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COMMISSION OF THE EUROPEAN COMMUNITIES 
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t" "«rail C0MC94) 239 f Inal-SYN 481 
Brussels, 02.06.1994 
Amended proposal for a 
COUNCIL REGULATION (EC) 
on the implementation of BMO Resolution A. 747(18), 
on the application of tonnage measurement of ballast spaces 
in segregated ballast oil tankers 
mm (presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
*L 
EXPLANATORY HEHOBAMDim 
At its Plenary Session of 3 May 1994 the European Parliament has approved, subject to 
three amendments, the Commission's proposal for the Regulation on the implementation of 
IMO Resolution A.747(18), on the application of tonnage measurement of ballast spaces in 
segregated ballast tankers (SBT) '. 
The Commission has accepted all the amendments adopted by the European Parliament for 
the reasons outlined below. 
The amendment to the 8th recital improves the text since it provides a better explanation 
of the present practice of many port and harbour authorities and pilot authorities over­
charging modern environmentally friendly oil tankers as compared to older vessels which 
constitute a bigger threat to the environment. 
The amendment to the 9th recital improves the text of the proposal by describing more 
accurately the possible consequence on their competitiveness for those ports which imple­
ment the regulation in a concerted way. 
The amendment to article 4 consists of 2 changes. 
i) The amendment to article 4 paragraph 1 restricts the range of the proposal to port 
and pilotage organizations only, not including other legal persons who charge levies 
to oil tankers. Those excluded are of little economic significance in terms of added 
fees (well below 1%) but are a complex network of operators differing from port to 
port. Harmonisation of their tariff system would be out of proportion with the 
objective of the Regulation. 
ii) With the other amendment to article 4 a new paragraph 2 is introduced. The 
purpose of this is to take into account those ports which have already installed and 
implemented a percentage rebate system in their tariff system for modern oil 
tankers. Present financial reduction systems are embodied in the text now as an 
alternative to the regime of the IMO resolution. By this alternative (with the figure 
of 20% for the rebate), the overall economic effect to the market is largely the 
same as that reached by following the IMO-resolution's regime individually for 
every oil tanker. The feature of the alternative system is that it is easier to incor­
porate in the administration of a number of port authorities. 
Following these amendments, the Commission has consequentially amended the twelfth 
recital and it has introduced a new recital. 
OJ. NoC5, 07.01.1994, p.4. 
3 
Amended proposal for a 
COUNCIL REGULATION (EC) 
on the implementation of IMO Resolution A. 747 (18), 
on the application of tonnage measurement of ballast spaces 
in segregated ballast oil tankers 
-Original text Amended text-
Recital 8 
Whereas the charging of dues on the Whereas in particular the charging of 
volume of the segregated ballast dues on the tonnage of oil tankers' 
tanks of oil tankers is an segregated ballast tanks not used for 
operational disadvantage for those the carriage of cargo is an 
who have taken an important step unjustifiable financial surcharge on 
towards a cleaner environment; those who have taken an important 
step towards a cleaner environment; 
Recital 9 
Whereas, for economic reasons, Whereas, for. economic reasons, 
individual harbour authorities are individual harbour authorities must 
reluctant to be put in a competitive not be put a_t a competitive 
disadvantage if they were the only disadvantage if they are prepared to 
ones enacting the IMO Resolution; enact the IMO Resolution; 
-Original text- -Amended text-
Recital 12 
Whereas for the purpose of the 
protection of the marine 
environment from pollution from 
oil tankers of a conventional 
design, the marine environment, 
the Community and its Member 
States and the industry are best 
served through an unified 
implementation in the Community 
of internationally agreed rules 
addressing all persons who 
charge levies on oil tankers, 
inter alia, ports and harbour 
and pilotage organisations in 
the Communi ty; Whereas for the purpose of the 
protection of the marine 
environment from pollution from 
oil tankers of a conventional 
design, the marine environment, 
the Community and its Member 
States and the industry are best 
served through an unified 
implementation in the Community 
of internationally agreed rules 
addressing all persons who 
charge levies on oil tankers, 
ports and harbour and pilotage 
organisations in the Community; 
Recital 15 bis (new) 
Whereas systems have been 
already established in some 
Member States in order to reduce 
the levies for environmentally 
friendly vessels on another 
basis than the IMO Resolution 
A. 747 (18) ; whereas in the spirit 
of that Resolution, an 
alternative scheme for tonnage 
based fees, should be foreseen 
consisting in a percentage 
differential from the normal 
tariff, so that the average 
difference will be at least the 
same as that which is envisaged 
by the Resolution; 
f-
-Original text- -Amended text-
Article 4 
When determining tariffs for oil 
tankers, public or private persons 
shall exclude the tonnage of the 
segregated ballast tanks of an oil 
tanker which complies with the 
requirements of Article 3, as 
indicated under the heading 'Remark' 
of the International Tonnage 
Certificate (1969). 1. In determining the tariffs for oil 
tankers on the basis, partially or 
wholly, of the overall capaçity of a 
vessel, the port and pilotage 
authorities shall exclude the tonnage 
of the segregated ballast tanks of an 
oil tanker which complies with the 
requirements of Article 3(2), as 
indicated under the heading 'Remark' 
of the International Tonnage 
Certificate (1969) of the vessel. 
2. As an alternative to paragraph 1, 
the port and pilotage authorities may 
choose to adopt a system whereby they 
accord segregated ballast oil tankers 
a percentage rebate in theirfees, 
provided that the difference between 
the fees for segregated, ballast oil 
tankers and those for non-segregated 
ballast oil tankers is not less than 
20%. 
VL; 
BSN 0254-1475 
COM(94) 239 final 
DOCUMENTS 
EN 14 07 
Catalogue number : CB-CO-94-252-EN-C 
ISBN 92-77-69739-3 
Office for Official Publications of the European Communities 
L-2985 Luxembourg