.747(18) on the application of tonnage
measurement of ballast spaces in segregated ballast oil tankers (OJ L 319,
12.12.1994, p. 1).▼M2
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— flying the flag of a Member State.
For the purpose of Article 4(3), this Regulation shall apply to oil
tankers of 600 tonnes deadweight and above.
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 Regula-tion for the ships referred to in this paragraph.
Article 3
Definitions
For the purpose of this Regulation, the following definitions shall
apply:
1. ‘Marpol 73/78’ means the International Convention for the Preven-
tion of Pollution from Ships, 1973, as amended by the Protocol of
1978 relating thereto, in their up-to-date versions;
2. ‘revised Regulation 13G of Annex I of MARPOL 73/78’ shall
mean the amendments to Regulation 13G of Annex I to MARPOL
73/78 and to the Supplement to the IOPP Certificate, as adopted by
Resolution MEPC 94(46) of 27 April 2001 which enters into forceon 1 September 2002;
3. ‘oil tanker’ shall mean an oil tanker as defined in Regulation 1(4)
of Annex I of MARPOL 73/78;
4. ‘deadweight’ shall mean deadweight as defined in Regulation 1(22)
of Annex I of MARPOL 73/78;
5. ‘new oil tanker’ shall mean a new oil tanker as defined in Regula-
tion 1(26) of Annex I of MARPOL 73/78;
6. ‘category (1) oil tanker’ shall mean an oil tanker of 20 000 tons
deadweight and above carrying crude oil, fuel oil, heavy diesel oil
or lubricating oil as cargo, and of 30 000 tons deadweight andabove carrying oil other than the above, which does not complywithth e requirements for new oil tankers as defined in Regulation1(26) of Annex I of MARPOL 73/78;
7. ‘category (2) oil tanker’ shall mean an oil tanker of 20 000 tons
deadweight and above carrying crude oil, fuel oil, heavy diesel oil
or lubricating oil as cargo, and of 30 000 tons deadweight andabove carrying oil other than the above, which complies with therequirements for new oil tankers as defined in Regulation 1(26) ofAnnex I of MARPOL 73/78;
8. ‘category (3) oil tanker’ shall mean an oil tanker of 5 000 tons
deadweight and above but less than that specified in definitions 6
and 7;
9. ‘single hull oil tanker’ shall mean an oil tanker not meeting the
double hull or equivalent design requirements of Regulation 13Fof Annex I of MARPOL 73/78;
10. ‘double-hull oil tanker’ shall mean an oil tanker meeting the
double-hull or equivalent design requirements of Regulation 13Fof Annex I to Marpol 73/78. An oil tanker meeting the provisionsof paragraph1(c) of revised Regulation 13G of Annex I to Marpol73/78 is also considered to be a double-hull oil tanker;
11. ‘age’ shall mean the age of the ship, expressed in number of years
after the date of its delivery;
12. ‘heavy diesel oil’ shall mean diesel oil as defined in revised Regu-
lation 13G of Annex I of MARPOL 73/78;2002R0417 — EN — 21.10.2003 — 002.001 — 5
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13. ‘fuel oil’ shall mean heavy distillates or residues from crude oil or
blends of suchmaterials as defined in revised Regulation 13G ofAnnex I of MARPOL 73/78;
14. ‘heavy grades of oil’ shall mean:
(a) crude oils witha density at 15 ºC of over 900 kg/m
3(1);
(b) fuel oils witha density at 15 ºC of over 900 kg/m3or a kine-
matic viscosity at 50 ºC of over 180 mm2/s (2);
(c) bitumen and tar and emulsions thereof.
Article 4
Compliancewiththedoublehullorequivalentdesignrequirements
bysinglehulloiltankers
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 after the anniversary of the date of delivery of theship in the year specified hereafter, unless such tanker is a double hulloil tanker:
(a) for category 1 oil tankers:
— 2003 for ships delivered in 1980 or earlier,
— 2004 for ships delivered in 1981,— 2005 for ships delivered in 1982 or later;
(b) for category 2 and 3 oil tankers:
— 2003 for ships delivered in 1975 or earlier,
— 2004 for ships delivered in 1976,
— 2005 for ships delivered in 1977,
— 2006 for ships delivered in 1978 and 1979,— 2007 for ships delivered in 1980 and 1981,— 2008 for ships delivered in 1982,— 2009 for ships delivered in 1983,
— 2010 for ships delivered in 1984 or later.
2. Notwithstanding paragraph 1, oil tankers of category 2 or 3 which
are equipped only withdouble bottoms or double sides not used for th e
transport of oil and extending for the whole length of the cargo tank, orwith double-hulled spaces not used for the transport of oil andextending for the whole length of the cargo tank, but which do notmeet the conditions for exemption from the provisions of paragraph
1(c) of revised Regulation 13G of Annex I to Marpol 73/78, may
continue to be operated after the date referred to in paragraph 1, butnot beyond the anniversary of the date of delivery of the ship in theyear 2015 or the date on which the ship reaches the age of 25 yearsfrom its date of delivery, whichever is the sooner.
3. 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.2002R0417 — EN — 21.10.2003 — 002.001 — 6
(1) Corresponding to an API grade of less than 25,7.
(2) Corresponding to a kinematic viscosity of over 180 cSt.▼M2
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4. Oil tankers operated exclusively in ports and inland navigation
may be exempted from the obligation under paragraph 3 provided thatthey are duly certified under inland waterway legislation.
5. Oil tankers with a deadweight of less than 5 000 tonnes must
comply with the provisions of paragraph 3 no later than the anniversary
of the date of delivery of the ship in the year 2008.
6. Until 21 October 2005 a Member State may, in cases where ice
conditions require the use of an ice-strengthened vessel, allow ice-
strengthened single-hull oil tankers, equipped with double bottoms not
used for the transport of oil and extending over the entire length of thecargo tank, carrying heavy grades of oil, to enter or leave a port oroffshore terminal or anchor in an area under the jurisdiction of thatMember State, provided that the heavy grades of oil are transported
only in the vessel's central tanks.
Article 5
Compliance with the condition assessment scheme for Category 2
and3ships
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 oranchor in areas under the jurisdiction of a Member State beyond theanniversary of the date of delivery of the ship, in 2005 for category 2and category 3 ships, unless it complies with the condition assessment
scheme referred to in Article 6.
Article 6
Conditionassessmentscheme
For the purposes of Article 5, the condition assessment scheme adopted
by MEPC Resolution 94 (46) of 27 April 2001, as amended, shallapply.
Article 7
Finaldate
After the anniversary of the date of delivery of the ship in 2015:
— the continued operation, in accordance with paragraph 5 of revised
Regulation 13G of Annex I to MARPOL 73/78, of Category (2) andCategory (3) oil tankers under the flag of a Member State, and
— the entry into the ports or offshore terminals under the jurisdiction
of a Member State of other Category (2) and Category (3) oiltankers, irrespective of the fact that they continue to operate underthe flag of a third State in accordance with paragraph 5 of revised
Regulation 13G of Annex I to MARPOL 73/78,
shall no longer be allowed.
Article 8
Exemptionsforshipsindifficultyorforshipstoberepaired
1. 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 ofthat Member State, when:
— an oil tanker is in difficulty and in searchof a place of refuge,
— an unloaded oil tanker is proceeding to a port of repair.
2. Member States shall, in due time, but before 1 September 2002,
communicate to the Commission the provisions of national law which2002R0417 — EN — 21.10.2003 — 002.001 — 7
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they will apply in the circumstances referred to in paragraph 1. The
Commission shall inform the other Member States thereof.
Article 9
NotificationtotheIMO
1. The Presidency of the Council, acting on behalf of the Member
States, and the Commission shall jointly inform the IMO of the adop-tion of this Regulation, whereby reference shall be made to Article211, paragraph 3 of the United Nations Convention on the Law of theSea.
2. Each Member State shall inform the IMO of its decision to deny
entry of oil tankers, pursuant to Article 7 of this Regulation, operatingin accordance withth e provisions of paragraph5 of revised Regulation13G of Annex I of MARPOL 73/78 into the ports or offshore terminalsunder its jurisdiction, on the basis of paragraph 8(b) of revised Regula-tion 13G of Annex I of MARPOL 73/78.
3. 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 withArticle 5, onthe basis of paragraph 8(a) of revised Regulation 13G of Annex I ofMARPOL 73/78.
Article 10
Committeeprocedure
1. The Commission shall be assisted by the Committee on Safe Seas
and the Prevention of Pollution from Ships (COSS) created by Article3 of Regulation (EC) No 2099/2002 of 5 November 2002 of the
European Parliament and of the Council establishing a Committee on
Safe Seas and the Prevention of Pollution from Ships (COSS)(
1).
2. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
Article 11
Amendmentprocedure
The references in the Articles of this Regulation to the regulations of
Annex I of MARPOL 73/78 and to Resolutions MEPC 94(46) and
95(46) shall, if appropriate, be amended in accordance with the proce-dure referred to in Article 10(2), in order to bring the references intoline withamendments to th ese regulations and resolutions adopted bythe IMO, in so far as such amendments do not broaden the scope of
this Regulation.
The amendments to the international instrument referred to in Article
3(1) may be excluded from the scope of this Regulation, pursuant toArticle 5 of Regulation (EC) No 2099/2002.2002R0417 — EN — 21.10.2003 — 002.001 — 8
(1) OJ L 324, 29.11.2002, p. 1.▼M1
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Article 12
Repeal
Council Regulation (EC) No 2978/94 is hereby repealed as from 31
December 2007.
Article 13
Entryintoforce
This Regulation shall enter into force on the twentieth day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 September 2002.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R0417 — EN — 21.10.2003 — 002.001 — 9